Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 12, 2004 and adjourned Wednesday, April 7, 2004 volume I

Compiler's Note
The Journal of the House of Representatives regular and special sessions of 2004 are bound in three separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 2004 through March 15, 2004. Volume II contains March 17, 2004 through April 7, 2004 regular session, May 3, 2004 through May 7, 2004 special session. Volume III contains the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2004 and adjourned Wednesday, April 7, 2004
VOLUME I
2004 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2003-2004
TERRY COLEMAN ........................................................................................... Speaker 118th DISTRICT, DODGE COUNTY
DUBOSE PORTER.............................................................................. Speaker Pro Tem 119th DISTRICT, LAURENS COUNTY
ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON COUNTY
ROGER BYRD ...............................................................................................Messenger JEFF DAVIS COUNTY
ROBERT HIGHTOWER .............................................................................. Doorkeeper FULTON COUNTY
STAFF OF CLERK'S OFFICE
CHRISTEL RAASCH..............................................................................Assistant Clerk GWINNETT COUNTY
JANE C. MAYO ........................................................................................ Journal Clerk COBB COUNTY
SCOTTY LONG .........................................................................Assistant Journal Clerk HARALSON COUNTY
JESSICA COKER..................................................... Deputy Assistant Journal Clerk WALTON COUNTY
ANN CLARK.....................................................................Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH ................................... Assistant Clerk for Information Systems DOUGLAS COUNTY
MARY ANNA MEEKS...................... Deputy Assistant Clerk forInformation Systems GWINNETT COUNTY
CALVIN ROBINSON .........................................................Assistant Clerk for Printing
DEKALB COUNTY
JULIA NEWMAN ...................................... Assistant Clerk for Constituent Services DEKALB COUNTY

MONDAY, JANUARY 12, 2004

1

Representative Hall, Atlanta, Georgia Monday, January 12, 2004

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

The following communications were received:

State of Georgia Office of Secretary of State

I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page constitutes a true and correct copy of the official election returns from the court ordered election held on July 22, 2003 for State Representative, District 1; all as the same appear on file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of July, in the year of our Lord Two Thousand and Three and of the Independence of the United States of America the Two Hundred and Twenty-eighth.

(SEAL)

/s/ Cathy Cox Secretary of State

CONSOLIDATED MUNICIPAL/COUNTY RETURNS for
General Election
July 22, 2003
Walker County

For House District 1 Mike Snow Jay Neal

Received 3542 votes " 3462 "

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OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 1
GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Michael M. Snow State Representative
Sworn to and subscribed before me, this 17th day of November, 2003
/s/ Norman S. Fletcher Honorable Norman S. Fletcher Chief Justice, Supreme Court of Georgia

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E.

MONDAY, JANUARY 12, 2004

3

Atlanta, Georgia 30334-1505 December 2, 2003

The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 25, 2003 Special Election Runoff for the Office of State Representative in the General Assembly of Georgia from District 8, all as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Sincerely,
/s/ Cathy Cox Secretary of State
CC:LWB:bt
Enclosure

State of Georgia Office of Secretary of State
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 4th day of November, 2003, in District 8 of the State House of Representatives in Rabun County, Towns County, Union County and a portion of White County, to fill the vacancy existing due to the death of the Honorable Ralph Twiggs.
Inasmuch as no candidate received a majority of the votes cast, a Special Election Runoff was held on November 25, 2003 and the results of the consolidated returns on file in this office are also attached.

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Having received a majority of the votes cast, Charles Jenkins was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2nd day of December, in the year of our Lord Two Thousand and Three and of the Independence of the United States of America the Two Hundred and Twenty-eighth.

(SEAL)

/s/ Cathy Cox Secretary of State

Georgia Election Results Official Results of the November 25, 2003 Special Runoff Election

State Rep District 8

100% of precincts reporting PR=Precincts Reporting TP=Total Precincts

Candidate
KURT CANNON CHARLES JENKINS

Total Votes
3641
4231

PR TP Percentage
46.3% 53.7%

RABUN 11 11
1472 1088

TOWNS 6 6
854 770

UNION 13 13

WHITE 7 7

1005

310

2151

222

Georgia Election Results Official Results of the November 4, 2003 Special Election
State Rep District 8
100% of precincts reporting PR=Precincts Reporting TP=Total Precincts

MONDAY, JANUARY 12, 2004

5

PR

TP

Candidate

Total Percentage

Votes

GOLDEN LEE BARRON

525

6%

KURT CANNON 3431

39%

HUGH ESCO

117

1%

GUY GOBER

457

5%

CHARLES JENKINS

2888

33%

LAWRENCE A. STOCKTON

1092

12%

RONALD VANDIVER

330

4%

RABUN 11 11
59 1309
26 225 193
950
215

TOWNS 6 6
84 770 47
54 614
27
6

UNION 13 13

WHITE 7 7

78

304

891

461

17

27

89

89

1877

204

25

90

25

84

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 8
GEORGIA HOUSE OF REPRESENTATIVES
I do solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this state.
I further swear or affirm that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, that I have been a resident of my district for the time required by the Constitution and the laws of this state, and that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia.
SO HELP ME GOD.
LOYALTY OATH
I am a citizen of the State of Georgia and a member of the General Assembly and the recipient of public funds for services rendered as such officer and I do hereby solemnly

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swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia.
SO HELP ME GOD.
/s/ Charles L. Jenkins State Representative
Sworn to and subscribed before me, this 5th day of December, 2003
/s/ David Barrett Judge, Superior Court Enotah Judicial Circuit

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

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

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

Hill, V Hines Houston Howard Hudson Hugley Jackson James Jamieson Jenkins, C Jenkins, C.F Jones Jordan Joyce Keen Knox Lewis Lord Lunsford Maddox Mangham Marin Martin Massey Maxwell McBee McCall McClinton Millar Mills Mitchell Mobley Moraitakis

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

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

MONDAY, JANUARY 12, 2004

7

The following members were off the floor of the House when the roll was called:
Representatives Childers of the 13th, Post 1; Dukes of the 136th; Elrod of the 25th; Epps of the 90th; Golick of the 34th, Post 3; Howell of the 92nd; Lane of the 101st; Lucas of the 105th; Manning of the 32nd; Ralston of the 6th; Sailor of the 61st, Post 1; and Watson of the 60th, Post 2.
They wish to be recorded as present.

State of Georgia Office of the Governor
Atlanta 30334-0900

May 13, 2003

The Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 121:
Section 41, pertaining to the Department of Administrative Services, page 42, Lines 1820 through 1822;
Section 42, pertaining to the Department of Community Affairs, page 42, lines 1832 through 1835;
Section 42, pertaining to the Department of Community Affairs, page 43, lines 1847 through 1848;

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Section 51, pertaining to the Department of Natural Resources, page 81, lines 3679 through 3687;
Section 55, pertaining to the Department of Transportation, page 82, lines 3727 through 3731;
Section 55, pertaining to the Department of Transportation, page 82, lines 3736 through 3738;
Section 64, pertaining to Federal Funds, page 85, lines 3831 through 3835;
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3954 through 3960;
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3961 through 3967; and
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund for the Department of Technical and Adult Education, page 87, lines 3917 to 3922.
Please be further advised that I have directed the Office of Planning and Budget to implement the attached Expenditure Controls for FY 2003.
The Veto Messages and Expenditure Controls are attached for each item referenced above.
Sincerely,
/s/ Sonny Perdue
SP/ls Attachments cc: The Honorable Thurbert E. Baker, Attorney General
The Honorable Cathy Cox, Secretary of State of Georgia Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Jr., Secretary of Senate Mr. Sewell R. Brumby, Legislative Counsel
Vetoes -- House Bill 121
Section 41, pertaining to the Department of Administrative Services, page 42, lines 1820 through 1822:

MONDAY, JANUARY 12, 2004

9

This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1820 to 1822, page 42) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.
Section 42, pertaining to the Department of Community Affairs, page 42, lines 1832 to 1835: As part of the budget cuts to FY 1992, an Environmental Protection Division grant program that provided local governments with small loans for emergency water and sewer projects was eliminated. Later, this program was replaced with a state-funded loan program in the Georgia Environmental Facilities Authority (GEFA). This language was added to the appropriation bill at that time to highlight that a "loan" program was replacing a "grant" program. There has been no state funding for the GEFA emergency loan program since the end of FY 1999 and this language is no longer necessary. Therefore, this language (lines 1832-1835, page 42) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.
Section 42 pertaining to the Department of Community Affairs, page 43, lines 1847 through 1848: This language authorizes the Department to provide a total of $70,034 in special support for the Southeast Georgia Regional Development Center from the Contracts object class. This special contract was established in the agency by the Fiscal Affairs subcommittee in June of 2001 and therefore this language is unnecessary. Therefore, this language (lines 1847 to 1848, page 43) in the Provisions Relative to Section 7, Department of Community Affairs is vetoed and has been vetoed previously.
Section 51, pertaining to the Department of Natural Resources, page 81, lines 3679 through 3687: From FY 2000 through FY 2002, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources were used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of state funds for subsidies to individuals required special authorizing language in each appropriation bill in which this program received funding. Beginning in FY 2003, the Georgia Building Authority continued the state employee mass transit subsidy program with non-state funds and this language was no longer necessary and was vetoed in HB 1002. Therefore, this language (lines 3679 to 3687, page 81) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed.
Section 55, pertaining to the Department of Transportation, page 82, lines 3727 through 3731:

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This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 3727 to 3731, page 82) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 55, pertaining to the Department of Transportation, page 82, lines 3736 through 3738: This language authorizes the Department to use available funding for right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 3736 to 3738, page 82) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 64, pertaining to Federal Funds, page 85, lines 3831 through 3835: This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 3831 to 3835, page 85) in Section 64 is vetoed and has been vetoed previously.
Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3954 through 3960: This language essentially provides $421,950 in debt service funds for a principal bond amount not to exceed $4,850,000 for the Georgia Rural Economic Development and Technology Center at East Georgia College. An Economic Development Technology Building is under construction at Swainsboro Technical College about 2 miles away. Both facilities have classrooms and computer labs and both colleges are offering Associate Degrees in Information Technology. In the current state fiscal situation, it is important to look for efficiencies and to have agencies work closely together on programs and delivery of services. Therefore, this language (lines 3954 through 3960, page 88) in Section 65 is vetoed. A thorough evaluation should be undertaken to merge or mesh the two campus programs into one shared facility.

MONDAY, JANUARY 12, 2004

11

Section 65, pertaining to the General Obligation Debt Sinking Fund for the Board of Regents, page 88, lines 3961 through 3967: This language essentially provides $87,000 in debt service funds for a principal bond amount of $1,000,000 for a campus entryway and related infrastructure for Atlanta Metropolitan College. The current main entrance is owned by Atlanta Technical College and is shared with them. In these difficult budget times, cosmetic focused projects that are not essential to the functioning of a campus should be deferred. Therefore, this language (lines 3961 through 3967, page 88) in Section 65 is vetoed.
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 87, lines 3917 to 3922: As a part of the Department of Technical and Adult Education's budget request to the Governor, a list of capital outlay projects was provided. These projects were reviewed and approved by the board for consideration for funding during the 2003 session of the Georgia General Assembly. Although an Allied Health building for the Southwest Georgia Technical College was not included on the board's list, HB 121 includes $74,820 for $860,000 in 20-year bonds for this project. This project received funding in HB 121 while many board-approved projects did not. Therefore, this language (lines 3917-3922, page 87) in the Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund is vetoed.
Expenditure Controls -- House Bill 121
Item 4, page 14 of the Comparative Summary of HB 121, pertaining to the Department of Community Health: This item contains language, limiting enrollment in PeachCare for Kids so that FY 2003 expenditures do not exceed the FY 2003 appropriations provided for PeachCare benefits or administrative costs. This item also recognizes that a limit on enrollment would reduce the FY 2004 annualized cost of children enrolled in FY 2003. Without a cap on enrollment, it would be necessary to appropriate additional funds to the department to accommodate the projected annualized cost of care for more program participants. The General Assembly disagreed with the Governor's recommendation to limit enrollment. However, because the General Assembly failed to appropriate the funds considered necessary for the department to meet its expected financial obligations in FY 2004, I am directing the department to monitor enrollment and take actions necessary to ensure that expenditures do not exceed either the FY 2003 or FY 2004 appropriations for PeachCare.
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 86, lines 3868 to 3873: The Department of Technical and Adult Education traditionally receives an appropriation for the replacement of obsolete equipment at its institutions throughout the state. In recent years, the annual funding level has been $12,500,000. In the 2002 session of the Georgia General Assembly, $7,500,000 was appropriated for this purpose. I recommended an

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annual funding level of $10,000,000 in the 2003 session. This represented an increase over the previous year's funding. HB 121 increases the funding level by an additional $4,200,000 to a total of $14,200,000. Although maintaining current training equipment at our technical institutions is a good use of state resources, this increase over the historical level of funding during a year of austerity reductions in state programs across the board seems excessive. Therefore, I will direct the Georgia State Financing and Investment Commission to withhold from sale that portion of these bonds that exceed the austerity level of funding for obsolete equipment included in my budget report.
Section 65, pertaining to the State of Georgia General Obligation Debt Sinking Fund, page 88, lines 3948 to 3953: As a part of the Department of Technical and Adult Education's budget request to the Governor, a list of capital outlay projects was provided. These projects were reviewed and approved by the board for consideration for funding during the 2003 session of the Georgia General Assembly. HB 121 includes $156,600 for $1,800,000 in 20-year bonds for renovations to recently acquired buildings at Columbus Technical College. There are at least 20 unfunded projects on the Department's consolidated priority capital outlay list ahead of this project. Therefore, I will direct the Georgia State Financing and Investment Commission to withhold this bond project from sale.
Instructions:
In these difficult budget times, it is important to focus on the serious infrastructure issues that affect campus operations and classrooms, labs or library facilities that impact instruction or accreditation. Less important projects such as landscaping, campus entrances and project elements that could wait until design is complete should be deferred. Therefore, I am instructing the Georgia State Finance and Investment Commission to defer funding on the following Board of Regents bond projects or portions of projects:
1. $2,500,000 of the $5,000,000 Southern Polytechnic State University project on page 64, item 16 of the Comparative Summary of HB 121 that is for campus entrance changes with appropriate road and utility realignment and landscaping. The portion of the project ($2,500,000) that is for lab expansion and renovation for the engineering technology programs should proceed.
2. $400,000 of the $700,000 Georgia Southwestern State University project on page 65, item 21 of the Comparative Summary of HB 121 that is for renovation of historic Wheatly Hall Administration Building for repairs and the removal of two additions needed to make the building conform to its original configuration. The portion of the project ($300,000) that relates to pre-design and design should proceed. Since the hall is a functioning administration building, any repairs needed

MONDAY, JANUARY 12, 2004

13

in the interim to keep the building functioning should be funded from the Regents' additional MRR (Major Repair and Rehabilitation) bonds added to HB 121.

State of Georgia Office of the Governor
Suite 201 Capitol Atlanta, Georgia 30334-0900

June 4, 2003

The Honorable Mark Taylor President of the Senate 240 State Capitol Atlanta, Georgia 30334
The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Gentlemen:
Please be advised that I have line item vetoed the following Sections in House Bill 122:
Section 41, pertaining to the Department of Administrative Services, page 42, lines 1818 through 1820;
Section 49, pertaining to the Department of Natural Resources, page 45, lines 1931 through 1939;
Section 53, pertaining to the Department of Transportation, page 46, lines 1977 through 1981;
Section 53, pertaining to the Department of Transportation, page 46, lines 1986 through 1988;
Section 62, pertaining to Federal Funds, page 49, lines 2088 through 2092; and

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Section 63, pertaining to the General Obligation Debt Sinking Fund, page 54, lines 2295 through 2301.
Please be further advised that I have directed the Department of Community Health to implement an expenditure control for item "a" on page 20 of the Comparative Summary of HB 122. Additionally, I have deferred approximately $21.5 million in expenditures for various items in HB 122.
The Veto Messages and Expenditure Control are attached for each item referenced above.
Sincerely,
/s/ Sonny Perdue
SP/ls
Attachments
cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Cathy Cox, Secretary of State of Georgia Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Jr., Secretary of Senate Mr. Sewell R. Brumby, Legislative Counsel Mr. Robert Hobbs, Legislative Budget Analyst
VETOES -- HB 122
Section 41, pertaining to the Department of Administrative Services, page 42, lines 1818 through 1820: This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800-megahertz system. All communications equipment purchases are now under the direction of the Georgia Technology Authority and this language is inconsistent with general law. Therefore, this language (lines 1818 to 1820, page 42) in the Provisions Relative to Section 4, Department of Administrative Services is vetoed and has been vetoed previously.
Section 49, pertaining to the Department of Natural Resources, pages 45, lines 1931 through 1939: Since FY 2000, state funds appropriated to the Environmental Protection Division of the Department of Natural Resources has been used to match federal Congestion Mitigation and Air Quality funds to provide mass transit subsidies for state employees. The use of

MONDAY, JANUARY 12, 2004

15

state funds for subsidies to individuals has required special authorizing language in each appropriation bill since the initiation of this program. Beginning in FY 2003, the Georgia Building Authority will continue the state employee mass transit subsidy program with non-state funds and this language will no longer be necessary. Therefore, this language (lines 1931 to 1939, page 45) in the Provisions Relative to Section 24, Department of Natural Resources is vetoed and has been vetoed previously.
Section 53, pertaining to the Department of Transportation, page 46, lines 1977 through 1981: This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when the Office of Planning and Budget has approved a properly drawn amendment to the annual operating budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act making this language unnecessary. Therefore, this language (lines 1977 to 1981, page 46) in the Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 53, pertaining to the Department of Transportation, page 46, lines 1986 through 1988: This language authorizes the Department to use available funding for right-of-way acquisition for a multi-lane road to connect the Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3. This project was funded in FY 2001. In addition, as a state route, this project is eligible for motor fuel funds and special language is not necessary. Therefore, this language (lines 1986 to 1988, page 46) in Provisions Relative to Section 36, Department of Transportation is vetoed and has been vetoed previously.
Section 62, pertaining to Federal Funds, page 49, lines 2088 through 2092: This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. Therefore, this language (lines 2088 to 2092, page 49) in Section 62 is vetoed and has been vetoed previously.
Section 63, pertaining to the General Obligation Debt Sinking Fund, page 54, lines 2295 through 2301: This language essentially provides $348,000 in debt service funds for a principal bond amount not to exceed $4,000,000 for the Georgia Military College, which is attached to the Board of Regents for administrative purposes. This project was fully funded in FY

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2002 ($13,430,000) and FY 2001 ($600,000) in accordance with the approved pre-design costs and scope. Any expansion of the scope of this project or increases in cost are the responsibility of the Georgia Military College. Therefore, this language (lines 2295 to 2301, page 54) in Section 63 is vetoed.
Expenditure Controls -- HB 122
Item a on page 20 of the Comparative Summary of HB 122, pertaining to the Department of Community Health This item contains language limiting enrollment in PeachCare for Kids so that FY 2004 expenditures do not exceed the FY 2004 appropriations provided for PeachCare benefits or administrative costs. Without a limit on enrollment, it would be necessary to appropriate additional funds to the department to accommodate the projected annualized cost of care for more program participants. The General Assembly disagreed with the Governor's recommendation to limit enrollment. However, because the General Assembly failed to appropriate the funds considered necessary for the department to meet its expected financial obligations, I am directing the department to monitor enrollment and take actions necessary to ensure that expenditures do not exceed the FY 2004 appropriations for PeachCare.

State of Georgia Office of the Governor Atlanta, Georgia 30334-0900

June 4, 2003

The Honorable Terry Coleman Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Coleman:
I have vetoed House Bills 26, 56, 147, 290, 314, 424, 445, 497, 503, 544, 619, 638 and 673, which were passed by the General Assembly of Georgia in the 2003 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

MONDAY, JANUARY 12, 2004

17

Sincerely,
/s/ Sonny Perdue
SP/ab
cc: The Honorable Mark Taylor, Lieutenant Governor The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

State of Georgia Office of the Governor Atlanta, Georgia 30334-0900

June 4, 2003

The Honorable Mark Taylor President of the Senate 240 State Capitol Atlanta, Georgia 30334

The Honorable Eric Johnson President Pro Tempore 321 State Capitol Atlanta, Georgia 30334

Dear Lieutenant Governor Taylor and Sen. Johnson:

I have vetoed Senate Bills 81, 88, 178, 187, 202, 206, 221 and 265, which passed the General Assembly in the 2003 Regular Session.

Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached.

Sincerely,

/s/ Sonny Perdue

SP/ab

cc: The Honorable Terry Coleman, Speaker of the House of Representatives

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JOURNAL OF THE HOUSE

The Honorable Cathy Cox, Secretary of State of Georgia The Honorable Thurbert E. Baker, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel

VETO NUMBER 1

House Bill 619 House Bill 619 would create a new hybrid form of group accident and sickness insurance known as "franchise group plan[s]" offered through "franchise associations." Although this legislation appears to establish a type of group health insurance plan, it does not. Regardless of association membership, applicants would be individually underwritten and the health insurer would be allowed to determine who would be eligible for coverage. These provisions create a perception that group health plan coverage may be available when it is not. Other States are taking action to limit the marketing of these association health plan policies. To protect consumers and ensure the stability of the small group market, I VETO House Bill 619.

VETO NUMBER 2

House Bill 26

In an effort to facilitate exploration, discovery, and recording of

archaeological artifacts and to provide some oversight by the State, House Bill 26 was

introduced to establish "zones" along the Chattahoochee and Flint Rivers; only in these

zones would "the collecting of isolated submerged finds of chipped tools or edged

weapons" be permissible by persons 16 years-old or older pursuant to a license issued by

the Department of Natural Resources for such purpose. In addition to required licensure,

this bill establishes barriers to collecting, by limiting these activities to zones established

by the Department of Natural Resources at locations where river access may be obtained

through State owned or controlled real property adjoining the river and by setting annual

periods during which collecting in such zones may occur. It is not clear that this bill

adequately addresses the needs of those that support regulation or those being regulated.

The Department of Natural Resources estimates that the required surveying of the rivers

would cost approximately $170,000 for the Flint River and $420,000 for the

Chattahoochee River. These costs would be in addition to the first year start-up and

operating costs of $325,000 and an annual on-going cost of $180,000. Given the

enormous fiscal pressures currently facing the State, I VETO House Bill 26.

VETO NUMBER 3

House Bill 56

House Bill 56 would change the attachment of the State Medical

Education Board and the Georgia Board for Physician Workforce from the Department of

Community Health to the Board of Regents. In addition to moving the boards'

administrative attachments, it expands the authority of the boards and designates them as

MONDAY, JANUARY 12, 2004

19

"independent agencies," divorcing them entirely from the Department of Community Health. Because of the importance of the budgetary oversight function the Department of Community Health currently exercises over these boards, I VETO House Bill 56.
VETO NUMBER 4
House Bill 147 House Bill 147 would allow the Board of Community Health to include the employees and retiring employees of agricultural commodity commissions in State health insurance plans. A version of this legislation was introduced in the 2002 session (House Bill 1494). As my predecessor noted in vetoing that bill, the inclusion of such groups would change the plans' risk pool in unpredictable ways and may put the State's exemption from the Employee Retirement Income Security Act of 1974 (ERISA) at risk. 2002 Ga. Laws CDXXXIII. To continue to protect against both these risks, I VETO House Bill 147.
VETO NUMBER 5
House Bill 290 Section 2 of House Bill 290 would exempt from the two percent cap on local option sales taxes "any specific excise taxes on prepared food and beverages." The effect of this change to the sales tax law is unclear. It could allow some local governmental entities to raise the percentage at which the sales of prepared food and beverages are taxed without a voter referendum--in some cases to a total sales tax rate of nine percent or greater. Therefore, I VETO House Bill 290.
VETO NUMBER 6
House Bill 314 This bill would allow the State general fund to capture interest earned on the Georgia Greenspace Trust Fund. Interest earned on monies appropriated or otherwise provided for greenspace should remain in the fund for its intended use. Therefore, I VETO House Bill 314.
VETO NUMBER 7
House Bill 424 The original version of House Bill 424 allowed payroll deductions for State employees enrolled in the Georgia Higher Education Savings Plan. An amendment to this bill would allow "public employees of any critical access hospital authority or federally qualified health center" to join the State's deferred compensation plans.
The State's deferred compensation plans are subject to specific exemptions from federal tax rules. There is concern that adding these additional employees without a specific ruling from the Internal Revenue Service approving of their addition could jeopardize these exemptions. In order to ensure that the State's benefit plans do not run afoul of

20

JOURNAL OF THE HOUSE

federal law, I will encourage the State Merit System of Personnel Administration to obtain rulings by the appropriate federal authorities to determine the permissibility of adding these employees to the plans in anticipation of similar legislation in the future. Without such rulings, however, the potential negative effects of this amendment render this bill impossible to sign. Therefore, I reluctantly VETO House Bill 424 and encourage the General Assembly to pass the payroll deduction portion of this bill next year as a stand-alone measure, and the remaining portions if it is conclusively determined that they will not jeopardize the State's benefit plans under federal law.
VETO NUMBER 8
House Bill 497 House Bill 497 would create the East Central Georgia Railroad Excursion Authority, a new authority with the power to borrow, lend, tax, contract, bond, and receive state appropriations. Given the current fiscal challenges facing this state, I VETO House Bill 497.
VETO NUMBER 9
House Bill 503 House Bill 503 would exempt residents of Glynn County from paying the toll on the F.J. Torras Causeway leading from U.S. 17 to Saint Simons Island, Georgia. As Chairman of the State Road and Tollway Authority, I am announcing that the Authority will eliminate altogether the toll on this causeway by year's end. Currently, funds from the toll total $8.3 million, with total debt on the project of only $1.7 million. The 1980 agreement between the Georgia Department of Transportation and the Federal Highway Administration initially setting up the toll provided that "[n]o toll shall be charged for the use of the Torras Causeway after the Department has been repaid for its share of the construction costs. After the date of the final repayment [of debt on the causeway], the Torras causeway shall be maintained or operated as toll free facility." By ending the toll this year, the State will honor this agreement. Based on this announcement, I VETO House Bill 503.
VETO NUMBER 10
House Bill 544 House Bill 544 provides for governmental entities to enter into hedge contracts in connection with the issuance of revenue bonds. The State's Deputy Chief Financial Officer has expressed concerns that this bill does not provide adequate safeguards against the risks inherent in derivative financing. Therefore, I VETO House Bill 544 and encourage the General Assembly to revisit this issue with an improved bill that appropriately balances the rewards of hedge contracts with their risks.
VETO NUMBER 11
House Bill 638 House Bill 638 would allow "public employees of any critical access hospital authority or federally qualified health center" to join the State's deferred

MONDAY, JANUARY 12, 2004

21

compensation plans. It further allows the addition of employees of "federally qualified health center[s]" to the state health benefit plan. The inclusion of such groups would change the plan's risk pool in unpredictable ways. In addition, the State Merit System of Personnel Administration has raised the concern that absent favorable determinations by the appropriate federal regulatory agencies on the effect of adding such employees to the plans, their addition could jeopardize the plans' exemptions from certain federal tax rules and the Employee Retirement Income Security Act of 1974 (ERISA). In order to ensure that the State's benefit plans do not run afoul of federal law, I will encourage the State Merit System of Personnel Administration to obtain rulings by the appropriate federal authorities to determine the permissibility of adding these employees to the plans in anticipation of similar legislation in the future. Out of deference to the Merit System's current concerns, however, I VETO House Bill 638.
VETO NUMBER 12
House Bill 445 House Bill 445 would change the number of magistrates authorized for the Magistrate Court of Fulton County. The Chief Judge of the State Court of Fulton County has requested that I veto this bill. Therefore, I VETO House Bill 445.
VETO NUMBER 13
House Bill 673 House Bill 673 would create the City of LaGrange Gas Authority. I have already signed Senate Bill 158, which also creates the City of LaGrange Gas Authority; therefore, I VETO House Bill 673.
VETO NUMBER 14
Senate Bill 81 Senate Bill 81 would create the "Georgia Emergency Medical Services Medical Directors Advisory Council." A similar, informal committee has been meeting under the auspices of the Department of Human Resources for some time, and this legislation seeks to codify the committee. No case has been made that the informal committee is in need of codification. Therefore, I VETO Senate Bill 81.
VETO NUMBER 15
Senate Bill 88 Senate Bill 88 would change the Georgia Sports Hall of Fame Authority from an authority to a division of the Department of Community Affairs (DCA).
This bill also changes the DCA Board composition. By adding two new members-- chairpersons of the sports and music advisory committees--the bill makes a significant change to an important statewide board. As members of the DCA board, chairpersons of the advisory committees would need to be knowledgeable not only about sports or music,

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but also about the wide range of other issues before the board. Additionally, there are several other entities or organizations similar to the halls of fame in their relationship with DCA, but which would not have membership on the DCA board. These prescriptive appointments on the DCA Board are unprecedented. Therefore, I VETO Senate Bill 88.
VETO NUMBER 16
Senate Bill 178 Senate Bill 178 would provide a ten percent increase annually in state salary for school counselors and school social workers for each year in which such a professional holds national certification. Our school counselors and school social workers perform very valuable services under tough circumstances. In the future, the Department of Education will need to review the research-supported effects of national certification to determine whether such certification improves employee performance and advances student achievement. In the current budget environment and in the fiscal landscape for the near future, however, I cannot commit the State to this new expenditure; therefore, I VETO Senate Bill 178.
VETO NUMBER 17
Senate Bill 187 Senate Bill 187 would create a State-level training program for airport managers. Currently, a national certification program for airport managers already exists. This legislation would create a duplicative program at a projected cost of over $250,000. I, therefore, VETO Senate Bill 187.
VETO NUMBER 18
Senate Bill 221 Section 3 of Senate Bill 221 restricts the use of excess tollway dollars specifically to "any project physically or operationally connected with and bearing the same state highway system route number as [the] toll project." Under this provision the State Road and Tollway Authority (SRTA) could be precluded from using funds for connecting intersection improvements and other operationally related mobilityenhancing projects within the tollway corridor.
This legislation is a result of the attempted diversion of State Route 400 toll dollars to projects that have no impact or relevance to State Route 400. The State Route 400 corridor is one of our State's most important economic centers, and with pressing transportation needs in this area, we need the flexibility to fund improvements on State Route 400 itself, its connecting roads and other improvements that provide mobilityenhancing benefits to State Route 400. This bill, although well intended, could limit road improvements that are beneficial to State Route 400 commuters. I remain strongly committed to ensuring that State Route 400 toll dollars are used expressly for improvements within this corridor.

MONDAY, JANUARY 12, 2004

23

Today I am issuing an Order, as Chairman of the SRTA, directing SRTA to prepare immediately operating rules and regulations that will require that all toll dollars collected from the State Route 400 project remain within the corridor in which they are collected. These new rules and regulations will be for adoption at the next meeting of the Authority. This Order protects State Route 400 toll dollars while providing the flexibility Georgia needs to meet the specific transportation needs within the 400 corridor. Therefore, I hereby VETO Senate Bill 221.
VETO NUMBER 19
Senate Bill 265 Senate Bill 265 would create a state registry of automated external defibrillators and allow the Emergency Health Section of the Division of Public Health of the Department of Human Resources to promulgate rules and regulations for their placement and registry. Defibrillators are registered and tracked by local 911 systems. As a result, additional regulatory requirements are duplicative, therefore I VETO Senate Bill 265.
VETO NUMBER 20
Senate Bill 202 Senate Bill 202 would create the Cartersville Building Authority. I have already signed House Bill 694, which also creates the Cartersville Building Authority; therefore, I VETO Senate Bill 202.
VETO NUMBER 21
Senate Bill 206 Senate Bill 206 would create a board of elections and registration for Butts County. The Butts County Board of Commissioners has requested that I veto this bill. Therefore, I VETO Senate Bill 206.

House of Representatives Atlanta

October 28, 2003

Representative Paul E. Smith 218 State Capitol Atlanta, Georgia 30334
Dear Paul:

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JOURNAL OF THE HOUSE

Thank you for your willingness to serve as the next Chairman of the House Committee on Transportation. You are to be commended for your dedication to public service.
The late Ralph Twiggs served his state well as the former Chairman, and I am convinced that you will give the position your best, just as Representative Twiggs did.
Please let me know if I can be of assistance in any way, and I look forward to serving with you as you assume this new position.
Sincerely,
/s/ Terry Coleman Terry L. Coleman, Speaker Georgia House of Representatives
TLC/clm
cc: Governor Sonny Perdue Lt. Gov. Mark Taylor Sen. Tommie Williams Robyn Underwood Robbie Rivers Matt Caseman

House of Representatives Legislative Office Building, Room 409
Atlanta, Georgia 30334
November 19, 2003

Honorable Robert E. Rivers Clerk House of Representatives State Capitol Atlanta, GA 30334
Dear Mr. Rivers:
On Monday, November 17, 2003, the Republican Caucus met in Room 341 of the State Capitol to elect a House Minority Leader for the unexpired 2003 - 2004 Legislative term of the General Assembly.

MONDAY, JANUARY 12, 2004

25

Representative Glenn Richardson from House District 26 was elected to fill the unexpired term of former Minority Leader Lynn Westmoreland. Representative Westmoreland stepped down from the position of Leader due to time constraints involving his Congressional campaign.
Sincerely,
/s/ Sharon Cooper Minority Caucus Chairman
SC:sc
cc: Speaker Terry Coleman Fiscal Office

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Jimmy Lord to the Appropriations Committee and removing him from the Natural Resources Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Jimmy Lord Representative Tom Buck Representative Bob Hanner Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel

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JOURNAL OF THE HOUSE

Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Winfred Dukes to the Journals Committee as Vice-Chairman and removing him from the Retirement Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Winfred Dukes Representative Doug Teper Representative Bill Cummings Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334

MONDAY, JANUARY 12, 2004

27

Dear Robyn:
Effective this date, I am moving Representative Sally Harrell from Secretary of the Human Relations & Aging Committee to Vice-Chairman of the Human Relations & Aging Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Sally Harrell Representative Henry Howard Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Michele Henson to the Economic Development Committee and removing her from the Arts & Humanities Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm

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cc: Representative Michele Henson Representative Larry "Butch" Parrish Representative JoAnn McClinton Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Chuck Martin to the Insurance Committee.
Representative Martin will also be moving from Suite 508-C to 508-B in the Legislative Office Building.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Chuck Martin Representative Jimmy Lord Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research
House of Representatives Atlanta

MONDAY, JANUARY 12, 2004

29

December 15, 2003

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Mike Barnes to the Industrial Relations committee and removing him from the Game, Fish & Parks committee. I am also appointing him as Secretary of the Transportation Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Mike Barnes Representative Mickey Channell Representative Bob Lane Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Gail Buckner to the Higher Education Committee and removing her from Journals Committee.

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Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Gail Buckner Representative Louise McBee Representative Doug Teper Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Bob Smith to the Higher Education Committee and removing him from the Children & Youth committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Bob Smith Representative Louise McBee Representative Georganna Sinkfield Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel

MONDAY, JANUARY 12, 2004

31

Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative John Douglas to the Defense & Veterans Affairs Committee and removing him from the Intragovernmental Coordination Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative John Douglas Representative Ken Birdsong Representative Keith Heard Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 15, 2003

House of Representatives Atlanta

32

JOURNAL OF THE HOUSE

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Charles Jenkins to the Banks & Banking; Economic Development and Game, Fish & Parks committees.
Representative Jenkins will be located in Suite 601-D of the Legislative Office Building.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Charles Jenkins Representative Johnny Floyd Representative Larry "Butch" Parrish Representative Bob Lane Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:

MONDAY, JANUARY 12, 2004

33

Effective this date, I am appointing Representative Carl Von Epps to the Appropriations Committee and removing him from the Economic Development & Tourism Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Carl Von Epps Representative Tom Buck Representative Larry "Butch" Parrish Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Hugh Broome as Vice Chairman of the Game, Fish & Parks Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Hugh Broome

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Representative Bob Lane Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Hinson Mosley as Vice-Chairman of the Transportation Committee and removing him as Vice-Chairman of the Human Relations & Aging Committee but leaving him as a member.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Henry Howard Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

MONDAY, JANUARY 12, 2004

35

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Pat Dooley as Secretary of the Human Relations & Aging Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Pat Dooley Representative Henry Howard Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Calvin Hill to the Banks & Banking Committee and removing him from the Transportation Committee.
Sincerely,
/s/ Terry Coleman Speaker

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TLC/gm
cc: Representative Calvin Hill Representative Johnny Floyd Representative Paul Smith Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 16, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Mickey Channell to the Industrial Relations committee as Chairman and removing him from the Special Rules (POLICY) committee and the Health & Human Services Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Mickey Channell Representative Michele Henson Representative Buddy Childers Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

MONDAY, JANUARY 12, 2004

37

December 17, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Sistie Hudson to the Economic Development Committee and removing her from the Agriculture Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Sistie Hudson Representative Larry "Butch" Parrish Representative Robert Ray Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

December 17, 2003

House of Representatives Atlanta

Mrs. Robyn Underwood Legislative Fiscal Officer 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:

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Pursuant to Code 28-5-5, on this date, I am appointing Representative Jimmy Skipper to serve on the Budgetary Responsibility Oversight Committee (BROC).
Thank you for your assistance in this matter.
Sincerely,
/s/ Terry Coleman Terry L. Coleman, Speaker Georgia House of Representatives
TLC/gm
cc: The Honorable Sonny Perdue, Governor of Georgia The Honorable Mark Taylor, Lt. Governor of Georgia The Honorable Cathy Cox, Secretary of State The Honorable Thurbert Baker, Attorney General Mr. Robert E. Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Mr. Russell Hinton, State Auditor Mr. Kevin Fillon, BROC Director Mr. Patrick Moore, Governor's Office Mr. Matt Caseman, House Information House Research Office Appointed Members

House of Representatives Atlanta

MEMORANDUM

TO:

Robert Rivers

Clerk

FROM: Speaker Terry Coleman

This letter will confirm that Roger Byrd will be the House Messenger for the 2004 Session beginning January 5, 2004, at the same pay as the former Messenger Don Castleberry.

MONDAY, JANUARY 12, 2004

39

If you have any questions please call my office. TLC/rh cc: Judy Hill

House of Representatives Atlanta

January 8, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Jerry Keen to the Appropriations Committee and removing him from the Game, Fish & Parks Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Jerry Keen Representative Tom Buck Representative Bob Lane Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

House of Representatives Atlanta

40 January 8, 2004

JOURNAL OF THE HOUSE

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Matt Dollar to the Economic Development & Tourism Committee and removing him from the Education Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Matt Dollar Representative Larry "Butch" Parrish Representative Bob Holmes Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

Prayer was offered by Dr. Russ Elkins, Pastor, Eastman and Friendship United Methodist Churches, Eastman, 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.

MONDAY, JANUARY 12, 2004

41

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.

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

HB 1045. By Representative Noel of the 44th:
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 new provisions relating to the licensing of such professionals; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1046. By Representative Borders of the 142nd:
A BILL to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation, etc., of fire and other hazards to persons and property generally, so as to provide for signs to be placed on gas pumps prohibiting smoking within 20 feet of the gas pumps; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to

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define certain terms; to provide for inapplicability; to provide for the State Board of Registration for Professional Soil Scientists; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1048. By Representatives Cummings of the 19th, Day of the 126th and Holmes of the 48th, Post 1:
A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; and for other purposes.

Referred to the Committee on Education.

HR 914. By Representatives Mangham of the 62nd, Mobley of the 58th, Stephenson of the 60th, Post 1, Thomas of the 43rd, Post 1, Dukes of the 136th and others:
A RESOLUTION expressing sincere regret in the position of the State of Georgia in the pending appeal before the United States Supreme Court in the case of Georgia v. Ashcroft, Docket No. 02-182, and to make clear that any previous legislative vote or action should not be misconstrued as a support of minority vote dilution; and for other purposes.

Referred to the Committee on Judiciary.

HR 915. By Representatives Smith of the 76th, Burkhalter of the 36th, Campbell of the 39th, Willard of the 40th, Martin of the 37th and others:
A RESOLUTION creating the House Study Committee for the Transfer of Operations of Hartsfield Atlanta International Airport; and for other purposes.

Referred to the Committee on Transportation.

MONDAY, JANUARY 12, 2004

43

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

HB 1018 HB 1019 HB 1020 HB 1021 HB 1022 HB 1023 HB 1024 HB 1025 HB 1026 HB 1028 HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035

HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HB 1041 HB 1042 HB 1043 HB 1044 HR 818 HR 819 HR 820 HR 855 HR 857 SB 387 SB 388

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 565. By Senators Stephens of the 51st, Johnson of the 1st and Balfour of the 9th:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.
SR 566. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The President announced as a Committee of Notification on the part of the Senate the following Senators:

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JOURNAL OF THE HOUSE

Reed of the 35th, Harbison of the 15th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Thomas of the 2nd and Thomas of the 54th
SR 567. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th:
A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

The following Resolution of the House was read and adopted:

HR 943. By Representatives Skipper of the 116th and Smyre of the 111th

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

Representative Howard of the 98th 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 O`Neal of the 117th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read:

HR 945. By Representatives Skipper of the 116th and Smyre of the 111th

MONDAY, JANUARY 12, 2004

45

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Friday, January 16, 2004, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

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

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

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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

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 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

46
Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

On the adoption of the Resolution, the ayes were 172, nays 0. The Resolution was adopted.

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 House was read:

HR 944. By Representatives Skipper of the 116th and Smyre of the 111th
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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of January 12, 2004, through February 16, 2004, shall be as follows:
Monday, January 12, through Friday, January 16 .....in session for legislative days 1 through 5 Saturday, January 17, through Sunday, January 25....in adjournment Monday, January 26 ...................................................in session for legislative day 6 Tuesday, January 27 ...................................................in session for legislative day 7 Wednesday, January 28 ..............................................in adjournment Thursday, January 29 .................................................in session for legislative day 8 Friday, January 30 ......................................................in session for legislative day 9 Saturday, January 31 ..................................................in adjournment

MONDAY, JANUARY 12, 2004

47

Sunday, February 1.....................................................in adjournment Monday, February 2 ...................................................in session for legislative day 10 Tuesday, February 3 ...................................................in session for legislative day 11 Wednesday, February 4 ..............................................in adjournment Thursday, February 5 .................................................in session for legislative day 12 Friday, February 6 ......................................................in session for legislative day 13 Saturday, February 7 ..................................................in adjournment Sunday, February 8.....................................................in adjournment Monday, February 9 ...................................................in session for legislative day 14 Tuesday, February 10 .................................................in session for legislative day 15 Wednesday, February 11 ............................................in adjournment Thursday, February 12 ...............................................in session for legislative day 16 Friday, February 13 ....................................................in session for legislative day 17 Saturday, February 14 ................................................in adjournment Sunday, February 15...................................................in adjournment Monday, February 16 .................................................in session for legislative day 18
BE IT FURTHER RESOLVED that on and after February 16, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

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

Y Amerson Y Anderson Y Ashe Y Bannister
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 Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd

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

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 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

48
Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler E 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 Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J
Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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

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 N Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 166, nays 2. The Resolution was adopted.

Y Teilhet Y Teper Y Thomas, A
Thomas, A.M Y Thompson 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 Lucas of the 105th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:

HR 942. By Representatives Coleman of the 118th, Richardson of the 26th, Skipper of the 116th, Keen of the 146th and Westmoreland of the 86th

A RESOLUTION
Providing for a joint session of the Senate and the House of Representatives for the purpose of an address by the President of the United States; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is authorized a joint session of the Senate and the House of Representatives, to be held in the hall of the House of Representatives at such date and time as may be fixed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

MONDAY, JANUARY 12, 2004

49

BE IT FURTHER RESOLVED that the President of the United States, the Honorable George W. Bush, is hereby invited to address such joint session.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the Senate to be named by the President Pro Tempore and seven from the House to be named by the Speaker, shall be appointed to escort the President to the hall of the House of Representatives.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y 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 E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson 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, C Y Jenkins, C.F 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
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas, A Y Thomas, A.M Y Thompson Y 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 adoption of the Resolution, the ayes were 176, nays 0.

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JOURNAL OF THE HOUSE

The Resolution was adopted.

Representative Morris of the 120th 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 read and adopted:

SR 566. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The following Resolution of the Senate was read:

SR 567. By Senators Johnson of the 1st, Stephens of the 51st and Balfour of the 9th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Sonny Perdue, is hereby invited to address a joint session of the House of Representatives and the Senate at 8:00 P.M., Wednesday, January 14, 2004, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 7:45 P.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.

MONDAY, JANUARY 12, 2004

51

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

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

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

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

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

Y 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 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

52
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

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

Y Yates Coleman, Speaker

The following Resolutions of the House were read and adopted:

HR 946. By Representative Hill of the 16th: A RESOLUTION commending JoEllen Wilson; and for other purposes.

HR 947. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION honoring and remembering the life of Mr. Paul Smith; and for other purposes.

HR 948. By Representative Hill of the 16th: A RESOLUTION commending Leesa Parker; and for other purposes.

HR 949. By Representative Hill of the 16th:
A RESOLUTION commending Reverend Dr. Jim Kilgore and Ruth Kilgore; and for other purposes.

HR 950. By Representative Hill of the 16th:
A RESOLUTION commending Honorable Clyde Johnson "C. J." Gober, Jr.; and for other purposes.

HR 951. By Representative Hill of the 16th:

MONDAY, JANUARY 12, 2004

53

A RESOLUTION expressing regret at the passing of General Raymond G. Davis; and for other purposes.

HR 952. By Representatives Rogers of the 20th, Amerson of the 9th, Mills of the 67th, Post 2 and Reece of the 21st:
A RESOLUTION honoring and remembering the indomitable life of Roy B. Payne, Jr.; and for other purposes.

HR 953. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of Mr. Ronald "Ronnie" Michael Anthony; and for other purposes.

HR 954. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of Dr. Pierce Kendal "P. K." Dixon; and for other purposes.

HR 955. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of Frances Wheeler McBrayer; and for other purposes.

HR 956. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of William T. "Billy" Ledford; and for other purposes.

HR 957. By Representatives Hill of the 16th and Williams of the 4th:
A RESOLUTION expressing regret at the passing of Honorable William G. "Bill" Hasty, Sr.; and for other purposes.

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JOURNAL OF THE HOUSE

HR 958. By Representatives Boggs of the 145th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Shaw of the 143rd:
A RESOLUTION commending John Andrew Strickland; and for other purposes.

HR 959. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION recognizing the Lanier Soccer Association's under-14 boys team, the Hotshots; and for other purposes.

HR 960. 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 Hall County YMCA Rebels under-16 girls soccer team; and for other purposes.

HR 961. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Jordan of the 83rd and Hill of the 81st:
A RESOLUTION recognizing and honoring Kathryn Holloman as Clayton County Teacher of the Year for 2004; and for other purposes.

HR 962. By Representatives Howard of the 98th, Anderson of the 100th, Murphy of the 97th, Stanley-Turner of the 43rd, Post 2, Warren of the 99th and others:
A RESOLUTION commending James Brown; and for other purposes.

HR 963. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION expressing regret at the passing of Florence Wood Winship, M. D.; and for other purposes.

HR 964. By Representative Hill of the 16th:

MONDAY, JANUARY 12, 2004

55

A RESOLUTION commending Lila Stevens; and for other purposes.

HR 965. By Representatives Rogers of the 20th, Amerson of the 9th, Reece of the 21st and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of Lucille Bolt Davenport; and for other purposes.

HR 966. By Representative Hill of the 16th:
A RESOLUTION commending Dr. Susan K. Padgett-Harrison; and for other purposes.

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

HR 967. 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 golf team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

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

Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolutions of the House: HR 944. By Representatives Skipper of the 116th and Smyre of the 111th:
A RESOLUTION relative to adjournment; and for other purposes. HR 945. By Representatives Skipper of the 116th and Smyre of the 111th:

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JOURNAL OF THE HOUSE

A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.

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

TUESDAY, JANUARY 13, 2004

57

Representative Hall, Atlanta, Georgia Tuesday, January 13, 2004

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

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

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

Cummings Day Dodson Dollar Dooley Douglas Dukes Ehrhart Elrod Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Greene-Johnson Hanner Harbin Harper Harrell Heard, J Heard, K Heath Heckstall Hembree Hill, C Hill, C.A

Hill, V Hines Houston Howard Howell E Hudson Hugley Jackson James Jamieson Jenkins, C Jenkins, C.F Jones Jordan Joyce Keen Knox Lane Lewis Lord Maddox Mangham Manning Marin Martin Maxwell McBee McCall Millar Mills Mitchell Mobley

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

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

The following members were off the floor of the House when the roll was called:
Representatives Benfield of the 56th, Post 1; Butler of the 88th, Post 1; DeLoach of the 127th; Drenner of the 57th; Epps of the 90th; Henson of the 55th; Lucas of the 105th; Lunsford of the 85th, Post 2; Massey of the 24th; McClinton of the 59th, Post 1; Rice of

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JOURNAL OF THE HOUSE

the 64th; Sailor of the 61st, Post 1; Sims of the 130th; Sinkfield of the 50th; and Smyre of the 111th.
They wish to be recorded as present.

Prayer was offered by Mr. Roger Byrd, House Messenger, Hazlehurst, 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.

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

HB 1052. By Representatives Royal of the 140th, Ray of the 108th, Scott of the 138th and Borders of the 142nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for

TUESDAY, JANUARY 13, 2004

59

an exemption with respect to ice; to provide for conditions and limitations; and for other purposes.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1052. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1056. By Representatives Bruce of the 45th, Williams of the 128th, Coleman of the 65th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2 and others:
A BILL 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 revise the requirements for obtaining a driver's license; to require any person who has never been issued a driver's license 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, so as to change certain provisions relating to definitions; to create the Georgia Board of Driver Training Oversight; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1058. By Representatives Bruce of the 45th, Williams of the 128th, Murphy of the 97th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Parental Leave Act"; to provide that an employee who is a parent

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JOURNAL OF THE HOUSE

of a child or children enrolled in a local school system shall be permitted time off from his or her employment to attend a school related event; and for other purposes.

Referred to the Committee on Education.

HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1064. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1065. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to cigar and cigarette taxes, so as to change certain definitions regarding such taxes; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1066. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions regarding procedures for sales under tax levies and executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1067. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1068. By Representatives Buckner of the 109th, Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Smith of the 110th and others:
A BILL to amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; and for other purposes.

Referred to the Committee on Transportation.

HB 1069. By Representatives Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1:

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JOURNAL OF THE HOUSE

A BILL to amend Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, so as to further describe certain actionable acts; and for other purposes.

Referred to the Committee on Judiciary.

HB 1070. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the real estate transfer tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1071. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding issuance of tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1072. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 13, 2004

63

HB 1073. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 12 of Title 48 of the Official Code of Georgia Annotated, relating to estate tax, so as to change certain definitions regarding such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1074. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1075. By Representatives O`Neal of the 117th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levi's Call: Georgia's Amber Alert Program; and for other purposes.

Referred to the Committee on Judiciary.

HB 1076. By Representative Harbin of the 80th:
A BILL to amend Chapter 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, so as to require captive insurance companies issuing workers' compensation insurance contracts to file certain matters with the Commissioner of Insurance; to provide that such companies obtain the approval of the Commissioner for certain rates, forms, fees, assessments, and surplus contributions; and for other purposes.

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Referred to the Committee on Insurance.

HB 1077. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement regarding revenue and taxation, so as to change certain provisions regarding the Department of Revenue; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1078. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel and road taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1079. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain definitions regarding such machines; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1080. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental of motor vehicles, so as to change certain definitions regarding such taxes; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1081. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes, so as to change certain provisions regarding the amount and method of computing certain taxes on insurance premiums; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1082. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain definitions regarding such taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1083. By Representatives Ray of the 108th, James of the 114th and Jenkins of the 93rd:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain disposal facilities and solid waste handling facilities; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1084. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of

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$120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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

HB 1085. By Representatives Bruce of the 45th, Williams of the 128th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2, Greene-Johnson of the 60th, Post 3 and others:
A BILL to amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedure for appointment of a guardian, so as to include licensed clinical social workers as qualified evaluators; to provide for specific elements to be included in the evaluation of a proposed ward; and for other purposes.

Referred to the Committee on Judiciary.

HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 1088. By Representatives Floyd of the 69th, Post 2 and Marin of the 66th:
A BILL to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Safety, so as to provide for uniform state-wide radio codes and signals for purposes of radio communications within and among law enforcement, firefighting, emergency medical services, and emergency management departments, agencies, and providers; and for other purposes.

Referred to the Committee on Public Safety.

HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1090. By Representatives Hill of the 81st, Sims of the 130th, Bridges of the 7th, Forster of the 3rd, Post 1, Sailor of the 61st, Post 1 and others:
A BILL to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that a county or consolidated government having a county or consolidated government police force shall hold a referendum asking the electors whether law enforcement services should be consolidated under the office of the sheriff; and for other purposes.

Referred to the Committee on Public Safety.

HB 1091. By Representatives Hill of the 81st, Randall of the 107th, Mitchell of the 61st, Post 3, Jordan of the 83rd and Dukes of the 136th:

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A BILL to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that any public employer shall accommodate the attendance of a public employee who is a member of the General Assembly at sessions of the General Assembly and committee meetings thereof; to provide that such public employer may, but is not required to, place any such public employee on administrative leave without pay for such period of absence; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 1092. By Representatives Hill of the 81st, Sailor of the 61st, Post 1, Mitchell of the 61st, Post 3, Jordan of the 83rd and Lucas of the 105th:
A BILL to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties only, so as to provide that a political subdivision may not prohibit an employee of such political subdivision from standing for election to public office as long as such activity does not interfere with the employee's effectiveness; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 1093. By Representatives Hill of the 81st, Chambers of the 53rd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1 and Walker of the 71st, Post 1:
A BILL to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that no person convicted of child molestation shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation of first offenders; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1094. By Representative Harbin of the 80th:

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A BILL to amend Code Section 33-1-9 of the Official Code of Georgia Annotated, relating to insurance fraud, so as to impose a penalty for violations; to apply the penalty provision to all violations of the Code section; and for other purposes.

Referred to the Committee on Insurance.

HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1096. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Barnard of the 121st, Post 1, Wix of the 33rd, Post 1 and Shaw of the 143rd:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to require consumer notification by regular mail or e-mail before a furnisher of information to a consumer reporting agency reports derogatory information to the consumer reporting agency; and for other purposes.

Referred to the Committee on Judiciary.

HB 1097. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Hill of the 81st and Dodson of the 84th, Post 1:
A BILL to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses under the "Criminal Code of Georgia," so as to provide for certain business licensing sanctions with respect to certain criminal convictions arising from conduct on premises licensed for commercial massage activities; and for other purposes.

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Referred to the Committee on Special Judiciary.

HB 1098. By Representative Barnes of the 84th, Post 2:
A BILL to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to the operation of school councils, so as to change the requirement for monthly meetings of school councils; and for other purposes.

Referred to the Committee on Education.

HB 1099. By Representatives Benfield of the 56th, Post 1, Oliver of the 56th, Post 2, Orrock of the 51st and Ashe of the 42nd, Post 2:
A BILL to amend Code Section 19-12-1 of the Official Code of Georgia Annotated, relating to petition to change name, notice of filing, consent and service of minor's parents or guardian, hearings, judgment, and filing fees, so as to provide for confidentiality under certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HB 1100. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to change certain provisions regarding definitions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1101. By Representative Sims of the 130th:
A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provide that vermiculture shall be considered a branch of the agricultural industry; and for other purposes.

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Referred to the Committee on Agriculture and Consumer Affairs.

HB 1102. By Representative Sims of the 130th:
A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, so as to provide that future rules and regulations on such subject shall not remove or substantially reduce the open season currently in effect for any county or portion of a county; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1103. By Representatives Royal of the 140th, Coleman of the 118th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1104. By Representative Sims of the 130th:
A BILL to provide that future elections for the office of probate judge of Coffee County shall be nonpartisan elections; and for other purposes.

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

HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used

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directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1105. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Sims District 130

Referred to the Committee on Ways & Means.

HB 1106. By Representatives Ray of the 108th, Royal of the 140th and James of the 114th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1106. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 108

Referred to the Committee on Ways & Means.

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HB 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th:
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.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1107. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Rogers District 20

Referred to the Committee on Ways & Means.

HB 1108. By Representatives Willard of the 40th, Burkhalter of the 36th, Golick of the 34th, Post 3, O`Neal of the 117th and Williams of the 4th:
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 provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; and for other purposes.

Mr. Clerk:

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1108. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Willard District 40

Referred to the Committee on Judiciary.

HB 1109. By Representatives Coleman of the 118th, Buck of the 112th, Smyre of the 111th and Skipper of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

Referred to the Committee on Appropriations.

HB 1110. By Representatives Coleman of the 118th, Buck of the 112th, Smyre of the 111th and Skipper of the 116th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

Referred to the Committee on Appropriations.

HB 1111. By Representatives Coleman of the 118th, Buck of the 112th, Smyre of the 111th and Skipper of the 116th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; and for other purposes.

Referred to the Committee on Appropriations.

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HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:
A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.

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

HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 940. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Douglas District 73

Referred to the Committee on Transportation.

HR 941. By Representatives Burkhalter of the 36th, O`Neal of the 117th and Golick of the 34th, Post 3:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian

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organizations to receive public aid, directly or indirectly, for the provision of such services; and for other purposes.

1/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 941. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Burkhalter District 36

Referred to the Committee on Judiciary.

HR 968. By Representatives Buckner of the 109th and Harbin of the 80th:
A RESOLUTION urging Georgia schools to provide 30 minutes per day of structured moderate to vigorous physical activity for children in Grades K-8; and for other purposes.

Referred to the Committee on Education.

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

HB 1045 HB 1046 HB 1047

HB 1048 HR 914 HR 915

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 648 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 739 HB 878 HB 914 HB 917

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

HB 923 Do Pass HB 976 Do Pass HB 987 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on Motor Vehicles:

HR 225. By Representatives Borders of the 142nd, O`Neal of the 117th, McBee of the 74th, Jenkins of the 93rd and Stephens of the 123rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of an intellectually disabled health and fitness support program fund and provide funds for the fund from the voluntary purchase of special license plates and other sources; and for other purposes.

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

HB 683. By Representatives Snow of the 1st and Campbell of the 39th:
A BILL to amend Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to extensively revise certain provisions relating to traffic violations bureaus; to provide for establishment and jurisdiction of traffic violations bureaus; to provide for prosecution of certain misdemeanor traffic offenses; and for other purposes.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

Representative Stephens of the 123rd arose to a point of personal privilege and addressed the House.

Representative McBee of the 74th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 969. By Representatives Jenkins of the 8th, Coleman of the 118th, Wix of the 33rd, Post 1, Porter of the 119th, Smyre of the 111th and others:
A RESOLUTION expressing regret at the passing of the Honorable Ralph Twiggs; and for other purposes.

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

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Representative Hall, Atlanta, Georgia Wednesday, January 14, 2004

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

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

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

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

Hill, C.A Hill, V Hines Houston Howard E Hudson Hugley Jackson James Jamieson Jenkins, C Jenkins, C.F Jordan Keen Knox Lane Lewis Lord Lunsford Mangham Marin Martin Massey Maxwell McBee Millar Mills Mitchell Mobley Moraitakis

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

Sheldon Sholar Skipper Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas Morgan Thomas, A.M Thompson Walker, L Walker, R.L Warren Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Beasley-Teague of the 48th, Post 2; Buckner of the 82nd; Coan of the 67th, Post 1; Dukes of the 136th; Floyd of the 69th, Post 2; Forster of the 3rd, Post 1; Hanner of the 133rd; Henson of the 55th; Howell of the 92nd; Hudson of the 95th; Lucas of the 105th; Maddox of the 59th, Post 2; Manning of the 32nd; McCall of the 78th;

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McClinton of the 59th, Post 1; Rynders of the 137th; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Watson of the 60th, Post 2; Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Dr. Todd Gaddis, First Baptist Church, Lafayette, 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.

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

HB 1060. By Representative Stephens of the 123rd:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for limits on rates and fees charged by counties, municipalities, and local authorities for water utility services provided to customers located outside their jurisdictions; to change

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certain provisions relating to county contracts for utility services and terms and conditions thereof; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1113. By Representatives Mitchell of the 61st, Post 3, Jenkins of the 93rd, Bordeaux of the 125th and Porter of the 119th:
A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; and for other purposes.

Referred to the Committee on Public Safety.

HB 1114. By Representatives Dollar of the 31st and Parham of the 94th:
A BILL to amend Code Section 40-5-33 of the Official Code of Georgia Annotated, relating to change of address or name on driver's license, so as to provide that a student in this state may possess a driver's license showing the address of his or her parent or guardian; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1115. By Representative Stephens of the 123rd:
A BILL to create the Garden City Area 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 Garden City; and for other purposes.

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

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HB 1116. By Representatives Franklin of the 17th, Hines of the 35th, Amerson of the 9th, Coan of the 67th, Post 1, Douglas of the 73rd and others:
A BILL to amend Code Section 20-3-519.1 of the Official Code of Georgia Annotated, relating to ineligibility for a HOPE scholarship or grant, so as to provide a short title; to provide that any person who has been convicted of any felony or misdemeanor shall forever be ineligible for a scholarship or grant; and for other purposes.

Referred to the Committee on Higher Education.

HB 1117. By Representatives Epps of the 90th, Jordan of the 83rd, Moraitakis of the 42nd, Post 4, Graves of the 106th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation, so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 1118. By Representative McBee of the 74th:
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.

Referred to the Committee on Higher Education.

HB 1119. By Representatives Franklin of the 17th, Hines of the 35th, Douglas of the 73rd, Amerson of the 9th, White of the 3rd, Post 2 and others:

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A BILL to amend Article 4 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the official state language, so as to provide that state agencies, counties, municipal corporations, and political subdivisions of this state shall be prohibited from using or printing official documents and forms or from transacting business in languages other than English; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1120. By Representative Parrish of the 102nd:
A BILL to amend an Act relating to the board of commissioners of Johnson County, so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; and for other purposes.

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

HB 1121. By Representative Parrish of the 102nd:
A BILL to provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; and for other purposes.

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

HB 1122. By Representatives Parsons of the 29th, Ashe of the 42nd, Post 2, Stoner of the 34th, Post 1, Coleman of the 65th, Wix of the 33rd, Post 1 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 staggered terms for school council members; and for other purposes.

Referred to the Committee on Education.

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HB 1123. By Representatives Williams of the 128th, Smith of the 129th, Post 2, Stephens of the 124th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish the initial contract of employment of a local school superintendent and any amendments to the contract; and for other purposes.

Referred to the Committee on Education.

HB 1124. By Representatives Hines of the 35th and Casas of the 68th:
A BILL to amend Subpart 1A of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to improved student learning environment and discipline, so as to prohibit the sale of soft drinks to students and consumption of soft drinks by students in school buildings and on school grounds before and during school hours; and for other purposes.

Referred to the Committee on Economic Development and Tourism.

HB 1125. By Representatives Hugley of the 113th, Hill of the 81st, Jordan of the 83rd, Dix of the 70th, Post 2, Buckner of the 109th 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 make certain changes relating to local school board policies regarding bullying in student codes of conduct; and for other purposes.

Referred to the Committee on Education.

HB 1126. By Representatives Royal of the 140th, Sholar of the 141st, Post 1, Houston of the 139th, Scott of the 138th, Black of the 144th and others:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial

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circuit, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Georgia; and for other purposes.

Referred to the Committee on Judiciary.

HB 1127. By Representatives DeLoach of the 127th, Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd and Oliver of the 121st, Post 2:
A BILL to provide a new charter for the City of Brooklet; and for other purposes.

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

HB 1128. By Representatives Mitchell of the 61st, Post 3 and Mangham of the 62nd:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia in any capacity for more than 1,040 hours in any consecutive 12 month period; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1129. By Representatives Mitchell of the 61st, Post 3 and Mangham of the 62nd:
A BILL to amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to provide for the Community Service Board Overview Commission; and for other purposes.

Referred to the Committee on Health and Human Services.

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HB 1130. By Representatives Walker of the 71st, Post 1 and Oliver of the 56th, Post 2:
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 provide minimum requirements relative to drug and alcohol screenings required as a condition of probation; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1131. By Representatives Reece of the 11th, Snow of the 1st, Jenkins of the 93rd, Hill of the 147th and McClinton of the 59th, Post 1:
A BILL to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances and marijuana, so as to provide for the offense of endangering a child through the unlawful manufacture of methamphetamine, amphetamine, or a mixture containing either substance; to provide for a penalty and consecutive sentences in certain circumstances; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1132. By Representatives Rogers of the 15th, White of the 3rd, Post 2, Burmeister of the 96th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A BILL to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Starvation and Dehydration of Persons with Disabilities Prevention Act"; and for other purposes.

Referred to the Committee on Judiciary.

HB 1133. By Representative Lord of the 103rd:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that all insurers issuing property or casualty insurance in this state shall, at the option of the insured, after agreeing to accept a risk, finance the premiums associated with

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such risk or shall permit an outside company selected by the insured to finance such premiums; and for other purposes.

Referred to the Committee on Insurance.

HB 1134. By Representative Lord of the 103rd:
A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that every insurer authorized to issue property and casualty insurance in this state shall have at least 10 percent of its agents in this state located in communities with populations of 9,000 persons or less according to the 2000 United States decennial census or any subsequent such census; and for other purposes.

Referred to the Committee on Insurance.

HB 1135. By Representative Bordeaux of the 125th:
A BILL to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 1052 HB 1056 HB 1058 HB 1063 HB 1064 HB 1065 HB 1066 HB 1067

HB 1088 HB 1089 HB 1090 HB 1091 HB 1092 HB 1093 HB 1094 HB 1095

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HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078 HB 1079 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084 HB 1085 HB 1086 HB 1087

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HB 1096 HB 1097 HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HR 940 HR 941 HR 968

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1052. By Representatives Royal of the 140th, Ray of the 108th, Scott of the 138th and Borders of the 142nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; to provide for conditions and limitations; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Sims of the 130th moved that the following Bill of the House be engrossed:

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HB 1105. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Boggs of the 145th and Roberts of the 131st:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of wax or dies used directly in the manufacture of parts for military aircraft, watercraft, or vehicles; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Ray of the 108th moved that the following Bill of the House be engrossed:

HB 1106. By Representatives Ray of the 108th, Royal of the 140th and James of the 114th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Rogers of the 20th moved that the following Bill of the House be engrossed:

HB 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th:
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.

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The motion prevailed.

Pursuant to Rule 52, Representative Willard of the 40th moved that the following Bill of the House be engrossed:

HB 1108. By Representatives Willard of the 40th, Burkhalter of the 36th, Golick of the 34th, Post 3, O`Neal of the 117th, Williams of the 4th and others:

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 provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; 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 Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders N 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 E Campbell

Day Y Dean Y Deloach Y Dix Y Dodson E Dollar Y Dooley N Douglas E 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 Y Hanner
Harbin

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

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
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
Richardson Y Roberts, J

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

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

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

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

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

On the motion the ayes were 117, nays 39. The motion prevailed.

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

Pursuant to Rule 52, Representative Douglas of the 73rd moved that the following Resolution of the House be engrossed:

HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Burkhalter of the 36th moved that the following Resolution of the House be engrossed:

HR 941. By Representatives Burkhalter of the 36th, O`Neal of the 117th and Golick of the 34th, Post 3:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; and for other purposes.

The motion prevailed.

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Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 363 Do Pass, by Substitute HB 395 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 942. By Representatives Coleman of the 118th, Richardson of the 26th, Skipper of the 116th, Keen of the 146th and Westmoreland of the 86th:
A RESOLUTION providing for a joint session of the Senate and the House of Representatives for the purpose of an address by the President of the United States; and for other purposes.

Representative Smith of the 129th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

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Representative Heckstall of the 48th, Post 3 arose to a point of personal privilege and addressed the House.

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

The following Resolutions of the House were read and adopted:

HR 970. By Representatives Mills of the 67th, Post 2 and Coan of the 67th, Post 1: A RESOLUTION commending Darius Walker; and for other purposes.

HR 971. By Representatives Stephens of the 124th, Post 2, Williams of the 128th, Murphy of the 97th, Thomas of the 43rd, Post 1, Bruce of the 45th and others:
A RESOLUTION commending Clear Channel's 1230 WSOK, Savannah's gospel radio station; and for other purposes.

HR 972. By Representatives Stephens of the 124th, Post 2, Williams of the 128th, Murphy of the 97th, Thomas of the 43rd, Post 1, Bruce of the 45th and others:
A RESOLUTION commending Clear Channel's WLVH, Savannah's LOVE 101.1 FM; and for other purposes.

HR 973. By Representatives Stephens of the 124th, Post 2, Williams of the 128th, Fludd of the 48th, Post 4, Greene-Johnson of the 60th, Post 3, Thomas of the 43rd, Post 1 and others:
A RESOLUTION honoring Tom Joyner and commending and recognizing the generous works of the Tom Joyner Foundation; and for other purposes.

HR 974. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Boggs of the 145th and Greene of the 134th:

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A RESOLUTION recognizing and commending the Georgia Department of Corrections; and for other purposes.

HR 975. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2 and Boggs of the 145th:
A RESOLUTION honoring and congratulating Terri DeLoach; and for other purposes.

HR 976. By Representative Burmeister of the 96th:
A RESOLUTION commending the Richmond Academy Musketeers golf team; and for other purposes.

HR 977. By Representative Drenner of the 57th:
A RESOLUTION commending the Concerned Citizens of Scottdale, Inc.; and for other purposes.

HR 978. By Representative Burmeister of the 96th: A RESOLUTION commending Nina Radford; and for other purposes.

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

HR 981. By Representatives Bruce of the 45th, Mosby of the 59th, Post 3, StanleyTurner of the 43rd, Post 2, Brooks of the 47th, Heckstall of the 48th, Post 3 and others:
A RESOLUTION recognizing Spelman College, proclaiming Spelman College Day in the State of Georgia, and inviting Dr. Beverly Daniel Tatum to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

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HR 984. By Representatives Marin of the 66th, Casas of the 68th and Coleman of the 118th:
A RESOLUTION recognizing Georgia Hispanic Chamber of Commerce Day at the Capitol on January 15, 2004; 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 472 Do Pass, by Substitute HB 986 Do Pass, by Substitute HB 1086 Do Pass

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1076 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

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The Speaker announced the House in recess until 7:45 o'clock this evening.

EVENING SESSION

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to SR 567 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

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

Mr. President, Mr. Speaker, members of the General Assembly, and my fellow Georgians.
I come before you tonight to report on the state of our great state. And before I give you that report, I want you to know, I've done my field research for this assignment.
Last week I visited communities in every part of Georgia. From Rome to Savannah. Waycross to Watkinsville. Columbus to Crandall.
As I have done many times in the months since I last addressed you, I met with Georgians from all walks of life, including the courageous men and women in the U.S. military.
In all, I saw and spoke with thousands of Georgians. And you know what I found? If you ask Georgians what they want, they'll tell you.
Our nearly 9 million Georgians differ in our personal goals and dreams. But I've heard some common themes from those I've met over the past year.
Common themes that unite us, despite our differences.

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Across all lines of race, religion, and economic status ... Georgians believe that our children are the most precious resource we have.
Young and old, urban and rural ... Georgians are united in our desire to protect our children. They are also united in wanting good jobs, a growing economy, and lasting prosperity.
And whether they are Democrat, Republican, independent or other ...
Georgians want an open and honest state government that is responsive to their needs and responsible with their money.
And they want a state government that lives within its means, just as they must do. From my travels, I know this is the people's agenda for Georgia. We here must make it our agenda for Georgia.
I guarantee you it is my agenda for Georgia. I'm going to share with you tonight how I plan to carry out the people's wishes, with your help.
But getting back to my report ...
The strength of Georgia, we all know, is in its people.
We've had some tough times recently. And many of us are still enduring tough times.
But from my travels, Georgians remain as confident ... as energetic ... as resourceful ... and as optimistic as I've ever seen.
We have big challenges before us ... but I have no doubt that, together, we Georgians are more than a match for the challenges we face.
So I am proud to report to you all tonight that our foundation is solid and the state of our state is strong ... and getting stronger!
With that said, I have another important duty tonight. I am here to fulfill my obligation as Governor to recommend to the General Assembly a state budget for next year.
This evening, I'm submitting a budget that is responsible, balanced and principled.
It does not contain nor will I allow any new taxes.
In years past, the state budget would be a hefty document.

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This year, to save time and trees, I will present each of you with one of these -- a CDRom containing every detail of my proposed budget.
The state budget is obviously more complex than the typical family budget.
But at its heart there is no difference between balancing the state budget and balancing the family checkbook.
What I hold in my hand is Georgia's family budget, a budget based on priorities.
Now, the first thing families do when they balance their checkbook is figure out how much money they have.
That's what we've done. I have based next year's revenue estimate of $15.3 billion on a conservative projection of 4.72% growth in revenue. I believe this is a prudent and a responsible target.
You don't drive full speed toward a cliff hoping that someone will build a bridge before you get there.
I will not put Georgia in the business of recklessly spending money we don't have and may not get.
Here is the reality. When the auditors closed the books last year, our revenues were still below the level of when we closed them in 2000.
That's why I directed every state department to reduce their budget requests by 5% for the coming year, so we can live within our means.
Five percent may not sound like much, but in the Georgia family it adds up to $800 million.
Balancing our budget is even more challenging when you realize that as our resources have shrunk over the last few years, our needs as a state have grown.
As I already mentioned, Georgia is fast approaching a population of 9 million people, the 9th largest state in the nation.
In fact, we're gaining about 150,000 Georgians each year -- that's like adding a new Macon or a new Augusta or a new Savannah each year.
I don't know about you, but I'm proud that so many people want to come to our state. But it does put a strain on our resources.

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Our growing population means more students filling our K-12 classrooms, technical colleges and university campuses.
It means increased demands on PeachCare and Medicaid. It means growth in the demand for driver's licenses, prison bed space, road maintenance and all other state services.
Friends, our family has gotten bigger, but our take home pay has stayed the same! Less revenue plus more demand for state services equals just what I said before -- hard choices.
There is a name for the kind of people who make hard choices. They are called "leaders."
And this year, on this budget, that is what each of us must be -- leaders who can make those hard choices. And the people are watching to see what we'll do.
Let's work together and make the right decisions to secure Georgia's future. Let's align our spending with our priorities and our priorities with our principles.
That is what I have tried to do in preparing this budget. This past summer, I directed every state agency to identify its core mission ... identify its customers ... put a price tag on every program it administers ... and rank those programs in priority order.
Prioritizing our programs will help us decide our budget the same way responsible families do. It's amazing to me that this had never been done before in the history of our state.
By identifying our priorities up front, we're able to focus spending on what we must have now, deferring what we can do without until better times.
This next point is directed at all the Georgia families struggling tonight to pay the bills and make ends meet.
I know you're doing all you can to put food on the table, clothes on your children's backs, and a roof over their heads.
I will not allow anyone to make your struggle harder by reaching deeper into your pocket with a tax increase.
If you have to live within your means, state government will too. We will not raise taxes to balance this budget.
Friends, please don't doubt my resolve on this. Let's play nice together.

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Now let me discuss those priorities I mentioned, starting with taking care of our children. As you know, Mary and I believe we have a moral obligation to protect and nurture Georgia's children.
As a husband, I've had an opportunity to see Mary care for our children and grandchildren. But I want to tell you how very proud I am of her and the way she has fulfilled the role of First Lady to improve the quality of life for all of Georgia's children. None of this was in the job description when I asked her to marry me ... but she has used her visibility as First Lady to bring the public's attention to the needs of children.
Children are a priority in this Administration ... and children are THE priority in this budget.
We have brought new leadership, new procedures and new technology to the Division of Family and Children Services.
I am very pleased with Dr. Janet Oliva's resolve in reorganizing and revitalizing this critical agency as its Director.
My budget sends 65 new caseworkers to local country offices, where they are needed the most, by cutting a layer of bureaucracy.
This reorganization will improve morale, begin to address our turnover rate, and address case loads at the same time.
My budget also includes almost $24 million to place children in appropriate "Levels of Care" based on their individual needs.
We are also preserving PeachCare, Georgia's health insurance program for children.
Health care costs are outstripping available resources in every state, including ours. To save this critical program for children who rely on it, we have made PeachCare more like the health care coverage most families rely on.
As we're all too aware, Georgia remains the only state without a child abuse felony law that has real teeth.
Ladies and gentlemen, we're going to change that this year, aren't we?
And we will protect children from kidnappers by improving Levi's Call, our system that alerts the public to be on the lookout for abducted children.

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Just last week Levi's Call helped save three precious little girls in Gordon County from their abductor. We are all thankful for that.
My bill will also make it a crime to endanger a child by manufacturing destructive drugs in the presence of a child.
Why is this so important?
Let me tell you about a little boy named Shelton Hicks. Shelton was only 11 months old when his parents were operating a meth lab in their home in Catoosa County.
An explosion left little Shelton with burns over 30 percent of his body. His injuries left him blind in both eyes. He suffered extensive damage to his right lung and to his limbs. Four months later, after a long and painful struggle for life, Shelton died.
His story isn't an isolated incident. Many children have been injured, maimed or killed due to meth lab fires, fumes and explosions.
They are the youngest victims of this drug scourge. They need our help. They need our protection. They need this law.
Enacting child protection has enjoyed unprecedented bipartisan support and I look forward to working with all of you to get this done for ALL children this year!
I have another priority for children that deserves your bipartisan support -- the Faith and Family Services Amendment.
Faith based organizations provide critical services to children, seniors, battered women, the disabled, the homeless and other at-risk groups.
But our Georgia Constitution is out of step with the U.S Constitution in this area. It discriminates against faith-based providers.
The First Amendment of the U.S. Constitution should be the standard for providing care in Georgia, not an outdated provision rooted in a dark period of religious bigotry.
The simple 12-word Faith and Family Services Amendment brings our Constitution in line with the US Constitution. It will ensure that our citizens can have access to the best providers of social services.
I'm asking you to pass the Faith and Family Services Amendment and put it on the ballot this November so the people can decide if faith-based services will continue to be there for children and others who need our help.

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As we care for Georgia's children, we must also secure their future by ensuring that they are well educated. We must ensure that "Georgia Learns."
In fact, GeorgiaLearns.com is the name of my education package. GeorgiaLearns.com will inspire and empower students, parents, teachers and all educators to meet higher standards of accountability and achievement.
Oh, you're wondering why It's "GeorgiaLearns.com." That's to constantly remind students and teachers and parents of the information and tools available at that website. It went live this morning - check it out. It's good and getting better.
We want to get our children on the fast track for learning at an early age. We want our kids to get a bright start.
So we'll refocus the current Office of School Readiness as "Bright from the Start, Georgia's Office of Early Care and Education."
The Bright from the Start office will ensure that every child enters kindergarten ready for school success. It will improve coordination among Georgia's several early childhood programs, including the pre-K program and Smart Start.
By eliminating duplication and bureaucracy, we'll ensure that more money goes directly to benefit children's early learning.
And by infusing early childcare centers with a greater culture of education we will get all of Georgia's children off to a bright start.
Along with active, engaged parents, one of the best things we can do for education is to attract and keep the best teachers in our classrooms.
To help do that, my budget includes a 2% pay raise for teachers. And for veteran teachers there will be an additional increase. In total, my plan will give a 5% pay increase to nearly 75% of teachers statewide.
I don't know if you've been in a classroom lately, but I think they deserve it!
But I want to give teachers more than just a bigger paycheck. I want to restore the respect that teachers deserve and need to create the best learning environment.
GeorgiaLearns.com will make it clear to disruptive students once and for all that teachers are in charge of the classroom.

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Disruptive students will get the message that they must respect their teachers and their fellow students.
To help get that message across, we'll use one of the things they value the most -- their driver's license. Students need to know they can lose their driving privileges if they disrupt the learning process.
GeorgiaLearns.com promotes accountability by giving local schools and systems the flexibility they need to reach the high standards we expect. And as individual schools show improvement they will be granted even greater flexibility to continue their success. The purpose of setting high standards of accountability is to inspire and empower, not to play "gotcha." So my plan replaces demoralizing letter grades with numerical scores for schools so that continuous improvement can be measured.
And because our poorer school districts face real challenges in educating their students, my budget will help them by providing $62 million in added relief to the poorest of our state's school districts.
Now! Let's talk about the HOPE scholarship. There has been a lot of hand-wringing about HOPE.
So let me make one thing clear, and I want you to hear me-
If you don't hear anything else I say tonight, hear this-
The HOPE scholarship isn't going anywhere. It will be there for your kids and your grandkids and beyond.
The bipartisan HOPE Study Commission brought forth some good recommendations to secure HOPE for the future. I applaud and support their work.
The HOPE scholarship is and always has been about rewarding academic scholarship.
That is why the "O" and the "P" in HOPE stand for "outstanding pupils."
With that in mind, I have another idea that won't deny HOPE to one single B student, but will raise SAT scores. We should include an SAT component to HOPE eligibility.
Georgia must improve our SAT scores. I am not satisfied with 50th place and I am determined to get Georgia's SAT scores out of the basement, whatever it takes.
I believe that linking the SAT to HOPE will motivate students to take the test seriously and will lead to better preparation for college and higher SAT scores.

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We will give an incentive to students who achieve on the SAT by extending their HOPE eligibility as a reward.
GeorgiaLearns.com will inspire and empower greater student achievement and raise education standards across Georgia.
But there is something else we want to create across Georgia -- Jobs!
We're all encouraged by growing signs that an economic recovery is getting started. In fact, last year, Georgia was second in the nation in job creation.
But I know it doesn't feel that way in every part of the state.
Metro Atlanta gained more jobs last year than any other U.S. city. But I will not be satisfied until all of Georgia experiences job recovery and growth.
I want to get Georgians back to work. Georgia Works is my economic development program to invest in Georgia, create jobs and build a strong 21st century economy for our state.
We will accomplish these goals by helping our existing industries grow, by encouraging entrepreneurship, and by investing in the jobs of the future.
Our state may not have a lot of cash right now. But we do have an excellent credit rating. And interest rates are low.
So, just as many families are refinancing their homes so they can invest those savings elsewhere, now is an excellent time for us to invest in Georgia.
My budget includes a $1 billion dollar investment in the future of our state in the form of a bond package for transportation and other economic development investments.
We will support our existing industries, such as shipping, with $28 million for improvements to the Garden City port terminal in Savannah. And $14 million for deepening the Brunswick Harbor.
We will invest in our workforce with $176 million for school construction and improvements and $47 million for expansion, improvements and equipment for our technical colleges statewide.
And we will look over the horizon to make critical investments in the growth industries of the future that will create the jobs of the future.

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Computers and information technology reshaped the 20th century economy. In the 21st century, the most dramatic changes will be in the life sciences and nanotechnology. And I want Georgia to be in the driver's seat.
That means building the laboratories that will attract top researchers. Their breakthroughs will lead to new products, new companies, and high-paying new jobs.
The Georgia Works bond package includes $10 million for a state-of-the-art biological research building at the University of Georgia.
It provides $5 million for the Medical College of Georgia Research Initiative that will launch new medical research projects and attract more federal research dollars.
And we're putting $2 million toward a $45 million state commitment to construct a world class Nanotechnology Research Center at Georgia Tech.
Nanotechnology - the engineering and building of products at the atomic level - is projected to be a $1 trillion industry within twelve years. I want Georgia to be a world leader in creating this new industry.
But I also want to develop the untapped opportunities in a more down home Georgia industry - tourism.
With all of our natural, historic and recreational resources, we have great potential to attract many more visitors to our state, which will create new jobs in Georgia.
Now, for those of you who may be, even at this hour, stuck in your cars, forced to listen to me on your radios ...
I want you to know that part of Georgia Works is helping Georgians get to work ... and back home to your families ... by relieving traffic congestion.
I have asked our key transportation agencies to come together around a common table and form a common strategy to fight congestion.
I expect to announce in the coming weeks the details of a multi-year funding and construction strategy that actually relieves congestion and that promotes economic development across Georgia.
Georgia doesn't have time to be stuck in traffic anymore. It's time to get congestion relief going ... so we can get Georgia going!

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There is one more economic issue I want to touch on, though it is more than that. Georgia has always been a patriotic state and we're always willing to do more than our share for the national defense.
Georgia's 13 military installations contribute more than $25 billion and hundreds of thousands of jobs to our state's economy.
With a new round of base closure and realignment scheduled for 2005, we know our bases will be under the microscope.
Our base communities and our state are doing all we can to demonstrate our support for our troops and for the vital missions they perform.
We're doing all we can to let the best military fighting force in the world know they have a home here in Georgia.
Georgians know the price that freedom demands. We know the sacrifice our troops and their families make. They are all important members of our Georgia family.
Tonight, we're honored to have with us in the gallery one of those family members, a young soldier who has completed two deployments with the 3d Infantry Division based at Fort Stewart.
He served in one of the first units into Iraq in support of Operation Iraqi Freedom, where he was decorated for valor.
Please join me in thanking Sergeant Raul Belloc and all of our troops who are defending our freedom here and overseas.
Our freedom is what makes America great. It is the cornerstone of our entire way of life. And because we are a free people, we have the right to demand and expect an open, honest government that puts the people's interests first.
That's what ethics reform is all about. Honesty in government and putting the people first. Ladies and gentlemen, we're all for it and I think we all sense from our constituents and among ourselves that the time has come to enact strong ethics reform in Georgia.
Members of the General Assembly ... my friends ... I've listened to the people. I asked, and they told me what they want. They've told me they'll be watching. And they've told me they'll be holding us accountable for our results.
We've got our assignments--

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Passing a responsible, balanced budget that meets the real human needs of Georgians and does not raise taxes.
Caring for children. Strengthening education. Demanding honesty in government.
Leading a statewide economic recovery and creating good jobs for our citizens. Jobs with a future.
Those are big assignments for a state that is growing bigger every day ... and assuming an ever larger role in the world.
There is a little spot of land in our state, just across the brackish water beside a narrow causeway, where the sun gleams low over lilies and marsh grass.
Shaded by live oaks draped with Spanish moss, this jewel of our golden coastline is Sea Island.
And there, just a few months from now, the leaders of the most powerful nations on earth will convene for the G8 Summit.
They'll experience our lively culture, our great food and our unbeatable Georgia hospitality.
And they will learn what we have always known. They'll learn that Georgians are enterprising, friendly, people who are blessed to live in a wonderful corner of God's earth.
Ladies and gentlemen, we are doubly blessed. We are blessed to be Georgians...
And we are blessed that Georgians have trusted us to make the decisions that will determine the future our children will inherit.
I believe we will make the right decisions. And I believe we will secure Georgia's future.
Because there is one more thing I believe-
I believe Georgia's best days are still ahead.
God bless you all -- and God bless the great state of Georgia!

Senator Stephens of the 51st moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

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The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.
The Speaker called the House to order.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, January 15, 2004

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. David C. Laughner, Pastor, Chapel by the Sea Baptist Church, Tybee Island, Georgia.

The members pledged allegiance to the flag.

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

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

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

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

HB 35.

By Representative Noel of the 44th:
A BILL to amend Code Section 8-2-21 of the Official Code of Georgia Annotated, relating to adoption and continuation of state minimum standard codes and enforcement thereof, so as to change certain provisions relating to enforcement of code appendices; to provide for enforcement of a gray water recycling systems appendix to the state minimum standard plumbing code; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1054. By Representatives Casas of the 68th, Coleman of the 65th, Hines of the 35th, Noel of the 44th and Rice of the 64th:
A BILL to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to the operation of school councils, so as to provide for a minimum of seven councilmembers at each school; to provide that councilmembers shall include the school principal and one or more parents, teachers, and businesspersons; and for other purposes.

Referred to the Committee on Education.

HB 1055. By Representatives Childers of the 13th, Post 1, Porter of the 119th, Reece of the 11th, Stephens of the 124th, Post 2, Stephens of the 123rd and others:
A BILL to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize

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the Public Service Commission to contract for the administration and operation of such system; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1136. By Representatives Lunsford of the 85th, Post 2, Royal of the 140th, Westmoreland of the 86th, Graves of the 10th, Yates of the 85th, Post 1 and others:
A BILL to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to enact the "Georgia Transportation Infrastructure Bank Act"; to create the Georgia Transportation Infrastructure Bank as an instrumentality of the state within the State Road and Tollway Authority; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; and for other purposes.

Referred to the Committee on Retirement.

HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1:
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 on a state highway, county road, or municipal street or on private

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property while a child is restrained in a child passenger restraining system; and for other purposes.

Referred to the Committee on Transportation.

HB 1139. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to provide that each person or company which services, maintains, operates, or leases as lessor any burglar alarm system, fire alarm system, or other electronic security system pay to the county or municipal corporation in which such system is installed a fee of $l.00 per month for each such system; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1140. By Representatives Dodson of the 84th, Post 1, Harbin of the 80th, Barnes of the 84th, Post 2 and Rogers of the 20th:
A BILL to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferrals, so as to exempt from taxation up to $75,000.00 of the assessed value of any recreational boat whether owned or held in inventory by an individual, partnership, or corporation; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1141. By Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th and others:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious sedation; to provide for an additional means to receive a license to practice dentistry; and for other purposes.

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Referred to the Committee on Health and Human Services.

HB 1142. By Representatives Walker of the 115th, Royal of the 140th, Greene of the 134th, Purcell of the 122nd, Morris of the 120th and others:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the burden of proof in hearings challenging a candidate's qualifications based upon residency; to provide for an award of costs and attorneys' fees for frivolous or harassing candidate qualification challenges; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1143. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

HB 1144. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

HB 1145. By Representatives Reece of the 11th, Parham of the 94th, Snow of the 1st and Childers of the 13th, Post 1:
A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to the removal of improperly parked cars or trespassing personal property, procedure, prohibition of automatic surveillance, and a

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penalty, so as to provide that the governing authority of any county or consolidated government having towing and storage firms operating within its territorial boundaries may issue a license or permit to engage in private trespass towing; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1146. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

HB 1147. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1148. By Representatives Reece of the 11th, Snow of the 1st, Childers of the 13th, Post 1 and Hill of the 147th:
A BILL to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the "Georgia Death Investigation Act," so as to provide authority for the Governor to order an autopsy for certain deceased persons; and for other purposes.

Referred to the Committee on Special Judiciary.

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HB 1149. By Representatives Buckner of the 82nd, Snow of the 1st, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Manning of the 32nd and others:
A BILL to amend Part 1 of Article 2 of Chapter 5 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone service, so as to require telecommunications companies to inform customers of the procedures for disputing charges billed by such companies; to provide that violation shall constitute an unfair trade practice; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1150. By Representatives Smith of the 13th, Post 2, Parham of the 94th, Greene of the 134th, Snow of the 1st, Smith of the 110th and others:
A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to provide that the governing authority of a county may license towing and storage firms in the unincorporated areas of a county; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1151. By Representatives Stephens of the 124th, Post 2, Watson of the 60th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change time requirements relating to provisional contracts in order to receive the results of background checks for teachers, principals, and other certificated professional personnel; and for other purposes.

Referred to the Committee on Education.

HB 1152. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Purcell of the 122nd and Stephens of the 123rd:

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A BILL to amend Code Section 48-2-35 of the Official Code of Georgia Annotated, relating to tax refunds, so as to increase the period of time during which certain income tax refunds may be claimed; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1153. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th, Harbin of the 80th, Buckner of the 109th and others:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general organization of the executive branch of state government, so as to change provisions relating to requirements for certain privatization contracts; to provide for the invalidity of contracts entered into without compliance; and for other purposes.

Referred to the Committee on Judiciary.

HB 1154. By Representatives Powell of the 23rd, DeLoach of the 127th, O`Neal of the 117th, Parham of the 94th, Reece of the 21st and others:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to create the Department of Probation/Parole Community Based Supervision; to provide for the responsibilities of the department with respect to supervision of probationers and parolees; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure; to amend Title 19, 40, 45 of the Official Code of Georgia Annotated, relating to domestic relations, motor vehicles and traffic, and public officers and employees; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1155. By Representatives Powell of the 23rd, Cummings of the 19th, Parham of the 94th, Hembree of the 46th, Reece of the 21st and others:

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A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for certain penalties for drivers who commit right of way violations resulting in collisions with motorcyclists, pedestrians, or bicyclists; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
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; and for other purposes.

Referred to the Committee on Public Safety.

HB 1157. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Vehicle Franchise Practices Act," so as to make consistent with other provisions of the Act which provide that the Department of Motor Vehicle Safety shall enforce the Act; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1158. By Representatives Powell of the 23rd, Purcell of the 122nd and Reece of the 21st:
A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes.

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Referred to the Committee on Motor Vehicles.

HB 1159. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL 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 and retention of license by the department, so as to change certain provisions relating to conviction notification requirements; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1160. By Representatives Powell of the 23rd, Greene of the 134th, Parham of the 94th, O`Neal of the 117th, Teper of the 42nd, Post 1 and others:
A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to create a new offense for tampering or interfering with electronic monitoring devices; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes.

Referred to the Committee on State Institutions & Property.

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HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1163. By Representatives Powell of the 23rd, Parham of the 94th, DeLoach of the 127th, O`Neal of the 117th, Reece of the 21st and others:
A BILL to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to create the division of probation/parole community based supervision; to provide for the responsibilities of the division with respect to supervision of probationers and parolees; to transfer responsibility of certain functions of probation and parole supervision to the division; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure; to amend Titles 19, 40, and 45 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1164. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd, Jenkins of the 93rd and Yates of the 85th, Post 1:
A BILL to create a board of elections and registration for Butts County and provide for its powers and duties; and for other purposes.

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

HB 1165. By Representatives Amerson of the 9th, Cooper of the 30th, Parsons of the 29th, Reece of the 21st and Bridges of the 7th:

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A BILL to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act," so as to provide for certain items to be made available to a consumer in connection with rebates; to provide for a time period in which a rebate must be forwarded; and for other purposes.

Referred to the Committee on Judiciary.

HB 1166. By Representatives Forster of the 3rd, Post 1, Hill of the 81st, GreeneJohnson of the 60th, Post 3, Mangham of the 62nd, Sims of the 130th and others:
A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to procedure for bail for offenses, so as to provide that a person arrested for driving under the influence of alcohol or drugs shall not be released from custody on bail or recognizance until such time as the arresting agency or court of inquiry is satisfied that the person is no longer under the influence of alcohol or drugs; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1167. By Representatives Forster of the 3rd, Post 1 and Heard of the 70th, Post 3:
A BILL to amend Code Section 43-4-11 of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to qualify for examination by the Georgia State Board of Architects and Interior Designers; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1168. By Representatives Rice of the 64th, Parham of the 94th, Keen of the 146th, Reece of the 21st, Brown of the 89th and others:
A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain

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provisions relating to examination of applicants; to provide that licensed driver training schools may conduct road tests for applicants for drivers' licenses; to provide for approval by the department of driver training schools; to provide that it shall be a misdemeanor to a licensed driving instructor to falsely certify that an applicant has passed a road test; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1169. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Williams of the 128th, Stephens of the 124th, Post 2, Stanley-Turner of the 43rd, Post 2 and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for uniformity in sentencing; to provide for definitions; to provide for target sentences and ranges; to provide for exceptions; to provide for classification of offenses and offenders; to provide a method for calculating sentences; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1170. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 60 days after the property is redeemed; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1171. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Sinkfield of the 50th, Stanley-Turner of the 43rd, Post 2, Mobley of the 58th and others:

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A BILL to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, the "Georgia Fair Lending Act," so as to revise certain definitions; to provide for changes in limitations on late payment charges to clarify what practices constitute flipping of home loans; to repeal provisions concerning the limitation of the recovery of attorneys' fees and costs in certain actions; and for other purposes.

Referred to the Committee on Banks and Banking.

HB 1172. By Representatives Casas of the 68th, Greene-Johnson of the 60th, Post 3, Reece of the 11th, Coleman of the 65th and Rice of the 64th:
A BILL to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to provide that the Professional Standards Commission shall not require a test or course in computer skill competency for certification renewal; and for other purposes.

Referred to the Committee on Education.

HR 979. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Brooks of the 47th, Smyre of the 111th and others:
A RESOLUTION urging the Citizens' Stamp Advisory Committee of the United States Postal Service to adopt a U.S. postage stamp honoring the late Westley Wallace Law; and for other purposes.

Referred to the Committee on Rules.

HR 980. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Congress to enact social security personal retirement accounts; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 982. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Congress to abolish the death tax permanently; and for other purposes.

Referred to the Committee on Ways & Means.

HR 983. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Wilkinson of the 41st, Reece of the 21st, Stanley-Turner of the 43rd, Post 2 and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

Referred to the Committee on Rules.

HR 985. By Representatives Morris of the 120th, Lane of the 101st, Coleman of the 118th, Skipper of the 116th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that hunting and fishing and the taking of game and fish shall be preserved and managed for the public good; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

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

HB 1060 HB 1113 HB 1114 HB 1115 HB 1116

HB 1124 HB 1125 HB 1126 HB 1127 HB 1128

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HB 1129 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Committee on Governmental Affairs:

HB 1047. By Representatives Hudson of the 95th, Purcell of the 122nd, McBee of the 74th, Houston of the 139th, Morris of the 120th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to regulate the practice of soil science; to provide for a short title; to provide for legislative purpose; to define certain terms; to provide for inapplicability; to provide for the State Board of Registration for Professional Soil Scientists; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Ways & Means:

HB 1064. By Representatives Royal of the 140th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain definitions regarding such fees and classes; and for other purposes.

Representative McBee of the 74th 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.

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

HR 986. By Representative Buckner of the 109th:
A RESOLUTION honoring Billie Ann Wills, Ms. Wheelchair Georgia for 2004, and inviting her to appear before the House of Representatives; and for other purposes.

HR 987. By Representatives Coleman of the 118th, Parrish of the 102nd, Wix of the 33rd, Post 1, Morris of the 120th, Purcell of the 122nd and others:
A RESOLUTION commending Lord Laird of Artigarvan and inviting him to appear before the House of Representatives; and for other purposes.

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

HB 1086. By Representative Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; and for other purposes.

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

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

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

Day Y Dean Y Deloach Y Dix Y Dodson E Dollar Y Dooley Y Douglas E 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

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

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

JOURNAL OF THE HOUSE

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

Y James Y Jamieson N Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen N 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 Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell E 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 Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, the ayes were 160, nays 9. The Bill, having received the requisite constitutional majority, was passed.

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.

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

THURSDAY, JANUARY 15, 2004

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

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

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

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

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

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Dukes of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 395. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Williams of the 128th, Coleman of the 118th, Porter of the 119th and others:

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A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the authority of attendance officers; to provide for duties of peace officers assigned to schools; 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 enact the "Truancy Reduction Act"; to conform a provision in the mandatory school attendance law to other provisions; to change penalties for truancy; to provide for written summaries of penalties and consequences of truancy; to provide for school attendance protocols and their contents, purpose, and dissemination; to provide for school attendance protocol committees and their membership and duties; to provide for designation of school social workers as attendance officers; to change the authority of attendance officers; to provide that peace officers assigned to schools shall have the authority of attendance officers; to provide for effective dates; 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 "Truancy Reduction Act."
SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-690.1, relating to mandatory education for children, by striking subsections (a) and (b) and inserting in lieu thereof the following:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their sixth seventh and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the childs failure to enroll and attend is caused by the childs parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National

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Guard and such other approved absences shall be excused absences. The requirements of this subsection shall apply to a child between his or her seventh and sixteenth birthdays who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed not less than $25.00 and not greater than $100.00, or imprisonment not to exceed 30 days, community service, or both any combination of such penalties, at the discretion of the court having jurisdiction. Each days absence from school in violation of this part after the childs school system notifies the parent, guardian, or other person who has control or charge of a child of two unexcused days of absence for a child shall constitute a separate offense. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for truancy for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten or older at the beginning of the school year or on the first day the child enrolls in or transfers to the school shall sign a statement indicating receipt of such written statement of possible consequences and penalties. Public schools shall retain signed copies of statements through the end of the school year."
SECTION 3. Said chapter is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
"20-2-690.2. (a) Each county shall establish a school attendance protocol as provided in this Code section. (b) The chief judge of the superior court shall call the first meeting of the county school attendance protocol committee. The committee shall elect a chairperson and may elect other officers. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The juvenile court judge or judges of the county; (2) The district attorney for the county;

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(3) The solicitor-general of state court, if the county has a state court; (4) The Department of Juvenile Justice; (5) The superintendent of each public school system in the county; (6) The sheriff of the county; (7) The chief of police of each municipality in the county; (8) The county department of family and children services; (9) The county board of health; (10) The county mental health organization; (11) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (12) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The school attendance protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) The committee shall, by August 1, 2004, adopt a written school attendance protocol for the county which shall be filed with the State Department of Education. The protocol shall outline in detail the procedures to be used in identifying cases of truancy and reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of truancy and appropriately addressing the issue with truant children and their parents or guardians. The protocol shall include recommendations for policies relating to tardiness. (f) A copy of the protocol shall be furnished to each agency, official, or program that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. The purpose of the protocol shall be ensuring coordination and cooperation among officials, agencies, and programs involved in the issue of truancy to reduce the number of unexcused absences from school and increase the percentage of students present to take tests required by law. (g) The committee shall write the summary of possible consequences and penalties for truancy for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools. The summary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a drivers license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the school attendance protocol and shall meet at least quarterly to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications. The committee shall report truancy rates to the State Board of Education each quarter of the school year."

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131

SECTION 4. Said chapter is further amended by striking Code Section 20-2-695, relating to attendance officers, and inserting in lieu thereof the following:
"20-2-695. (a) A local board of education may employ an attendance officer or attendance officers in addition to a visiting teacher or visiting teachers. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attendance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promulgated by the Professional Standards Commission for the certification of visiting teachers. (a.1) A local board of education or the principal of a public school may designate one or more school social workers as an attendance officer or attendance officers. Such school social workers designated as attendance officers shall have the duties and authority of attendance officers defined in this subpart. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officers school superintendent, and comply with state and local rules as provided in Code Section 20-2-696; (2) The authority to receive cooperation and attendance reports from that officers school system as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the The authority to assume temporary custody of children absent from school for the purpose of delivering the child to school or to the parent, guardian, or other person who has control or charge of the child, or if the child has been adjudged delinquent or unruly, to the probation officer of the county having jurisdiction over the child in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2700; and any attendance officer so authorized by the appointing local board of education shall, when engaged in such function, have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attendance officer holds a valid certification as a peace officer from the Georgia Peace Officer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law. (c) Any peace officer assigned to a school on a full-time or part-time basis shall have the authority of an attendance officer in addition to the authority of a peace officer."

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SECTION 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Section 3 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.

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell E 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 E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, the ayes were 162, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes
Beasley-Teague E 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 Day Y Dean Y Deloach Y Dix Y Dodson E Dollar Y Dooley Y Douglas E Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick

Y 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis

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 E Ralston Y Randall

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

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Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E 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 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 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 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 Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

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-

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training and for a certificate of registration as a land surveyor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to engineers and land surveyors, is amended by striking Code Section 43-15-8, relating to eligibility for certification as an engineer-in-training, and inserting in lieu thereof the following:
"43-15-8. (a) To be eligible for certification as an engineer-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (3)(A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination). (b) To be eligible for certification as an engineer-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements: (1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination); or (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-intraining examination)."
SECTION 2. Said chapter is further amended by striking Code Section 43-15-9, relating to eligibility for a certificate of registration as a professional engineer, and inserting in lieu thereof the following:
"43-15-9.

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(a) To be eligible for a certificate of registration as a professional engineer, an applicant applying prior to July 1, 2013, must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of subsection (a) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (4)(A) Graduate in an engineering or related science curriculum of not less than four academic years; (B) Acquire a specific record of not less than 16 years experience in engineering work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination). (b) To be eligible for a certificate of registration as a professional engineer, an applicant applying after July 1, 2013, must meet the following minimum requirements: (1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of subsection (a) or paragraph (1) of subsection (b) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination); or (2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of Code Section 43-15-8;

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(B) Acquire a specific record of not less than seven years experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineers examination)."
SECTION 3. Said chapter is further amended by striking Code Section 43-15-12, relating to eligibility for certification as a land surveyor-in-training, and inserting in lieu thereof the following:
"43-15-12. (a) To be eligible for certification as a land surveyor-in-training, an applicant applying prior to July 1, 2010, must meet the following minimum requirements:
(1)(A) Earn a bachelors degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter 12 semester hours credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours credit, five of which shall be three hours are in hydrology; and (3) Subsequently pass the boards written examination in the fundamentals of land surveying (land surveyor-in-training examination) Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board. (b) To be eligible for certification as a land surveyor-in-training, an applicant applying on or after July 1, 2010, must meet the following minimum requirements: (1) Earn a bachelors degree in a curriculum approved by the state board consisting of a minimum of 18 semester hours or 30 quarter hours credit, or the equivalent, in land surveying subjects, including a minimum of three semester hours or five quarter hours of hydrology; and (2) Subsequently pass the Fundamentals of Land Surveying (FLS) examination, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board."
SECTION 4. Said chapter is further amended by striking Code Section 43-15-13, relating to eligibility for a certificate of registration as a land surveyor, and inserting in lieu thereof the following:
"43-15-13.

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(a) To be eligible for a certificate of registration as a land surveyor prior to July 1, 2013, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(A) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of this state relating to land surveying (land surveyor examination); (2)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(B) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(B) of paragraph (1) of Code Section 43-15-12, includes not less than four years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination); or (3)(A) Obtain certification as a land surveyor-in-training under subparagraph (a)(1)(C) of paragraph (1) and paragraph paragraphs (2) and (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (a)(1)(C) of paragraph (1) of Code Section 43-15-12, includes not less than six years experience in responsible charge of land surveying under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of this state relating to land surveying (land surveyor examination).; or

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(4)(A) Obtain certification as a land surveyor-in-training under subsection (b) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying (PLS), prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination of the laws of Georgia relating to land surveying (land surveyor examination). (b) To be eligible for a certificate of registration as a land surveyor on or after July 1, 2013, an applicant must meet the following minimum requirements: (1) Obtain certification as a land surveyor-in-training under paragraphs (1) and (2) of subsection (b) of Code Section 43-15-12; (2) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years experience in responsible charge of land surveying projects under the supervision of a registered land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (3) Subsequently pass a written examination on the principles and practices of land surveying, prepared and graded by the National Council of Examiners for Engineering and Surveying (NCEES), or any other examination as may be approved and required by the state board, and a written examination on the laws of Georgia relating to land surveying (land surveyor examination)."
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 E Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield

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

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

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

Y Sholar E Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T

140
Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N 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 140, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Forster of the 3rd, Post 1 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 878. By Representative Crawford of the 91st:
A BILL to amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in

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141

the Employees' Retirement System of Georgia, notice of election, and contributions, so as to provide for members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys Council of the State of Georgia in the Employees Retirement System of Georgia, notice of election, and contributions, so as to provide for creditable service for certain members who were required to become members of the Employees Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; to provide that such persons may obtain the prior service credit to which each is entitled by paying to the board of trustees employer and employee contributions with interest thereon; to provide that such payments shall be credited to each members annuity account; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys Council of the State of Georgia in the Employees Retirement System of Georgia, notice of election, and contributions, is amended by inserting at the end thereof the following:
"(c) Any person who was required to become a member of this retirement system by operation of subsection (b) of this Code section but who failed to do so at the time he or she was so required because of an administrative error may receive creditable service for all or a portion of such period of prior service by paying to the board of trustees an amount which would warrant the grant of creditable service without creating any additional actuarial accrued liability as to the retirement system. Such payment may include a transfer of funds from a money purchase pension plan maintained by the employees employer prior to July 1, 2004, which shall be credited to the employees annuity account established by the retirement system. The employees employer is authorized to supplement such amount."

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SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Beasley-Teague E 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 E Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

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

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, C Y Jenkins, C.F
Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton

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

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

THURSDAY, JANUARY 15, 2004

Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

143
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 Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

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; to provide for exceptions and limitations; to provide for a refund in the event of the death of a member or benefit recipient; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. 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, is amended by inserting immediately following subsection (e) a new subsection to read as follows:
"(e.1) Option five shall consist of a reduced retirement allowance together with a partial lump sum distribution. This option may be elected by any retiring member including members electing another optional allowance under this Code section except that this option shall not be available to members retiring pursuant to Code Section 473-122 or members subject to the requirements of subsection (b) of Code Section 47-3120. The amount of the lump sum distribution under this subsection may not exceed the sum of 36 months of the monthly retirement allowance the retiring member would have received had he or she not elected the partial lump sum option. The partial lump sum distribution will be made as a single payment payable at the time the first monthly retirement allowance is paid to the retired member."
SECTION 2. Said Code section is further amended by striking subsection (h) and inserting in lieu thereof the following:
"(h) Upon the death of the retired member and then the death of the person designated by him or her to receive continuing retirement benefits under option two, three, or four, or five if the total monthly benefits paid, including any partial lump sum distribution, to the retired member and to such person designated to receive continuing benefits do not equal or exceed the retired members accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If no such person is designated to receive this difference, or if such designated person has predeceased the person designated to receive continuing monthly retirement benefits, or if such designees are the same person, this difference shall be paid to the estate of the person designated to receive continuing monthly retirement benefits."
SECTION 3. Said Code section is further amended by striking in its entirety subsection (i) and inserting in lieu thereof the following:
"(i) Upon the death of the person designated by the retired member to receive continuing monthly retirement benefits under option two, three, or four, or five and then the death of the retired member, if the total monthly benefits paid, including any partial lump sum distribution, to the retired member prior to his or her death do not equal or exceed the retired members accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If the person designated by the retired member to receive a refund of this difference also predeceases the retired

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member, or if such designees are the same person, or if no person is designated to receive this difference, this difference shall be paid to the estate of the retired member."
SECTION 4. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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 E Bannister Y Barnard Y Barnes Y Beasley-Teague E 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 Y Bunn Y Burkhalter Y Burmeister E Butler E Campbell Y Casas Y Chambers Y Channell

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

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell E 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 Sholar E Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland Y White Y Wilkinson Y Willard

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

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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 Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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.

Representative Birdsong of the 104th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

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; to provide for exceptions and limitations; to provide for the payment of certain amounts in the event of the death of a member and a designated beneficiary; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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147

SECTION 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees Retirement System of Georgia, is amended by inserting immediately following subsection (e.3) a new subsection to read as follows:
"(e.4) Option five shall consist of a reduced retirement allowance together with a partial lump sum distribution. This option may be elected by any retiring member including members electing another optional allowance under this Code section except that this option shall not be available to members retiring pursuant to Code Section 472-123 or members subject to the requirements of subsection (e) of Code Section 47-2120. The amount of the lump sum distribution under this subsection may not exceed the sum of 36 months of the monthly retirement allowance the retiring member would have received had he or she not elected the partial lump sum option. The partial lump sum distribution will be made as a single payment payable at the time the first monthly retirement allowance is paid to the retired member."
SECTION 2. Said Code section is further amended by inserting at the end thereof the following:
"(i)(1) Upon the death of the retired member and then the death of the person designated to receive continuing retirement benefits under option two, three, four, or five if the total monthly benefits paid to the retired member and to such person designated to receive continuing benefits, including any partial lump-sum distribution, do not equal or exceed the retired members accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If no such person is designated to receive a refund of this difference, or if such designated person has predeceased the person designated to receive continuing monthly retirement benefits, or if such designees are the same person, this difference shall be paid to the estate of the person designated to receive continuing monthly retirement benefits. (2) Upon the death of the person designated by the retired member to receive continuing monthly retirement benefits under option two, three, four, or five and then the death of the retired member, if the total monthly benefits paid to the retired member prior to his or her death, including any partial lump-sum distribution, do not equal or exceed the retired members accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If the person designated by the retired member to receive a refund of this difference also predeceases the retired member, or if such designees are the same person, or if no person is designated to receive a refund of this difference, this difference shall be paid to the estate of the retired member."
SECTION 3. This Act shall become effective on July 1, 2004, only if it is determined to have been

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concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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149

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.

HB 739. By Representatives Cummings of the 19th, McBee of the 74th and Jenkins of the 93rd:
A BILL to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refund of dues under the Judges of the Probate Courts Retirement Fund, so as to provide that a member who is unmarried at the time of retirement may elect a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary; to provide that a member who is married at the time of retirement may make such an election with the consent of his or her spouse; and for other purposes.

The report of the Committee, which was favorable to the 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 Bannister Y Barnard Y Barnes Y Beasley-Teague E 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 Y Bunn Y Burkhalter Y Burmeister

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

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

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 E Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice

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

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

JOURNAL OF THE HOUSE

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

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

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

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.

The following substitute, offered by Representatives Ray of the 108th, James of the 114th, and Heath of the 18th was read:

A BILL
To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; to provide for remedies, enforcement, and penalties; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 22 to read as follows:
"CHAPTER 22

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2-22-1. As used in this chapter, the term:
(1) 'Contract grower or contract producer' means a producer of poultry who holds a legal interest in a contract operation and who produces poultry under a production contract at that contract operation. (2) 'Integrator or processor' means a person who owns poultry that is produced by a contract grower or contract producer or who is engaged in the business of manufacturing goods from poultry, including by slaughtering or processing poultry. (3) 'Production contract' means an agreement executed by an integrator or processor that provides for the production of poultry or the provision of management services relating to the production of poultry by a contract grower or contract producer in this state.
2-22-2. (a) Any production contract entered into, extended, renewed, or amended on or after the effective date of this chapter shall be voidable by the contract grower or contract producer if:
(1) The contract grower or contract producer has not been afforded the opportunity to have the proposed production contract reviewed outside the business premises of the integrator or processor or its agents by an attorney or adviser of the contract growers or contract producers choosing for at least three business days prior to execution; provided, however, that this paragraph shall not apply to the mere extension or renewal of an existing contract with no change in material terms from the existing contract other than the period covered thereby; (2) The contract does not quote the provisions of subsection (b) of this Code section; or (3) The contract is not signed by all parties before chicks are placed with the contract grower or contract producer. (b)(1) The contract grower or contract producer shall have a right to cancel a production contract until 12:00 Midnight of the third business day after the day on which he or she signs the contract or until chicks have been placed with the contract grower or contract producer, whichever occurs first. (2) Notice of cancellation under this subsection shall be given in writing to the integrator or processor at the place of business as set forth in the production contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted before termination of the right to cancel under paragraph (1) of this subsection. Notice of such written cancellation need not include any particular words or phrases to be effective so long as it indicates the intention of the contract grower or contract producer not to be bound by the production contract.
2-22-3. Any integrator or processor shall provide to any contract grower or contract producer upon request thereby any statistical information and data used to determine

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compensation paid to such contract grower or contract producer under a production contract, other than a trade secret as defined by Code Section 10-1-761.
2-22-4. Any contract grower or contract producer or the designee thereof shall have the right to be present at the weighing of poultry produced by such grower or producer, be present at the weighing of feed delivered by the integrator or processor, and observe the weights and measures used to determine compensation due such grower or producer under a production contract.
2-22-5. (a) Violations of the provisions of Code Section 2-22-3 or 2-22-4 shall be subject to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' for persons whose business or property has been injured or damaged as a result of an unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393. (b) The provisions of Code Section 2-22-3 or 2-22-4 may be enforced by the Commissioner in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' for enforcement of the provisions of said part by the administrator of consumer affairs against a person reasonably appearing to have engaged in unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393, and the superior courts may grant injunctive relief and impose the same civil penalties for violations of injunctions as provided in said part."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Skipper of the 116th and Greene of the 134th move to amend the Floor substitute to HB 648 as follows:
On page 2, line 11 after (b)(1) add the following:
Unless waived in writing by the contract grower or contract producer at the time of signing a production contract,.

The Floor substitute, as amended, was adopted.

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153

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

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

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

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

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 87, nays 72. The Bill, having failed to receive the requisite constitutional majority, was lost.

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

Representative Ray of the 108th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 648.

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

HR 990. By Representatives Purcell of the 122nd, Coleman of the 118th, James of the 114th, Ray of the 108th and Greene of the 134th:
A RESOLUTION recognizing 4-H Day at the state capitol and inviting Nekeisha Randall, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Buchanan to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 991. By Representatives Purcell of the 122nd, James of the 114th and Ray of the 108th:
A RESOLUTION recognizing and commending Nekeisha Randall; and for other purposes.

HR 992. By Representatives Purcell of the 122nd and Ray of the 108th:
A RESOLUTION recognizing and commending Matthew Williams; and for other purposes.

HR 993. By Representatives Purcell of the 122nd and Ray of the 108th:
A RESOLUTION recognizing and commending Ashley Justice; and for other purposes.

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HR 994. By Representatives Purcell of the 122nd, Rogers of the 20th, Mills of the 67th, Post 2, Amerson of the 9th, Coan of the 67th, Post 1 and others:
A RESOLUTION recognizing and commending Khalil Khlifi; and for other purposes.

HR 995. By Representatives Purcell of the 122nd, Jenkins of the 93rd, Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A RESOLUTION recognizing and commending Anna Daniel; and for other purposes.

HR 996. By Representatives Purcell of the 122nd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION commending Tyler Poole; and for other purposes.

HR 997. By Representatives Purcell of the 122nd, Houston of the 139th, Roberts of the 131st and Scott of the 138th:
A RESOLUTION recognizing and commending Melissa Lee; and for other purposes.

HR 998. By Representatives Purcell of the 122nd, Houston of the 139th, Roberts of the 131st and Scott of the 138th:
A RESOLUTION recognizing and commending Jonathan Barber; and for other purposes.

HR 999. By Representatives Purcell of the 122nd, Houston of the 139th, Roberts of the 131st and Scott of the 138th:
A RESOLUTION recognizing and commending Daniel Tankersly; and for other purposes.

HR 1000. By Representatives Purcell of the 122nd, Houston of the 139th, Roberts of the 131st and Scott of the 138th:

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A RESOLUTION recognizing and commending Ashley Chestnut; and for other purposes.

HR 1001. By Representatives Purcell of the 122nd, Stokes of the 72nd, Bunn of the 63rd and Douglas of the 73rd:
A RESOLUTION commending Seth Wemberly; and for other purposes.

HR 1002. By Representatives Purcell of the 122nd and Houston of the 139th:
A RESOLUTION recognizing and commending Jenna Knight; and for other purposes.

HR 1003. By Representatives Purcell of the 122nd and Greene of the 134th:
A RESOLUTION recognizing and commending Natalie Smith; and for other purposes.

HR 1004. By Representatives Purcell of the 122nd and Jamieson of the 22nd: A RESOLUTION commending Clayton Meeks; and for other purposes.

HR 1005. By Representatives Purcell of the 122nd and Roberts of the 131st: A RESOLUTION commending Richard Greer; and for other purposes.

HR 1006. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Coleman of the 118th and Parrish of the 102nd:
A RESOLUTION commending Knox Martin; and for other purposes.

HR 1007. By Representatives Burkhalter of the 36th, Martin of the 37th, Coleman of the 118th and Parrish of the 102nd:
A RESOLUTION commending Northview High School's varsity boys golf team; and for other purposes.

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157

HR 1008. By Representatives Shaw of the 143rd and Boggs of the 145th:
A RESOLUTION commending Lee Container Corporation; and for other purposes.

HR 1009. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION honoring and remembering the life of Robert I. "Bob" Scanlin; and for other purposes.

HR 1010. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION expressing regret at the passing of Beth Cash Cope; and for other purposes.

HR 1011. By Representatives Rogers of the 20th, Mills of the 67th, Post 2, Reece of the 21st, Amerson of the 9th and Coan of the 67th, Post 1:
A RESOLUTION honoring coach Manson Hill; and for other purposes.

HR 1012. By Representatives Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION commending Matthew Ryan Kinnaman; and for other purposes.

HR 1013. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th and Stephens of the 123rd:
A RESOLUTION recognizing the Holy Spirit Lutheran Church on the occsasion of its twentieth anniversary; and for other purposes.

HR 1014. By Representative Channell of the 77th:

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A RESOLUTION commemorating Springfield Baptist Church on its 140th anniversary; and for other purposes.

HR 1015. By Representatives Murphy of the 97th, Anderson of the 100th, Howard of the 98th, Warren of the 99th and Burmeister of the 96th:
A RESOLUTION expressing regret at the passing of Spc. Nathaniel Henry Johnson; and for other purposes.

HR 1016. By Representatives Coleman of the 118th, Porter of the 119th, Howell of the 92nd, Lunsford of the 85th, Post 2 and Crawford of the 91st:
A RESOLUTION extending condolences and honoring the memory of fallen Georgia State Trooper Tony M. Lumley; and for other purposes.

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

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159

Representative Hall, Atlanta, Georgia Friday, January 16, 2004

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

By unanimous consent, the call of the roll was dispensed with.

The following communication was received:

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334

January 13, 2004

The Honorable Robert Rivers Clerk of the House 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk:
I will be attending the opening sessions of Leadership Georgia on Friday, January 16, 2004. I request that my absence be excused and that my machine be locked for that day.
Thank you,
/s/ Nikki T. Randall
NTR:sr

Prayer was offered by Dr. B. Wiley Stephens, Pastor, Dunwoody United Methodist Church, Dunwoody, Georgia.

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The members pledged allegiance to the flag.

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

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

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

HB 1061. By Representatives Stephens of the 123rd, Parrish of the 102nd, Parham of the 94th, Graves of the 106th, Gardner of the 42nd, Post 3 and others:
A BILL to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide for a price schedule of maximum manufacturer prices for patented prescription drugs and certain other drugs sold in this state for use with humans; to define certain terms; to provide for the implementation and

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161

enforcement by the Department of Community Health; to provide for establishment of the maximum price schedule by the Public Service Commission; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1173. By Representatives Powell of the 23rd and Teper of the 42nd, Post 1:
A BILL to amend Chapters 1, 5, and 10 of Title 42 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to penal institutions, to state and county correctional institutions, and correctional industries, so as to authorize use of inmates as voluntary labor for privately owned profit-making employers producing goods and services for sale to public and private purchasers; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1174. By Representatives Sims of the 130th, Boggs of the 145th and Stokes of the 72nd:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.

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Referred to the Committee on State Institutions & Property.

HB 1176. By Representatives Martin of the 37th, Jones of the 38th, Powell of the 23rd, Chambers of the 53rd and Millar of the 52nd:
A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for parking permits for blind persons; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1177. 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 requirements relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to change certain provisions relating to issuance of forms by the department; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1178. By Representatives Powell of the 23rd and Parham of the 94th:
A BILL to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, so as to change the period of time in which to submit a title application to the commissioner; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater

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163

penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

Referred to the Committee on Appropriations.

HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

Referred to the Committee on Appropriations.

HB 1182. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, StanleyTurner of the 43rd, Post 2, Manning of the 32nd and Marin of the 66th:
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; and for other purposes.

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Referred to the Committee on Special Judiciary.

HB 1183. By Representatives Hill of the 147th, Boggs of the 145th, DeLoach of the 127th, Thompson of the 69th, Post 1, Mangham of the 62nd and others:
A BILL to amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense, so as to include persons who are addicted to a controlled substance or alcohol and persons who commit nonviolent property crimes related to their addiction to a controlled substance or alcohol; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

1/15/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1184. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

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165

HB 1185. By Representatives Shaw of the 143rd, Floyd of the 132nd, Boggs of the 145th, Rogers of the 20th, Channell of the 77th and others:
A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to additional powers of conservation rangers and functions of other agencies assigned to the Department of Natural Resources; to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1186. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to define a term relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection of property; to change certain provisions relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1187. By Representatives Dean of the 49th, Thomas of the 43rd, Post 1, Brown of the 89th, Wilkinson of the 41st, Mobley of the 58th and others:
A BILL to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change provisions relative to the issuance and transfer of tax executions; to provide for the prompt issuance of executions; to provide for executions to be promptly made available for transfer; and for other purposes.

Referred to the Committee on Ways & Means.

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HB 1188. By Representatives Dean of the 49th, Thomas of the 43rd, Post 1, Brown of the 89th, Beasley-Teague of the 48th, Post 2 and Mobley of the 58th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change provisions relating to purchases under executions and the right of redemption of property so sold; to provide that a notice of foreclosure of right of redemption must be served on the tax collector or tax commissioner; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1189. By Representatives Coleman of the 118th, Buck of the 112th, O`Neal of the 117th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

Referred to the Committee on Appropriations.

HB 1190. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; 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 program weights; to change certain provisions regarding effectiveness assessment; to amend the Official Code of Georgia Annotated, so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; and for other purposes.

Referred to the Committee on Education.

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167

HR 988. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Congress to support the President's effort to protect the United States from terrorists and the proliferation of weapons of mass destruction; and for other purposes.

Referred to the Committee on Rules.

HR 989. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Roberts of the 131st, Knox of the 14th, Post 1 and others:
A RESOLUTION urging the United States Congress to enact defense appropriations prior to other spending legislation; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 35 HB 1054 HB 1055 HB 1136 HB 1137 HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150

HB 1156 HB 1157 HB 1158 HB 1159 HB 1160 HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HR 979

168
HB 1151 HB 1152 HB 1153 HB 1154 HB 1155

JOURNAL OF THE HOUSE
HR 980 HR 982 HR 983 HR 985

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1058 Do Pass, by Substitute

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

HB 482 Do Pass HB 1021 Do Pass, as Amended HB 1084 Do Pass

HB 1104 Do Pass HB 1112 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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169

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

Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 560. By Senators Lee of the 29th, Smith of the 52nd and Shafer of the 48th:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes

Representative Skipper of the 116th assumed the chair.

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

HB 1104. By Representative Sims of the 130th:
A BILL to provide that future elections for the office of probate judge of Coffee 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 roll call was ordered and the vote was as follows:

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

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

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

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J E Murphy, Q

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

170
Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges
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 E Campbell N Casas Y Chambers Y Channell
Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

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

On the passage of the Bill, the ayes were 105, nays 34. The Bill, having received the requisite constitutional majority, was passed.

HB 482. By Representatives Lunsford of the 85th, Post 2, Watson of the 60th, Post 2, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Yates of the 85th, Post 1 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

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

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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.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local Legislation moves to amend HB 1021 by striking "2003" on line 9 of page 2 and inserting "2004" in lieu thereof.
By striking "45" on line 19 of page 2 and inserting "30" in lieu thereof.
By striking line 22 of page 2 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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

HB 1084. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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

HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:
A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson

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of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.

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

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

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

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

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
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 Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F
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 E McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J E 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 E Ralston E 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
Sinkfield Skipper Y Smith, B Y Smith, L Smith, P Smith, T Y Smith, V Smyre Y Snow Stanley-Turner E Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson 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

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On the passage of the Bills, the ayes were 146, nays 1. The Bills, having received the requisite constitutional majority, were passed.

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

The Speaker assumed the Chair.

Representative Ray of the 108th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:

A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.

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

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

Day Dean Deloach Y Dix Y Dodson Y 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 Y Graves, T

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

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J E 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 E Ralston E Randall Y Ray Y Reece, B

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

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

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

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

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

On the motion, the ayes were 106, nays 40. The motion prevailed.

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

Representative Sims of the 130th 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 1017. By Representatives Douglas of the 73rd, Coleman of the 118th, Richardson of the 26th and Skipper of the 116th:
A RESOLUTION commending Major General Buford C. Blount III and inviting him to appear before the House of Representatives; and for other purposes.

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

The Speaker called the House to order.

The hour of convening the Joint Session pursuant to HR 945 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Norman S. Fletcher, Chief Justice of

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175

the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.

The Resolution calling for the Joint Session was read.

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

Senator Stephens of the 51st moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1018. By Representative Purcell of the 122nd:
A RESOLUTION recognizing Jeff Rollins upon the occasion of his 15th anniversary as pastor of First Baptist Church of Springfield; and for other purposes.

HR 1019. By Representative Purcell of the 122nd: A RESOLUTION commending Rev. Jack Hudson; and for other purposes.

HR 1020. By Representative Drenner of the 57th:
A RESOLUTION commending and honoring Mr. Clyde Aikens, Jr.; and for other purposes.

HR 1021. By Representative Drenner of the 57th:

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A RESOLUTION commending Positive Growth, Incorporated; and for other purposes.
HR 1022. By Representatives Wilkinson of the 41st, Buck of the 112th, Westmoreland of the 86th, Keen of the 146th and Richardson of the 26th: A RESOLUTION honoring the Honorable Jamie W. Oglesby on the occasion of his 75th birthday; and for other purposes.
HR 1023. By Representative Purcell of the 122nd: A RESOLUTION honoring the memory of Lt. Col. (Ret.) Henry Joseph Wilkins and expressing regret at his passing; and for other purposes.
HR 1024. By Representative Reece of the 11th: A RESOLUTION commending Alpine Community Church; and for other purposes.
HR 1025. By Representative Reece of the 11th: A RESOLUTION recognizing and commending Coosa High School; and for other purposes.
HR 1026. By Representatives Reece of the 11th, Snow of the 1st, Ray of the 108th and Joyce of the 2nd: A RESOLUTION recognizing and commending Mr. Kimelan Millican; and for other purposes.
HR 1027. By Representatives Douglas of the 73rd, Bunn of the 63rd and Stokes of the 72nd: A RESOLUTION commending Mr. Alan Fowler as 2004 Teacher of the Year; and for other purposes.

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HR 1028. By Representatives Sims of the 130th, Coleman of the 118th, Porter of the 119th, Keen of the 146th, Richardson of the 26th and others:
A RESOLUTION recognizing and honoring U. S. Army Staff Sergeant Ricky L. Crockett, killed in action during the course of Operation Iraqi Freedom; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, January 26, 2004.

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Representative Hall, Atlanta, Georgia Monday, January 26, 2004

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 Ashe Barnes E Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coleman, B E Cooper Crawford Cummings

Day Dean Deloach Dodson Dooley Douglas Drenner Ehrhart Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, T Greene Greene-Johnson Hanner Harbin Harper E Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A

Hill, V Hines Houston Howard Howell E Hudson Hugley James Jamieson Jenkins, C Jenkins, C.F Jones Jordan Joyce Keen Knox Lewis Lord Maddox Manning Marin Martin Maxwell McBee E McCall Millar Mills Mitchell

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

Sheldon Sholar Sims Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stokes Stoner Teilhet Teper Thomas Morgan Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Bannister of the 70th, Post 1; Barnard of the 121st, Post 1; Beasley-Teague of the 48th, Post 2; Bordeaux of the 125th; Bruce of the 45th; Dollar of the 31st; Dukes of the 136th; Elrod of the 25th; Golick of the 34th, Post 3; Graves of the 106th; Heckstall of the 48th, Post 3; Henson of the 55th; Jackson of the 124th, Post 1; Lane of the 101st; Lucas of the 105th; Lunsford of the 85th, Post 2; Mangham of the 62nd; Massey of the 24th; McClinton of the 59th, Post 1; Powell of the 23rd; Ray of the 108th; Roberts of the 135th; Rogers of the 20th; Smith of the 76th;

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Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephens of the 123rd; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; and Walker of the 115th.
They wish to be recorded as present.

Prayer was offered by the Reverend Wilburn M. Hill, Pastor, Centennial Baptist Church, Rutledge, Georgia.

The members pledged allegiance to the flag.

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

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

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

HB 1191. By Representative Channell of the 77th:
A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures of property relative to controlled substances violations, so as to authorize use of proceeds for a state law enforcement museum; and for other purposes.

1/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1191. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Special Judiciary.

HB 1192. By Representatives Boggs of the 145th and Snow of the 1st:
A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes.

Referred to the Committee on Public Safety.

HB 1193. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Mosley of the 129th, Post 1 and Coleman of the 65th:

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A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change penalties for failure to comply with compulsory attendance requirements; to change certain provisions relating to the annual study by the Department of Education regarding disciplinary and placement actions; to amend Code Section 40-5-22, relating to persons not to be issued a driver's license, school attendance requirements, and driving training requirements; and for other purposes.

Referred to the Committee on Education.

HB 1194. By Representatives Teilhet of the 34th, Post 2, Willard of the 40th, Moraitakis of the 42nd, Post 4, Stephenson of the 60th, Post 1 and Wilkinson of the 41st:
A BILL to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for no civil liability for a court appointed custody evaluator; and for other purposes.

Referred to the Committee on Judiciary.

HB 1195. By Representatives Dukes of the 136th, Smyre of the 111th, Heard of the 70th, Post 3, Ehrhart of the 28th, Watson of the 60th, Post 2 and others:
A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing professional services in connection with improvements; and for other purposes.

Referred to the Committee on Appropriations.

HB 1196. By Representatives Wilkinson of the 41st, Dean of the 49th, Brown of the 89th, Mobley of the 58th, Thomas of the 43rd, Post 1 and others:

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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 certain tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1197. By Representatives Wilkinson of the 41st, Dean of the 49th, Brown of the 89th, Mobley of the 58th, Thomas of the 43rd, Post 1 and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain provisions regarding amounts payable for such redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1198. By Representatives Wilkinson of the 41st, Dean of the 49th, Brown of the 89th, Mobley of the 58th and Beasley-Teague of the 48th, Post 2:
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 certain tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1199. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Keen of the 146th, Ehrhart of the 28th, Walker of the 115th and others:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to change certain provisions regarding special county sales and use tax; to provide definitions; to provide for the issuance of general obligation debt for certain projects; and for other purposes.

Referred to the Committee on Ways & Means.

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183

HB 1200. By Representatives Ehrhart of the 28th, Martin of the 37th, Keen of the 146th and Lunsford of the 85th, Post 2:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to prohibit certain state or local government discrimination against private social organizations engaged in expressive conduct; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1201. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports; and for other purposes.

1/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1201. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Ways & Means.

HB 1202. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Graves of the 10th, Walker of the 115th, O`Neal of the 117th and others:

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A BILL to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to authorize the Department of Community Health and local governments to enter into agreements for state services relating to medical treatment for local government jail and correctional institution inmates; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1203. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 33-2-10 of the Official Code of Georgia Annotated, relating to issuance and service of orders and notices, so as to authorize service of orders and notices by electronic mail; and for other purposes.

Referred to the Committee on Insurance.

HB 1204. By Representatives Dodson of the 84th, Post 1, Harbin of the 80th, Stephens of the 123rd, Rogers of the 20th, Burkhalter of the 36th and others:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1205. By Representatives Purcell of the 122nd, Greene of the 134th, Morris of the 120th, Powell of the 23rd, Stephens of the 123rd and others:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions relating to acquisition and construction of water and sewage systems; to prohibit counties and municipalities from requiring connection with or use of water supplied by a public water system except when other water is unfit; to prohibit counties and municipalities from requiring connection with or use of a public system to dispose of sewage or other waste products in certain cases; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs.

HB 1206. By Representatives Buck of the 112th and Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, so as to remove attorneys from the listing of prohibited persons; to provide that attorneys may indirectly engage in the bail bond business but may not directly manage a bail bond business; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

1/26/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1207. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Buck District 112

Referred to the Committee on Appropriations.

HB 1208. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Parsons of the 29th, Casas of the 68th and Reece of the 11th:

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A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; and for other purposes.

Referred to the Committee on Education.

HR 1029. By Representatives Drenner of the 57th and Gardner of the 42nd, Post 3:
A RESOLUTION recognizing National Eating Disorders Awareness Week and urging the Division of Public Health of the Department of Human Resources to undertake certain related studies; and for other purposes.

Referred to the Committee on Health and Human Services.

HR 1030. By Representatives Stoner of the 34th, Post 1, Powell of the 23rd, Stokes of the 72nd, Hugley of the 113th and Watson of the 60th, Post 2:
A RESOLUTION proposing an amendment to the Constitution so as to allow public money to be used by religious or sectarian organizations and denominations or houses of worship for the purpose of providing social services to the citizens of this state; to provide no such money shall be used for educational programs or courses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 1061 HB 1173 HB 1174 HB 1175 HB 1176

HB 1183 HB 1184 HB 1185 HB 1186 HB 1187

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HB 1177 HB 1178 HB 1179 HB 1180 HB 1181 HB 1182

HB 1188 HB 1189 HB 1190 HR 988 HR 989

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 1184. By Representatives Borders of the 142nd, Royal of the 140th, Buck of the 112th, Shaw of the 143rd and Black of the 144th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; and for other purposes.

The motion prevailed.

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 987 Do Pass HR 990 Do Pass

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

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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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 677 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1120 Do Pass HB 1121 Do Pass HB 1143 Do Pass

HB 1144 Do Pass HB 1146 Do Pass HB 1164 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HB 1120. By Representative Parrish of the 102nd:

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A BILL to amend an Act relating to the board of commissioners of Johnson County, so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; and for other purposes.

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

HB 1121. By Representative Parrish of the 102nd:
A BILL to provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; and for other purposes.

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

HB 1143. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

HB 1144. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Randolph County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

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HB 1146. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Clay County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.

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

HB 1164. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd, Jenkins of the 93rd and Yates of the 85th, Post 1:
A BILL to create a board of elections and registration for Butts County and provide for its powers and duties; and for other purposes.

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

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

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

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

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

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

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 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
Thomas Morgan Thomas, A.M

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 E Cooper Y Crawford Y Cummings

MONDAY, JANUARY 26, 2004

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

Y Lord Y Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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

191
Y Thompson Walker, L
Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 160, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Forster of the 3rd, Post 1 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 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.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

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SR 560. By Senators Lee of the 29th, Smith of the 52nd and Shafer of the 48th:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes

1/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SR 560. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Burkhalter District 36

Referred to the Committee on Judiciary.

Representative Buckner of the 109th arose to a point of personal privilege and addressed the House.

Representative Broome of the 141st, Post 2 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 Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative McBee of the 74th arose to a point of personal privilege and addressed the House.

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Representative Amerson of the 9th arose to a point of personal privilege and addressed the House.

Representative Henson of the 55th arose to a point of personal privilege and addressed the House.

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

Representative Stokes of the 72nd arose to a point of personal privilege and addressed the House.

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

HR 987. By Representatives Coleman of the 118th, Parrish of the 102nd, Wix of the 33rd, Post 1, Morris of the 120th, Purcell of the 122nd and others:
A RESOLUTION commending Lord Laird of Artigarvan and inviting him to appear before the House of Representatives; and for other purposes.

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

HR 1031. By Representatives Coleman of the 118th, Walker of the 115th, Ray of the 108th, James of the 114th and O`Neal of the 117th:
A RESOLUTION honoring Major General Donald J. Wetekam and inviting him to appear before the House of Representatives; and for other purposes.

HR 1032. By Representatives Epps of the 90th, Brown of the 89th and Smith of the 110th:

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A RESOLUTION honoring the LaGrange High School Grangers football team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1033. By Representatives Hugley of the 113th, Buck of the 112th, Smyre of the 111th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending the Youth Advisory Council of Columbus, Georgia; inviting the members of the Youth Advisory Council to appear before the House of Representatives at a date and time to be designated by the Speaker of the House of Representatives; and for other purposes.

HR 1036. By Representative Hill of the 16th:
A RESOLUTION inviting the coaches and players of the Cherokee High School Warriors football team to appear before the House of Representatives; and for other purposes.

HR 1038. By Representatives Watson of the 60th, Post 2, Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3, McClinton of the 59th, Post 1 and Williams of the 61st, Post 2:
A RESOLUTION commending the DeKalb County Section of the National Council of Negro Women and inviting them to appear before the House of Representatives; and for other purposes.

HR 1039. By Representatives Watson of the 60th, Post 2, Coleman of the 118th, Childers of the 13th, Post 1, Birdsong of the 104th, Smith of the 13th, Post 2 and others:
A RESOLUTION recognizing "Community Health Centers Day" and inviting designated representatives of the community health centers to appear before the House of Representatives; and for other purposes.

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

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195

HB 363. By Representatives Fludd of the 48th, Post 4, Greene-Johnson of the 60th, Post 3, Marin of the 66th, Floyd of the 69th, Post 2 and Holmes of the 48th, Post 1:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide electronic versions of textbooks to schools and students; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for accurate and complete electronic format versions of certain textbooks; to provide for supplying copies of electronic text versions of certain textbooks to local boards of education upon request; to authorize local boards of education to provide electronic versions of textbooks to schools and students; to provide for payment; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-1015, relating to electronic format versions of textbooks recommended by the State Board of Education, and inserting in lieu thereof the following:
"20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook. For each textbook or new edition of a textbook recommended by the State Board of Education after July 1, 2004, the publisher shall make available an accurate and complete electronic version of such textbook. Upon request from any local board of education, the State Board of Education shall provide a copy of such an electronic format version; local boards of education are authorized to provide electronic format versions of textbooks to local schools and students. This Code section shall not be construed to authorize the State Board of Education or any local board of education to infringe the copyright or other intellectual property rights for any textbook. The local board shall decide whether to

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pay for the cost of the electronic textbook or to require the student or parent to pay for the cost of the electronic textbook."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Ehrhart of the 28th, Coleman of the 65th, Fludd of the 48th, Post 4 move to amend the Committee substitute to HB 363 as follows:
On line 25 change "require" to "allow".

The Committee substitute, as amended, was adopted.

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

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

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

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

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 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 Morgan Y Thomas, A.M Y Thompson
Walker, L

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

MONDAY, JANUARY 26, 2004

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

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

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

197
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 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 472. By Representatives Powell of the 23rd, Howell of the 92nd and Parham of the 94th:
A BILL to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to change the term of registration for solicitor agents; to change the registration fee; to change certain disclosure requirements; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise the "Georgia Charitable Solicitations Act of 1988"; to revise the short title; to revise certain definitions; to require background checks prior to registration of paid solicitors; to provide for the conditions upon which the Secretary of State will approve the registration of an applicant to be a paid solicitor; to establish a filing fee for each solicitation notice submitted to the Secretary of State; to provide for a penalty to be imposed for failure of a paid solicitor to submit an end of campaign report within the allotted time; to repeal Code Section 43-17-3.1, relating to application for registration as a solicitor agent; to require criminal background checks of executive officers of charitable organizations prior to registration; to provide for the conditions upon which the Secretary of State will approve the registration of an applicant as a

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charitable organization; to provide for restrictions on the use of charitable donations received by a charitable organization; to authorize the Secretary of State to adopt rules and regulations regarding Internet solicitations by charitable organizations; to expand the grounds for denial, suspension, or revocation of registration for fundraising activities; to change certain provisions relating to disclosures required of charitable organizations, paid solicitors, and solicitor agents; to change certain provisions relating to exemptions from the "Georgia Charitable Solicitations Act of 1988"; to change certain provisions relating to the administration of the "Georgia Charitable Solicitations Act of 1988"; to provide for the appointment of an investigative agent or examiner by the Secretary of State and related procedures; to provide for general investigative hearings conducted by the Secretary of State; to change certain provisions relating to uniform interpretation of the "Georgia Charitable Solicitations Act of 1988" and cooperation with state law enforcement and other agencies; to provide that the records of charitable organizations and paid solicitors are subject to review by the Secretary of State; to change certain provisions relating to prohibited acts; to change certain provisions relating to penalties; to change certain provisions relating to hearings and notice; to change certain provisions relating to violations of the "Georgia Charitable Solicitations Act of 1988"; to provide for editorial changes; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 17, relating to charitable solicitations, in its entirety and inserting in lieu thereof the following:
"CHAPTER 17
43-17-1. This chapter shall be known and may be cited as the 'Georgia Charitable Solicitations Act of 1988, as amended.'
43-17-2. As used in this chapter, the term:
(1) 'Administrator' means the office created in subsection (a) of Code Section 10-1395. (2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself, herself, or itself to be a charitable

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organization as defined by this paragraph. The term charitable organization shall not include a religious organization as defined in paragraph (12) (14) of this Code section. (3) 'Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph. (4) 'Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose. (5) 'Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion. (6) 'Contribution' means the promise or grant of any money or property of any kind or value. (7) 'Educational institution' means an entity organized and operated exclusively for educational purposes and which generally maintains a regular faculty and curriculum and generally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. (7)(8) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a persons business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (8)(9) 'Fundraising counsel' means any person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in within or from this state of contributions for a charitable organization, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fundraising counsel or advises a person to make a contribution or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel. (10) 'General public' or 'public' means any individual residing in the State of Georgia without a membership in or other bona fide relationship with a charitable organization. (9)(11) 'Membership' or 'member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term 'membership' or 'member' shall not be construed to apply to a person

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on whom an organization confers a membership solely as a consideration for making a contribution. (10)(12) 'Paid solicitor' means a person other than a commercial coventurer or charitable organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he or she employs, procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor. (11)(13) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (12)(14) 'Religious organization' means an entity which:
(A) Conducts regular worship services; or (B) Is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, under any circumstances, and that is not primarily supported by funds solicited outside its own membership or congregation. (13)(15) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' (14)(16) 'Solicitor agent' means any person, other than a charitable organization, paid solicitor, or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include any person who is an employee of a charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent. (15)(17) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands.
43-17-3. (a) No paid solicitor shall solicit contributions on behalf of a charitable organization within or from this state, unless such paid solicitor is a registered paid solicitor pursuant to this Code section.

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(b) A fundraising counsel who at any time has custody of contributions from a charitable solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement.
(c)(1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (d) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all

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pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; and (H) Whether the applicant or any general partner, limited partner, director, member, affiliate, solicitor agent, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and (I) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) Each executive officer of the applicant filing an application to register under this Code section shall submit a complete set of his or her fingerprints taken by an authorized law enforcement agency to the Georgia Bureau of Investigation, the Federal Bureau of Investigation, or a state or local law enforcement agency for processing a criminal history records check on the applicant. The Secretary of State and his or her staff are authorized to review the criminal history records information generated by the processing of the fingerprints. The Secretary of State may promulgate rules and regulations for the administration of this paragraph. (4) When an applicant has fully complied with the provisions of this Code section, the Secretary of State shall register such applicant as a paid solicitor, unless he or she finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge to act as a paid solicitor. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall notify the applicant of such registration. (3)(5) If the paid solicitor will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organization, the applicant shall attach to the application for registration as a paid solicitor a financial statement for the fiscal year of the applicant which ended within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles. (4)(6) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall examine each paid solicitors registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied and shall register such applicant as a paid solicitor unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct himself or herself in a manner as if registered until and unless such applicant is so notified.

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(5)(7) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant. (6)(8) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed; by the payment of the proper registration fee; and, if it would be required in the event of an initial application, by the filing of a financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles. (7)(9) The registration of a paid solicitor shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00. (e)(1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection. (2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue. (3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also

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provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue. (4) The stated percentages required by this subsection shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged. (f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The Secretary of State may provide that said filing be made, in whole or in part, through electronic means. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the campaign solicitation scripts utilized by employees, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out. The fee for filing such solicitation notice shall be $15.00. The Secretary of State may impose a late penalty of $50.00 for the failure to file a solicitation notice prior to the commencement of each solicitation campaign. (g) Within 30 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall contain the following information: (1) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and (3) The signature of the charitable organization and such other information as the Secretary of State by rule may require. The original of the report shall be forwarded to the charitable organization filed with the Secretary of State within the time prescribed above, and a copy shall be filed simultaneously with the Secretary of State. The Secretary of State may impose a late penalty not to exceed $500.00 for the failure to file an end of campaign report within the time prescribed above. (h) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account.

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(i)(1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge; (B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation; (C) A record of all contributions at any time in the custody of the paid solicitor; (D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment; (E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and (F) Such other records as may be prescribed by the Secretary of State by rule and regulation. (2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection: (A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and (B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she reasonably deems necessary for investigative or law enforcement purposes. (j) Not later than 30 90 days following the end of each solicitation campaign, the paid solicitor shall provide to the charitable organization, at no cost, a copy of all records described in subsection (i) of this Code section. In the event any such campaign exceeds six months in length, such records shall be provided, in addition, not less that 30 days following the end of each six-month period. (k) The Secretary of State shall have the authority to adopt rules and regulations regarding the registration of paid solicitors conducting Internet solicitations.
43-17-3.1. (a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor pursuant to a written agreement with a paid solicitor or charitable organization which is either registered or exempt from registration.
(b)(1) A solicitor agent shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may

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be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (c) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant; (B) The address of each place of business of the applicant; (C) The name and address of the paid solicitor or charitable organization with which the solicitor agent will be affiliated by employment or as an independent contractor; (D) If the solicitor agent is to be an independent contractor, a copy of the contract setting forth the terms and conditions thereof; (E) A list of any other states in which the applicant is registered as a paid solicitor agent and, if any registration of the applicant under the charitable solicitation law of any state has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (F) Whether the applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; (G) Whether the applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and (H) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application. (3) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified. (4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the

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grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant. (5) Every registration under this Code section shall expire on December 31 of each year. The registration of a solicitor agent must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed, and by the payment of the proper registration fee. (6) The registration of a solicitor agent shall be promptly amended to reflect a change of name or address or other changes in the information previously provided to the Secretary of State. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (c) The fee for the initial registration of a solicitor agent shall be $50.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $50.00.
43-17-4. (a) An applicant for registration as a paid solicitor who will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organizations shall file with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Such an applicant for renewal of registration as a paid solicitor shall also file such bond. Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall not register such an applicant or renew the registration of such an applicant until such bond is filed as provided in this subsection. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principals registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability. (b) The requirement for filing of such bond by an applicant for registration or renewal of registration as a paid solicitor shall not be applicable if the applicant for registration or renewal of registration as a paid solicitor has deposited in trust with the Secretary of State:

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(1) A certificate of deposit or letter of credit evidencing a deposit with a financial institution satisfactory to the Secretary of State in the amount of $10,000.00 payable to the applicant and assigned to the Secretary of State; (2) An irrevocable letter of credit addressed to the Secretary of State in the amount of $10,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this chapter; or (3) Obligations of the United States, an agency thereof, or the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $10,000.00. (c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicants registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be released except upon application to and the written order of the Secretary of State. The Secretary of State shall have no liability for any such release of any deposit or part thereof made by him or her in good faith. The Secretary of State may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment creditor or other claimant of the applicant shall levy upon any deposit held pursuant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his or her recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided in subsection (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action. (d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicants registration has expired or been revoked, then such deposits shall be

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released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicants registration, the Secretary of State shall pay such residue to the applicant, taking his or her receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or disposing of the entire deposit. If more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgments, in the order in which the judgment creditors petitioned the Superior Court of Fulton County. (e) Anything in this Code section to the contrary notwithstanding, the Secretary of State shall comply with any order of a Georgia or United States court of competent jurisdiction to turn over any deposit held by him or her pursuant to subsection (a) of this Code section or the proceeds from any bond held by him or her pursuant to subsection (a) of this Code section to a trustee or receiver for the use and sole benefit of persons on whose behalf the Secretary of State holds such deposit or proceeds.
43-17-5. (a) It shall be unlawful for any person to solicit or accept charitable contributions from any person in this state unless the charitable organization on whose behalf such contributions are being solicited is:
(1) Subject to an effective registration statement under this chapter; or (2) Exempt from registration pursuant to Code Section 43-17-9.

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(b)(1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalf by other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement, which the Secretary of State may require to be in whole or in part an electronic filing, shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit contributions; (B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors; (C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor; (D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used; (F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require. (3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18. (4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountants review report, prepared in accordance with generally accepted accounting principles as of a date

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within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. (5) Each executive officer of the applicant filing an application to register under this Code section shall submit a complete set of his or her fingerprints taken by an authorized law enforcement agency to the Georgia Bureau of Investigation, the Federal Bureau of Investigation, or a state or local law enforcement agency for processing a criminal history records check on the applicant. The Secretary of State and his or her staff are authorized to review the criminal history records information generated by the processing of the fingerprints. The Secretary of State may promulgate rules and regulations for the administration of this paragraph. (6) When an applicant has fully complied with the provisions of this Code section, the Secretary of State shall register such applicant as a charitable organization, unless he or she finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge to act as a charitable organization. When the Secretary of State has registered an applicant as a charitable organization, he or she shall notify the applicant of such registration. (5)(7) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizational instrument within 30 days after adoption. (6)(8) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers or members in the case of a limited liability company as he or she may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. (7)(9) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he or she shall immediately notify the applicant of such registration. (8)(10) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the

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grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization. (9)(11) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountants review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office. (10)(12) The registration of a charitable organization shall be amended within 30 days to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.

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(c) The fee for the initial registration of a charitable organization shall be $25.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00. (d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly or indirectly to the charitable organization, the date and amount of the contribution, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited contributions. (e) All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she deems reasonably necessary for investigative or law enforcement purposes. (f) A charitable organization shall maintain for not less than three years at an office located in Georgia or, if it has no office in Georgia, its principal office all records provided to it by any paid solicitor relating to any solicitation campaign. The charitable organization shall notify the Secretary of State of the address of the office at which such records are kept. (g) Funds received as charitable donations shall not be invested in or loaned to any individual, any business venture controlled by the charitys paid solicitor, or an affiliate of any of these persons or entities. (h) The Secretary of State shall have the authority to adopt rules and regulations regarding the registration of charitable organizations conducting Internet solicitations.
43-17-6. (a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in on its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
(1) The goods or services to be offered to the public; (2) The geographic area where, and the starting and final date when, the offering will be made; (3) The manner in which the charitable organizations name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization; (4) If applicable, the maximum dollar amount that will benefit the charitable organization;

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(5) The estimated number of units of goods or services to be sold or used; (6) A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made; (7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and (8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization. (b) The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date. (c) All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.
43-17-7. (a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in within or from this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that states law would constitute a violation of this chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:

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(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions for a charitable organization; (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (D) Involves murder or rape; or (E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals; (5) Has knowingly employed a solicitor agent who within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds: (A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions for a charitable organization; (C) Involves larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (D) Involves murder or rape; or (E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals; (5)(6) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6)(7) Is the subject of an order of the Secretary of State denying, suspending, or revoking the persons registration as a charitable organization or paid solicitor; (7)(8) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8)(9) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State may provide for the reinstatement of the registration or the suspension of a fine or penalty at such time as the deficiency is corrected; or (10) Has failed to comply with a subpoena or order issued by the Secretary of State. (b) The Secretary of State may not begin a proceeding solely on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration Except in a proceeding where fraud or deceit is alleged, the Secretary of State may not

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begin a proceeding under this Code section based solely on material facts actually known by the Secretary of State unless an investigation or the proceeding is instituted within one year after the Secretary of State actually acquires knowledge of the material facts. (c) If the Secretary of State finds that an applicant or registered person is no longer in existence; has ceased to do business as a paid solicitor or charitable organization; is adjudicated mentally incompetent or subjected to the control of a committee, conservator, or guardian; or cannot be located after reasonable search, the Secretary of State, by order, may deny the application or revoke the registration. (d) The Secretary of State may at any time require a charitable organization or paid solicitor to file with him or her a financial statement showing its financial condition as of the most recent practicable date, but such financial statement need not be certified.
43-17-8. Every charitable organization, paid solicitor, or solicitor agent or paid solicitor required to be registered under this Code section and soliciting in this state or any solicitor agent soliciting within or from this state shall include the following disclosures at the point of solicitation:
(1) The name and location of the paid solicitor and solicitor agent, if any; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be made available upon request:
(A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid person on behalf of the charitable organization and not by a volunteer.
43-17-9. (a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8:
(1) Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 501(c) of the Internal Revenue Code of 1986, as amended; (2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;

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(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons without any form of compensation and which solicitation is confined to their membership; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded; (5) Any charitable organization whose total gross revenue has contributions received from contributors residing in the State of Georgia have been less than $25,000.00 for both the immediately preceding and current calendar years or which is exempt from filing a federal annual information return pursuant to Section 6033(a)(2)(A)(i) and (iii) of the Internal Revenue Code and Section 6033(a)(2)(C)(i) of the Internal Revenue Code; (6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; (7) Religious organizations; or (8) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions. (b) Local community Community, local, and state-wide organizations or local fundraising campaign managers affiliated with or acting for a on behalf of a registered or exempt state-wide or national parent organization by contract or agreement need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The single registration of the state-wide or national parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5. (c) National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of

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State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. (d) Charitable organizations which do not solicit or receive contributions from the general public other than through affiliated organizations registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. (e) Local or community organizations affiliated with or acting on behalf of a state-wide or national civic organization whose fundraising activities are conducted by unpaid members of the organization need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. (e)(f) The Secretary of State is authorized to exempt, by rule, regulation, or order, such entities and organizations from the registration provisions of Code Section 43-17-5 as he or she deems necessary and appropriate in the public interest.
43-17-10. (a) The administration of this chapter shall be vested in the Secretary of State. (b) The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to assisting those administrators in the enforcement of such laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Secretary of State is authorized to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him or her may require. The Secretary of State is also authorized to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, necessary for the administration and enforcement of this chapter. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The Secretary of State or any persons employed by him or her shall be paid, in addition to their regular compensation, the transportation fare, board, lodging, and other

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traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Secretary of State may delegate such of his or her powers and duties under this chapter as he or she desires to a division director in his or her office. Such division director, when duly appointed, shall be the ultimate decision maker in all contested case hearings held pursuant to Code Section 43-17-16 and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) The Secretary of State may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods. (h) Except as provided in subsection (i) of this Code section, information and documents filed with or obtained by the Secretary of State are public information and are available for public examination. (i) The following information and documents do not constitute public information under subsection (h) of this Code section and shall be confidential:
(1) Information or documents obtained by the Secretary of State in connection with an investigation under Code Section 43-17-11; and (2) Any document or record specifically designated as confidential in accordance with this chapter or the rules and regulations promulgated under this chapter.
43-17-11. (a) The Secretary of State, in enforcing this chapter, may:
(1) Make such public or private investigations within or outside of this state as he or she deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and (3) Publish information concerning any violation of this chapter or any rule, regulation, or order under this chapter. (b)(1) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigation, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses. For such purposes the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Such subpoenas may be served by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressees business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in

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custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid. (2) The Secretary of State may issue and apply to enforce subpoenas in this state at the request of the administrator of the charitable solicitation laws of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state. (c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) In the case of any investigation or examination conducted under this Code section, the Secretary of State may appoint an investigative agent or examiner to conduct the investigation or examination who shall have the same powers and authority granted to the Secretary of State under this Code section. The investigative agent or examiner shall possess such qualifications as the Secretary of State may require. All recommendations of the investigative agent or examiner shall be advisory only and shall not have the effect of an order of the Secretary of State. (e) In any case where investigations or examinations are conducted by an investigative agent or examiner, he or she shall submit to the Secretary of State a written report, including the transcript of the testimony in evidence if requested by the Secretary of State and the findings and recommendations of the action to be taken by the Secretary of State. The recommendation of the investigative agent or examiner may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct an investigative agent or examiner to conduct further investigation or take additional testimony or acquire further documentary evidence as may be necessary. (f) In addition to any other hearings and investigations that the Secretary of State is authorized or required by this chapter to hold, the Secretary of State is also authorized to hold general investigative hearings on his or her own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by any person designated by the Secretary of State for that purpose and may be transcribed by the Secretary of State or by any other interested party. No formal action may be taken as a result of such investigative hearing, but the Secretary of State may take such action as he or she deems appropriate, based on the information developed in the hearing and on any other information that he or she may have. (g) To encourage uniform interpretation and administration of this chapter and effective charitable solicitation regulation and enforcement, the Secretary of State may cooperate with the charitable regulatory agencies or administrators of one or more states, Canadian provinces or territories, another country, the Federal Trade

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Commission, any self-regulatory organization, any national or international organization of charitable regulatory officials or agencies, and any governmental law enforcement or regulatory agency. Said cooperation includes, but is not limited to, the following actions:
(1) Making a joint registration examination or investigation; (2) Holding a joint administrative hearing; (3) Filing and prosecuting a joint civil or administrative proceeding; (4) Sharing and exchanging personnel; (5) Sharing and exchanging information and documents subject to the restrictions of this Code section; (6) Formulating, in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' rules or proposed rules on matters such as statements of policy, guidelines, and interpretative opinions and releases; and (7) Participating in any multistate regulatory investigation or proceeding and participating in any financial or regulatory settlement resulting therefrom. (h) The Secretary of State may disclose such information or documents obtained in connection with an investigation under this Code section if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding whether by the Secretary of State or any governmental agency with regulatory or law enforcement powers. Any agency with charitable regulatory or law enforcement powers receiving such information or documents must represent that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information. (i) The records of a charitable organization or paid solicitor registered or required to be registered under this chapter are subject to such reasonable periodic, special, or other audits, examinations, or inspections by a representative of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest. Such audit, examination, or inspection may be made at any time and without prior notice. The Secretary of State may copy and remove such copies from the premises for audit, examination, or inspection all records the Secretary of State reasonably deems necessary or appropriate to conduct such audit, examination, or inspection under this chapter. (d) In addition to any other hearings and investigations which the Secretary of State is authorized or required by this chapter to hold, the Secretary of State is also authorized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by a person designated by the Secretary of State for that purpose and may, but need not be, transcribed by the Secretary of State or by any other interested party. No formal action may be taken as a result of such investigative hearings, but the Secretary of State may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have. (e)(j) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975,' in

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enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator has initiated a civil or administrative proceeding in connection with a joint investigation under this subsection he or she may publish information concerning any violation of this chapter or Part 2 of Article 15 of Chapter 1 of Title 10, known as the 'Fair Business Practices Act of 1975.' (f) To encourage uniform interpretation and administration of this chapter and effective regulation and enforcement, the Secretary of State may cooperate with state law enforcement or regulatory agencies and agencies or administrators of one or more states, Canadian provinces or territories, another country, appropriate federal agencies, any national or international organization of officials or agencies, and any governmental law enforcement or regulatory agency. Such cooperation includes, but is not limited to, making a joint registration examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging personnel; sharing and exchanging information and documents; and disclosing information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a local, state, or federal law enforcement or regulatory agency and the receiving agency presents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information.
43-17-12. (a) It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter. (b) It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor or charitable organization or is an affiliate of such registrant or applicant knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect make or cause to be made to the Secretary of State or anyone acting on his or her behalf any written or oral statement or statements which the person knows to contain any untrue statement of material or fact to omit to state a material fact necessary in order to make any statement or statements made, in light of the circumstances under which they were made, not misleading. (c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly:

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(1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization; (2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person; (3) To misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his or her name for these purposes; (4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state; (5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this chapter; (6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or (7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation. (d) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; (2) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (3) To misrepresent or mislead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of such solicitation or charitable sales promotion will be used for charitable purposes if such is not the fact; or (4) To misappropriate, convert, illegally withhold, or fail to account for any charitable contributions solicited by, or on behalf of, any charitable organization required to be registered pursuant to this chapter. (e) It shall be unlawful for any paid solicitor to have physical possession or legal control of a contribution collected by it in or from this state on behalf of any charitable organization without having complied with the requirements of paragraph (3) (5) or (6) (8) of subsection (c) of Code Section 43-17-3, as applicable, and Code Section 43-17-4.

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43-17-13. (a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter or has failed to comply with a subpoena or order, including an order to produce documents, issued by the Secretary of State, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs and may:
(1) Impose administrative sanctions or remedies as provided in this paragraph:, (A) Subject subject to notice and opportunity for hearing in accordance with Code Section 43-17-16, unless the right to notice is waived by the person against whom the sanction or remedy is imposed, and the Secretary of State may: (i)(A) Issue a cease and desist order against any person; (ii)(B) Censure the person if the person is registered as a paid solicitor; (iii)(C) Bar or suspend the person from association with a paid solicitor or charitable organization; or (iv)(D) Issue an order against a paid solicitor person who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings in an amount the Secretary of State deems to be in the public interest considering, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated thereunder or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (E) Issue an order for the appointment of an individual qualified by education and experience as an auditor, examiner, or regulatory monitor; or (F) Impose such other relief as the Secretary of State deems just and equitable; (B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the Secretary of State revokes the registration of a charitable organization or paid solicitor or bars a person from association with a charitable organization or paid solicitor under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and (ii) The imposition by the Secretary of State of one or more sanctions under this paragraph with respect to a specific violation precludes the Secretary of State from later imposing any other sanctions under this paragraph with respect to the violation; (C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the Secretary of State shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated under this

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chapter or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court: (A) Upon a showing by the Secretary of State that a person has violated this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, may enter or grant:
(i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus; (ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings in an amount the court finds to be in the public interest considering, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated thereunder or an order of the Secretary of State, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (iii) A declaratory judgment; (iv) Restitution to contributors; (v) An order of disgorgement; (vi) The appointment of a receiver, auditor, or conservator for the defendant or the defendants such person or such persons assets; or (vii) Other Such other relief as the court deems just and equitable; (B) May, upon a showing by the Secretary of State that the defendant is about to violate this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, issue: (i) A temporary restraining order; (ii) A temporary or permanent injunction; (iii) A writ of prohibition or mandamus; or (iv) Such other relief as the court deems just and equitable; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the Secretary of State under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated under this chapter, or an order of the Secretary of State; or (D) Upon a showing by the charitable solicitations regulatory agency or administrator of another state that a person has violated the charitable solicitations law of that state, a rule promulgated thereunder, or an order of said agency or administrator, in addition to any other legal or equitable remedies, may impose one or more of the following remedies: (i) The appointment of a receiver, auditor, examiner, monitor, conservator, or ancillary receiver or conservator for such person or such persons assets located in this state; and (ii) Such other relief as the court deems just and equitable; or

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(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary such criminal or other proceedings as may be appropriate. (b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the courts subpoena requiring: (1) The appearance forthwith of any defendant and the defendants person and such persons agents, employees, partners, officers, or directors or the members of a defendant limited liability company; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon consideration of the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the citizens as the facts may warrant. (c) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant person where it has been established: (1) That the defendant person has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state; (2) That the defendant person is outside this state or is actually removing or about to remove himself or herself or his or her property outside the limits of this state or conceals himself or herself or his or her property; or (3) That the appointment of the receiver is necessary to preserve the assets of the defendant such person for the benefit of citizens of the state damaged by the defendants such persons violations of this chapter. (d) When a receiver is appointed by the court pursuant to this chapter, he or she shall have the power to bring an action for, collect, receive, and take into his or her possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by any means in violation of this chapter, including property with which such property has been mingled. He or she shall have the power to sell, convey, and assign the same and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the courts subpoena requiring: (1) The appearance forthwith of any defendant or the defendants person or such persons agents, employees, partners, officers, or directors or the members of a defendant limited liability company; and (2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.

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(f) In the event that civil penalties are imposed by the Secretary of State under this Code section, the Secretary of State may, to collect such penalties, act under any or all of the following paragraphs:
(1) In addition to any other method provided by law for the collection of civil penalties imposed pursuant to paragraph (1) of subsection (a) of this Code section, any civil penalty assessed by any order entered after July 1, 2004, not paid when due, including any interest and costs thereon, may be collected by the Secretary of State by and with the same authority as is contained in Code Section 48-2-55, providing for the collection of taxes by the state Department of Revenue. If any civil penalty imposed by this chapter is not paid within ten days after notice and demand from the Secretary of State, the Secretary of State may issue an execution or writ of fieri facias directed to any levying officer designated by the Secretary of State, the sheriff, or the lawful deputies of the sheriff of any county of the state, requiring such officer to levy upon and sell the real or personal property of the person liable for such civil penalty found within such officers county in sufficient amount to satisfy the execution so issued, together with interest at the legal rate and all costs of executing and collecting said execution, and to return such execution to the Secretary of State, together with all such sums collected under and by virtue thereof, by a time to be therein specified, not more than 60 days from the date of the execution; (2) Nothing contained in this Code section shall prevent the Secretary of State from having the execution or writ of fieri facias entered upon the general execution docket prior to the time the execution is turned over to a levying officer designated by the Secretary of State for collection. The Secretary of State may file the execution with the clerk of any superior court of any county in this state. It shall then be the duty of the clerk of the superior court to enter the execution on the general docket of the superior court of said county in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by a superior court of this state; (3) The amount of any civil penalty not paid when due, including any interest and costs, shall constitute a lien upon all property and rights to property and upon all after acquired property and rights to property, both real and personal, of the person liable for such civil penalty. The lien shall attach and be perfected as of the date such civil penalty becomes due; provided, however, the lien shall not be preserved against purchasers, judgment creditors, pledges, subsequent tax liens, or other liens or encumbrances until an execution for such penalties has been entered on the general execution docket. When the execution for such penalties has been issued and docketed, the lien shall be a perfected lien upon all property and rights to property, both real and personal, of the person liable in each county in which such execution is docketed; and (4) In aid of collection or execution, the Secretary of State may do any or all of the following:

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(A) Examine any person, including the person liable, by taking depositions or propounding interrogatories in the manner provided for in Chapter 11 of Title 9, the 'Georgia Civil Practice Act'; (B) Compel the production of documents or other items in the manner provided for in Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' for such discovery measures prior to judgment; or (C) Provide for collection by contingent fee not to exceed one-third of the amount collected, to be paid from the civil penalties, including interest and costs, actually collected.
43-17-14. (a) Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorneys fees may be awarded in cases of intentional violations of this chapter. (b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages.
43-17-15. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violators principal place of business in this state, in the county of the charitable organizations principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation.
43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he an order under this chapter, he or she shall promptly send to the charitable organization or paid solicitor a notice of hearing or a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension under this chapter, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of hearing or a notice of opportunity for hearing except as otherwise provided in this chapter. Hearings under this chapter shall be conducted pursuant to this Code section and may be conducted by the Secretary of State or a person the division director designated by the Secretary of State.

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(b) Notices of hearing or notices of opportunity for hearing shall be served by investigators any agent appointed by the Secretary of State or sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressees business mailing address. Such or residential address as shown on information filed with the Secretary of State or directed for service to the sheriff of the county where such person resides or is found, and such notice shall state:
(1) The order which has been issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That The date, place, and time of hearing or that the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the The date set for such hearing shall be within 15 30 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting the hearing or upon his or her own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. The subpoenas may be served by registered or certified mail or statutory overnight delivery, return receipt requested, to the addressees business mailing address or residential address as shown on information filed with the Secretary of State or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid. (e)(1) At any hearing conducted under this Code section, a party or any affected person may appear in his on his or her own behalf or may be represented by an attorney. (2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken. (3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the

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Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing. (f)(1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State. (2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require. (3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his attorney or other representative of record by registered or certified mail or statutory overnight delivery. That person or his attorney, within ten days of service of the copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered. (4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recommendations as provided in this subsection. (5) The recommendations of the referee may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct his referee to take additional testimony or to permit the introduction of further documentary evidence. (6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State. (7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g)(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall: (1) Set forth his or her findings with respect to the matters involved; and (2) Enter an order in accordance with his or her findings. (g) All orders entered pursuant to Code Sections 43-17-3, 43-17-5, and 43-17-13 shall be entered pursuant to this Code section, except where, notwithstanding any other provision of this chapter: (1) The Secretary of State deems that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the

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order, in which case the order may be effective immediately pending proceedings, which proceedings shall be promptly instituted and determined; or (2) The order is expressly required, by a judgment or a statute, to be made without the right to a hearing or continuance of any type.
43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken; (2) The ground upon which a reversal or modification of the order is sought; and (3) A demand for a certified transcript of the record of the order. (b) Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant, within five days after receipt of the transcript, shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellants complaint. The complaint shall thereupon be entered on the trial calendar of the court. (c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained.
43-17-18. Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail or statutory overnight delivery to the persons against whom such process or pleadings are directed at his or her latest address on file in the office of the Secretary of State.

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43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator to take any action under the 'Fair Business Practices Act of 1975' regarding unfair and deceptive acts or practices in a solicitation or in solicitations.
43-17-20. For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
43-17-21. (a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception. (b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception. (c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced. (d) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with this chapter, shall constitute primafacie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action.
43-17-22. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence of the commission of a crime or violation of this chapter, notwithstanding any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred.

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43-17-23. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor. (b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 $10,000.00 or imprisonment for not less than one nor more than five years, or both. (c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law."
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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster 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 Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch.

Y 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 Morgan Y Thomas, A.M Y Thompson
Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

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

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

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

Y Royal Y Rynders
Sailor Y Scott Y Shaw N Sheldon

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 8.
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 "aye" thereon.

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

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

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

Y Day Y Dean Y Deloach
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 E Hudson Y Hugley Y Jackson Y James Y Jamieson

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 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 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 E Cooper Y Crawford Y Cummings

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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 Jenkins, C Y Jenkins, C.F 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 E McCall Y McClinton Y Millar Y Mills

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

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Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 172, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1118 Do Pass

Respectfully submitted, /s/ McBee of the 74th
Chairman

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Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1156 Do Pass, as Amended

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 981 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 365 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HR 990. By Representatives Purcell of the 122nd, Coleman of the 118th, James of the 114th, Ray of the 108th and Greene of the 134th:
A RESOLUTION recognizing 4-H Day at the state capitol and inviting Nekeisha Randall, Dr. Roger C. (Bo) Ryles, and Dr. Gale A. Bushanan to appear before the House of Representatives; and for other purposes.

The following communications were received:

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

January 21, 2004

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE SEVENTH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT SEVENTH DISTRICT STATE

TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Seventh Congressional District. Such caucus will be held in the Senate

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Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 28, 2004, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Seventh Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Seventh Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:df

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

January 21, 2004

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE NINTH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT NINTH DISTRICT STATE

TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Ninth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 28, 2004, at 3:30 P.M.

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

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239

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

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

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Representative Hall, Atlanta, Georgia Tuesday, January 27, 2004

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 E Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Campbell Casas Chambers Channell Childers Coleman, B E Cooper Crawford

Cummings Day Deloach Dodson Dollar Dooley Douglas Drenner Epps Fleming Floyd, J Forster Franklin Gardner Golick Graves, D Graves, T Greene Hanner Harbin Harrell Heard, J Heard, K Heath Hembree E Henson Hill, C Hill, V Hines

Houston Howard Howell E Hudson Hugley Jackson James Jamieson Jenkins, C.F Jones Jordan E Joyce Knox Lane Lewis Lord Lunsford Mangham Manning Marin Martin Maxwell E McCall Millar Mills Mitchell Moraitakis Morris

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

Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas Morgan Thompson Walker, 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 Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Bordeaux of the 125th; Burmeister of the 96th; Butler of the 88th, Post 1; Coan of the 67th, Post 1; Dukes of the 136th; Elrod of the 25th; Floyd of the 69th, Post 2; Fludd of the 48th, Post 4; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Holmes of the 48th, Post 1; Jenkins of the 93rd; Lucas of the 105th; Maddox of the 59th, Post 2; Massey of the 24th; McBee of the 74th; Mobley of the 58th; Powell of the 23rd; Ray of the 108th; Rice of the 64th; Rogers of the 20th; Sheldon of the 71st, Post 2; Smyre of the 111th;

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241

Stanley-Turner of the 43rd, Post 2; Stephens of the 124th, Post 2; Thomas of the 43rd, Post 1; and Walker of the 71st, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Olujimi Brown, Pastor, Cascade United Methodist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

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

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

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

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HB 1209. By Representatives Floyd of the 132nd and James of the 114th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; and for other purposes.

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

HB 1210. By Representatives Lucas of the 105th, Royal of the 140th, Porter of the 119th, Greene of the 134th and Skipper of the 116th:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general organization of the executive branch of state government, so as to change provisions relating to requirements for certain privatization contracts; to change provisions for required notice; to require a competitive bidding or proposal process for such contracts; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1211. By Representative Richardson of the 26th:
A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning plans by certain counties, so as to provide that no municipality may annex property in which certain services are provided by the county or which is included in the county's comprehensive zoning plan unless the county consents; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1212. By Representatives Heard of the 75th and McBee of the 74th:
A BILL to amend Code Section 48-7-40.12 of the Official Code of Georgia Annotated, relating to the state income tax credit for qualified research

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243

expenses, so as to change the manner of calculating the base amount with respect to such credit; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1213. By Representatives Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Sims of the 130th, Roberts of the 131st, Oliver of the 121st, Post 2 and others:
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 under the "Quality Basic Education Act," so as to require an athletic association to permit a high school to change its region or its classification if such school is required to travel more than 100 miles for an athletic competition; and for other purposes.

Referred to the Committee on Education.

HB 1214. By Representatives Crawford of the 91st and Jenkins of the 93rd:
A BILL to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from crimes regarding carrying weapons without a license, so as to provide an exemption for the clerk of the Supreme Court and the clerk of the Court of Appeals; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1215. By Representative Richardson of the 26th:
A BILL to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring application for appeal, contents, filing, and service of application, exhibits, response by opposing party, issuance of appellate court order regarding appeal, procedure, supersedeas, and jurisdiction of appeal, so as to provide that the provisions of such Code section shall not apply to appeals of cases involving zoning or land use issues; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1216. By Representatives Franklin of the 17th, Snow of the 1st, Joyce of the 2nd, Chambers of the 53rd, Hill of the 81st and others:
A BILL to amend Code Section 35-8-21 of the Official Code of Georgia Annotated, relating to training requirements for peace officers, so as to change such requirements with respect to retired peace officers; and for other purposes.

Referred to the Committee on Public Safety.

HB 1217. By Representatives Channell of the 77th and Douglas of the 73rd:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; and for other purposes.

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

HB 1218. By Representatives Borders of the 142nd, Greene of the 134th, Childers of the 13th, Post 1, Moraitakis of the 42nd, Post 4 and Black of the 144th:
A BILL to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to require employees at an inbound call center to disclose the employee's name, the name of his or her employer, and the physical location of such employee; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1219. By Representatives Borders of the 142nd, Boggs of the 145th and Black of the 144th:

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A BILL to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for enhanced penalties for certain offenses against county or municipal officers or employees; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1220. By Representatives Stephens of the 123rd, Parham of the 94th, Graves of the 106th and Parrish of the 102nd:
A BILL to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide that certain prescription drugs sold in this state for use with humans and subject to a maximum manufacturer's price schedule established by the Public Service Commission shall not be subject to certain prior approval requirements; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1221. By Representatives Buck of the 112th, Snow of the 1st, Crawford of the 91st, Jenkins of the 93rd and Hill of the 81st:
A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to revise the law and punishment relating to refusing to stop or fleeing or attempting to elude a police officer; to define offenses and provide for punishment; and for other purposes.

Referred to the Committee on Public Safety.

HB 1222. By Representatives Oliver of the 56th, Post 2 and Stokes of the 72nd:
A BILL to amend Code Section 9-15-11 of the Official Code of Georgia Annotated, relating to inclusion of costs in a judgment, so as to specify the types of costs which may be included in a judgment; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1223. By Representative Jamieson of the 22nd:
A BILL to provide a new charter for the City of Homer; and for other purposes.

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

HB 1224. By Representatives Dollar of the 31st, Richardson of the 26th and Keen of the 146th:
A BILL to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a conference committee may make changes to an appropriations bill only by an amendment for each line item which has been distributed to the membership for at least 24 hours; and for other purposes.

Referred to the Committee on Rules.

HB 1225. By Representatives White of the 3rd, Post 2, Rogers of the 15th, Ralston of the 6th, Forster of the 3rd, Post 1, Williams of the 4th and others:
A BILL to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying of weapons in school safety zones, at school functions, or on school property, so as to exclude from Code Section16-11127.1 law enforcement officers attending school as students; school employees and administrators; firefighters and emergency medical and rescue personnel; and standard motor vehicle equipment and tool kits; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1226. By Representatives White of the 3rd, Post 2, Graves of the 10th, Rogers of the 15th, Ralston of the 6th, Brock of the 5th and others:

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A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to change certain provisions regarding the exclusion applicable to military income; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1227. By Representatives Westmoreland of the 86th, Jones of the 38th, Millar of the 52nd, Coleman of the 65th and Jamieson of the 22nd:
A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide exemption for a primary caregiver of a child who is four years of age or younger; to provide an exemption for a primary teacher of children in a home study program; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1228. By Representatives Smith of the 87th, Powell of the 23rd, DeLoach of the 127th and Boggs of the 145th:
A BILL to amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, so as to authorize the use of the boundaries of a gated community or planned unit development as the boundaries of a precinct; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1:
A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

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1/26/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1229. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Barnes District 84, Post 2

Referred to the Committee on Special Judiciary.

HB 1230. By Representatives Lane of the 101st and Elrod of the 25th:
A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

HB 1231. By Representatives Beasley-Teague of the 48th, Post 2, Mobley of the 58th, Brooks of the 47th and Dean of the 49th:
A BILL to amend Code Section 36-71-3 of the Official Code of Georgia Annotated, relating to the imposition of development impact fees, so as to provide for the imposition of a sewer connection, reconstruction, and improvement fee; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1232. By Representatives Beasley-Teague of the 48th, Post 2, Mobley of the 58th, Lunsford of the 85th, Post 2, Brooks of the 47th, Stokes of the 72nd and others:

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A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit accident and sickness insurers from limiting the availability of such insurance based upon geographic location or ZIP code; and for other purposes.

Referred to the Committee on Insurance.

HB 1233. By Representatives Teilhet of the 34th, Post 2, Ashe of the 42nd, Post 2, Stoner of the 34th, Post 1, Oliver of the 56th, Post 2 and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, so as to provide for peace officer training in the investigation of sexual offense cases; and for other purposes.

Referred to the Committee on Public Safety.

HB 1234. By Representatives Black of the 144th, Ray of the 108th, James of the 114th, Crawford of the 91st, Roberts of the 131st and others:
A BILL to amend Code Section 26-2-411 of the Official Code of Georgia Annotated, relating to licensing and inspection of mobile meat, poultry, or seafood sale vehicles, so as to change a license expiration date; and for other purposes.

Referred to the Committee on Agriculture and Consumer Affairs.

HB 1235. By Representatives Roberts of the 131st, Floyd of the 132nd, Smith of the 13th, Post 2, Royal of the 140th, Westmoreland of the 86th and others:
A BILL to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to weight of vehicle and load, so as to change certain provisions relating to weight limitations for certain types of vehicles; and for other purposes.

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Referred to the Committee on Transportation.

HB 1236. By Representatives Dollar of the 31st, Moraitakis of the 42nd, Post 4 and Golick of the 34th, Post 3:
A BILL to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to change the provisions relating to free tasting of malt beverages during educational and promotional brewery tours; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 1237. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees' Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; and for other purposes.

Referred to the Committee on Retirement.

HR 1034. By Representatives Smith of the 110th, Buck of the 112th, Smith of the 13th, Post 2, Hugley of the 113th and Buckner of the 109th:
A RESOLUTION designating the Purple Heart Highway; and for other purposes.

Referred to the Committee on Transportation.

HR 1035. By Representative Anderson of the 100th:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke j Veterans Parkway; and for other purposes.

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251

Referred to the Committee on Transportation.

HR 1037. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Mobley of the 58th, Lunsford of the 85th, Post 2, Brooks of the 47th and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia to lower its student fees; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201

HB 1202 HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HR 1029 HR 1030 SR 560

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1191. By Representative Channell of the 77th:
A BILL to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures of property relative to controlled substances violations, so as to authorize use of proceeds for a state law enforcement museum; and for other purposes.

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

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

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

Y 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, C Y Jenkins, C.F N Jones Y Jordan E Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

On the motion the ayes were 97, nays 55. The motion prevailed.

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y 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 Y Sims
Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P
Smith, T N Smith, V Y Smyre
Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1201. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:

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253

A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports; and for other purposes.

The motion prevailed.

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

HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

The motion prevailed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 563. By Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th and Stephens of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the people have the right to hunt, fish, and harvest game, subject

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only to reasonable restrictions as the General Assembly may prescribe by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:

SR 563. By Senators Johnson of the 1st, Mullis of the 53rd, Williams of the 19th and Stephens of the 51st:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the people have the right to hunt, fish, and harvest game, subject only to reasonable restrictions as the General Assembly may prescribe by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Game, Fish & Parks.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Appropriations and referred to the Committee on Motor Vehicles:

HR 614. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Georgia War Veterans Nursing Home Trust Fund from which funds shall be disbursed for enhancement of the state's veterans nursing homes and the provision of care to residents of such homes; and for other purposes.

Representative Hines of the 35th arose to a point of personal privilege and addressed the House.

Representative Burmeister of the 96th arose to a point of personal privilege and addressed the House.

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255

Representative Graves of the 10th arose to a point of personal privilege and addressed the House.

Representative Lunsford of the 85th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Cummings of the 19th arose to a point of personal privilege and addressed the House.

Representative Amerson of the 9th 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 1042. By Representatives Ray of the 108th, James of the 114th, Roberts of the 131st, Houston of the 139th, Greene of the 134th and others:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

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

HR 981. By Representatives Bruce of the 45th, Mosby of the 59th, Post 3, StanleyTurner of the 43rd, Post 2, Brooks of the 47th, Heckstall of the 48th, Post 3 and others:
A RESOLUTION recognizing Spelman College, proclaiming Spelman College Day in the State of Georgia, and inviting Dr. Beverly Daniel Tatum to appear before the House of Representatives; and for other purposes.

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

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HB 677.

By Representatives Smith of the 87th, Greene of the 134th, Royal of the 140th, Westmoreland of the 86th, Golick of the 34th, Post 3 and others:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime in certain circumstances; and for other purposes.

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

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

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

Y Day Y 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 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 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 E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan E 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 Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Morris
Y Mosby Mosley
Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice 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
Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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257

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

Due to a mechanical malfunction, the vote of Representative Hudson of the 95th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Mosley of the 129th, 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 1118. By Representative McBee of the 74th:
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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

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

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H 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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen

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

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

258
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 E 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
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 Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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 Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

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

Representatives Mosley of the 129th, Post 1 and Purcell of the 122nd 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 365. By Representative Reece of the 11th:
A BILL to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the green tree frog as the official state amphibian; and for other purposes.

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

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

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

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

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

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

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

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

TUESDAY, JANUARY 27, 2004

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

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

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 Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

259
Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E 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.

Representatives Hill of the 147th and Smith of the 76th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1058. By Representatives Bruce of the 45th, Williams of the 128th, Murphy of the 97th, Mosby of the 59th, Post 3, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Parental Leave Act"; to provide that an employee who is a parent of a child or children enrolled in a local school system shall be permitted time off from his or her employment to attend a school related event; and for other purposes.

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JOURNAL OF THE HOUSE

The following Committee substitute was read:

A BILL
To amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, so as to enact the "Parental Leave Act"; to provide that an employee who is a parent of a child or children enrolled in a local school system shall be permitted time off from his or her employment to attend a school related event; to provide for stipulations; to provide that an employer may not discriminate against an employee for taking leave in order to attend a school related event; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Parental Leave Act."
SECTION 2. Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education, is amended by inserting at the end thereof a new Code Section 20-2-87 to read as follows:
"20-2-87. (a) As used in this Code section, the term 'employer' means any person or entity that employs one or more employees and shall include the state and its political subdivisions. (b) Any employee in this state who is the parent, legal guardian, or custodian of a child or children enrolled in a local school system shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take time off from his or her employment to attend parent-teacher conferences, volunteer at the school, or participate in other school related activities; provided, however, that such time off shall not exceed eight hours per school year. The employer may specify the hours during which the employee may absent himself or herself as provided in this Code section and may require validation of such employees school visit by a school administrator. (c) Nothing in this Code section shall be construed to require the leave be paid; except that an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of the leave taken under this Code section. (d) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee for using leave pursuant to this Code section."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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261

The following amendments were read and adopted:

Representatives Skipper of the 116th, Bruce of the 45th and Smyre of the 111th move to amend the Committee substitute to HB 1058 as follows:
On line 4, page 1, change the word "shall" to the word "may".
On line 19, page 1, change the word "shall" to the word "may".

Representatives Rice of the 64th, Coleman of the 65th and Reece of the 11th move to amend the Committee substitute to HB 1058 as follows:
Page 1, line 21 add "academic" after "other".

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

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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray

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

262
N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B E Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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 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 N Sheldon

Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E 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 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Dodson of the 8th and Sheldon of the 71st, Post 2 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Mosley of the 129th, Post 1 and Sholar of the 141st, 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.

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

SR 560. By Senators Lee of the 29th, Smith of the 52nd and Shafer of the 48th:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes

TUESDAY, JANUARY 27, 2004

263

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

HR 1043. By Representatives Purcell of the 122nd and Jenkins of the 8th:
A RESOLUTION commending Corporal Stanley Elrod as the Peace Officer of the Year for Meritorious Service and inviting him to appear before the House of Representatives; and for other purposes.

HR 1044. By Representatives Purcell of the 122nd, Parrish of the 102nd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others:
A RESOLUTION commending Officer James Holloway on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1045. By Representatives Manning of the 32nd, Parsons of the 29th, Noel of the 44th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A RESOLUTION recognizing and commending the Marietta Fire Department on one hundred fifty years of service; and for other purposes.

HR 1046. By Representative Floyd of the 132nd:
A RESOLUTION commending the Hawkinsville High School Red Devils football team; and for other purposes.

HR 1047. By Representatives Purcell of the 122nd and Oliver of the 121st, Post 2:
A RESOLUTION commending Chastity Williams, 4-H honoree; and for other purposes.

HR 1048. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:

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JOURNAL OF THE HOUSE

A RESOLUTION recognizing and commending Bessy Lewis, 4-H honoree; and for other purposes.

HR 1049. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, DeLoach of the 127th, Mosley of the 129th, Post 1 and others:
A RESOLUTION recognizing and commending Loni Lewis, 4-H honoree; and for other purposes.

HR 1050. By Representatives Purcell of the 122nd, Oliver of the 121st, Post 2, Keen of the 146th, DeLoach of the 127th, Stephens of the 123rd and others:
A RESOLUTION recognizing and commending Hannah McCoy, 4-H honoree; and for other purposes.

HR 1051. By Representatives Drenner of the 57th and Henson of the 55th:
A RESOLUTION commending Refugee Family Services; and for other purposes.

HR 1052. By Representatives Rogers of the 20th, McBee of the 74th, Heard of the 75th, Elrod of the 25th and Massey of the 24th:
A RESOLUTION honoring and remembering the life of Lamartine Griffin "Lam" Hardman III; and for other purposes.

HR 1053. By Representatives Stephens of the 123rd and Purcell of the 122nd: A RESOLUTION commending Nick Usry; and for other purposes.

HR 1054. By Representatives Drenner of the 57th and Henson of the 55th:
A RESOLUTION commending the Clarkston Community Center; and for other purposes.

HR 1055. By Representatives Stephens of the 123rd and Purcell of the 122nd:

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A RESOLUTION commending the Garden City Police Department upon its accreditation; and for other purposes.

HR 1056. By Representative Floyd of the 132nd:
A RESOLUTION expressing regret at the passing of Charles R. Williams; and for other purposes.

HR 1057. By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th, Mills of the 67th, Post 2 and Coan of the 67th, Post 1:
A RESOLUTION commending Aaron Glover; and for other purposes.

HR 1058. By Representative Hill of the 16th:
A RESOLUTION commending the Cherokee High School Warriors football team; and for other purposes.

HR 1059. By Representatives Borders of the 142nd and Black of the 144th:
A RESOLUTION commending Kaitlin Smith, Miss Valdosta, and recognizing her Fit 4 Life campaign; and for other purposes.

HR 1060. By Representatives Birdsong of the 104th, Parham of the 94th, Ray of the 108th and Graves of the 106th:
A RESOLUTION honoring the life and memory of Mr. Douglas W. Strohbehn; and for other purposes.

HR 1061. By Representatives Drenner of the 57th and Henson of the 55th: A RESOLUTION commending Mr. Lonnie's House; and for other purposes.

HR 1062. By Representative Drenner of the 57th:

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A RESOLUTION recognizing and commending Zina Age and Aniz, Inc., for their service to the community; and for other purposes.

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

HR 1064. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Hill of the 81st and Jordan of the 83rd:
A RESOLUTION commending the Lovejoy Wildcats High School football team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1207 Do Pass

Respectfully submitted, /s/ Buck of the 112th
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 79 Do Pass, by Substitute HB 198 Do Pass, by Substitute

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Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1095 Do Pass HR 985 Do Pass, by Substitute

Respectfully submitted, /s/ Lane of the 101st
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 821 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:

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Mr. Speaker:

Your Committee on Motor Vehicles 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 452 Do Pass, by Substitute HB 585 Do Pass, by Substitute HB 1063 Do Pass HB 1114 Do Pass, by Substitute HB 1158 Do Pass

HB 1159 Do Pass, by Substitute HB 1168 Do Pass, by Substitute HB 1176 Do Pass HB 1177 Do Pass HR 614 Do Pass

Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 986 Do Pass

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

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 58 Do Pass, by Substitute

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

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, January 29, 2004.

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Representative Hall, Atlanta, Georgia Thursday, January 29, 2004

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 E Benfield Birdsong Boggs Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers

Coleman, B Cooper Cummings Day Dodson Douglas Drenner Dukes Ehrhart Epps Fleming Floyd, H Fludd Forster Franklin Golick Graves, D E Graves, T Greene Harbin Harper Heard, J Heard, K Hembree Hill, C

Hill, C.A Hill, V Hines Howell Hugley James Jamieson Jenkins, C.F Jones E Joyce Keen Knox Lane Lewis Lord Mangham Manning Marin McBee Millar Mills Mitchell Moraitakis Mosby Mosley

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

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

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Black of the 144th; Bordeaux of the 125th; Borders of the 142nd; Butler of the 88th, Post 1; Coan of the 67th, Post 1; Crawford of the 91st; Dean of the 49th; DeLoach of the 127th; Dollar of the 31st; Dooley of the 33rd, Post 3; Elrod of the 25th; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Harrell of the 54th; Heath of the 18th; Heckstall of the 48th, Post 3; Henson of the 55th; Holmes of the 48th, Post 1; Houston of the 139th; Jackson of the 124th, Post 1; Jenkins of the 93rd; Lucas of the 105th; Lunsford of the 85th, Post 2; Maddox of the 59th, Post 2; Massey of the 24th; McCall of the 78th; Mobley of the 58th; Parham of the 94th; Powell of the 23rd; Ralston of the 6th; Reece of the 11th; Roberts of the 131st; Sailor of the 61st, Post 1; Sinkfield of the 50th; Smith of the 76th; Smyre of the

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271

111th; Stanley-Turner of the 43rd, Post 2; Stephens of the 123rd; Walker of the 71st, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Canon Robert C. Wright, Rector, St. Paul's Episcopal Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

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

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

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

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HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes.

1/27/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1238. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes.

1/27/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1239. This notice is made prior to or upon reading the Bill the first time.

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273

/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1240. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; and for other purposes.

1/27/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1240. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1241. By Representative 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 prohibit Class D drivers from using cellular telephones or other portable communications devices while operating a motor vehicle on public roads; to include a violation of the safety belt law as an additional basis to deny an application for upgrading a Class D license to Class C license; to provide for the separate misdemeanor offense of child endangerment where a person commits the act of racing, laying drag, fleeing and attempting to elude, reckless driving, or aggressive driving with a person under the age of 14 in the vehicle; and for other purposes.

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Referred to the Committee on Motor Vehicles.

HB 1242. By Representatives Heath of the 18th, Roberts of the 131st, Cummings of the 19th, Smith of the 13th, Post 2, Lewis of the 12th and others:
A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide that any Georgia license plate issued in the year 1970 or before shall be an authentic historical Georgia license plate; to authorize the display of such license plates on certain motor vehicles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1243. By Representatives Powell of the 23rd, Reece of the 21st and Parham of the 94th:
A BILL to amend Code Section 40-8-9 of the Official Code of Georgia Annotated, relating to compliance with federal provisions, so as to clarify certain provisions relating to vehicle identification rules; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1244. By Representative Parham of the 94th:
A BILL to amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to apply window tint restrictions to nonresidents; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1245. By Representative Skipper of the 116th:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and

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275

omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Rules.

HB 1246. By Representatives Skipper of the 116th and Cummings of the 19th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Rules.

HB 1247. By Representatives Skipper of the 116th, Greene of the 134th and Powell of the 23rd:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Rules.

HB 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to

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change certain provisions relating to chauffeur permits; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1249. By Representatives Barnard of the 121st, Post 1, Greene of the 134th, DeLoach of the 127th, Snow of the 1st, Keen of the 146th and others:
A BILL to amend Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution and distribution of profits to victims of crimes, so as to change provisions relating to payment into escrow of moneys otherwise payable to those accused and convicted of crimes; to provide that such escrow shall apply to any moneys above a certain amount; to provide for the holding of moneys in escrow for the benefit of victims of crimes under certain circumstances; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1250. By Representatives Teilhet of the 34th, Post 2, Buckner of the 109th, Stoner of the 34th, Post 1, Gardner of the 42nd, Post 3 and Jenkins of the 8th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 1251. By Representatives Amerson of the 9th, Noel of the 44th, Powell of the 23rd, Massey of the 24th and Hines of the 35th:
A BILL to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to provide for certain traffic regulations relating to motorcycles; and for other purposes.

Referred to the Committee on Motor Vehicles.

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277

HB 1252. By Representatives Douglas of the 73rd, Mills of the 67th, Post 2, Heard of the 70th, Post 3, Franklin of the 17th, Burmeister of the 96th and others:
A BILL to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use taxes, so as to provide that transactions which occur through the Internet shall not be subject to sales and use taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others:
A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1254. By Representative Channell of the 77th:
A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes.

1/27/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1254. This notice is made prior to or upon reading the Bill the first time.

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/s/ Representative Channell District 77

Referred to the Committee on Transportation.

HB 1255. By Representatives Lewis of the 12th, Royal of the 140th, Richardson of the 26th, Shaw of the 143rd, Floyd of the 132nd and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to a capital gain resulting from certain involuntary conversions of real property because of condemnation or eminent domain; and for other purposes.

1/27/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1255. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lewis District 12

Referred to the Committee on Ways & Means.

HB 1256. By Representatives Westmoreland of the 86th, Dodson of the 84th, Post 1, Channell of the 77th, Mills of the 67th, Post 2 and Ehrhart of the 28th:
A BILL to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil cases, so as to provide that a plaintiff who loses at trial shall pay all court costs and attorney's fees; to provide for payment by the plaintiff's attorney of record if such plaintiff is unable to pay such court costs and attorney's fees; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1257. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and Manning of the 32nd:
A BILL to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; and for other purposes.

Referred to the Committee on Transportation.

HB 1258. By Representatives Ehrhart of the 28th, Watson of the 60th, Post 2, Sailor of the 61st, Post 1 and Bannister of the 70th, Post 1:
A BILL to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to preempt certain wage and employment benefit mandates by local government entities; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1259. By Representatives Burmeister of the 96th, Smith of the 87th, Randall of the 107th, Rynders of the 137th, Manning of the 32nd and others:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photographs of certain persons convicted of certain assaults and batteries involving family violence and stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; and for other purposes.

Referred to the Committee on Special Judiciary.

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HB 1260. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Mobley of the 58th, Brooks of the 47th, Powell of the 23rd and others:
A BILL to amend Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to establishment of a central bid registry, so as to provide that the Department of Administrative Services shall provide for the advertisement of bid opportunities valued at $10,000.00 or more via the Georgia Procurement Registry by a municipality, county, or local board of education without cost to such local government or board of education; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1261. By Representatives Burmeister of the 96th, Drenner of the 57th, Watson of the 60th, Post 2, Reece of the 21st, Chambers of the 53rd 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 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; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1262. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Mobley of the 58th, Brooks of the 47th, Powell of the 23rd and others:
A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that when disclosure reports and other documents are filed under said Act, the envelope, package, or wrapping in which the document was delivered for filing shall be maintained with the filed document; and for other purposes.

1/27/2004

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Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1262. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Beasley-Teague District 48, Post 2

Referred to the Committee on Judiciary.

HB 1263. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes.

Referred to the Committee on Insurance.

HB 1264. By Representatives Teilhet of the 34th, Post 2, Fleming of the 79th, Walker of the 115th, Thompson of the 69th, Post 1 and Boggs of the 145th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that courts may conduct bench trials in criminal cases with the consent of the defendant and the state; to provide that, when cases in which a demand for trial is filed end in a mistrial, such cases may be tried again in the same term of court; to provide for the service of demands for trial; and for other purposes.

Referred to the Committee on Judiciary.

HB 1265. By Representative Childers of the 13th, Post 1:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions

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relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; and for other purposes.

Referred to the Committee on Health and Human Services.

HB 1266. By Representative Childers of the 13th, Post 1:
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; and for other purposes.

Referred to the Committee on Health and Human Services.

HR 1040. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Knox of the 14th, Post 1 and others:
A RESOLUTION urging the United States Congress to enact a permanent ban on Internet access taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1041. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Congress to make the federal tax cuts permanent; and for other purposes.

Referred to the Committee on Ways & Means.

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HR 1063. By Representatives Graves of the 10th, White of the 3rd, Post 2, Keen of the 146th, Richardson of the 26th, Knox of the 14th, Post 1 and others:
A RESOLUTION urging the United States Congress to pass the Federal Marriage Amendment; and for other purposes.

Referred to the Committee on Judiciary.

HR 1065. By Representatives Rogers of the 15th, Sheldon of the 71st, Post 2, Lewis of the 12th, Graves of the 10th, Brock of the 5th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide new limits on state government taxing and spending powers; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 1209 HB 1210 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225

HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HR 1034 HR 1035 HR 1037 SR 563

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Pursuant to Rule 52, Representative Barnes of the 84th, Post 2 moved that the following Bill of the House be engrossed:

HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1:

A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

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

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

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

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

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

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285

On the motion the ayes were 94, nays 57. The motion prevailed.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 941 Do Pass, by Substitute HB 1101 Do Pass HB 1186 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 760 Do Pass HB 1055 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

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JOURNAL OF THE HOUSE

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 242 Do Pass, by Substitute HB 882 Do Pass, by Substitute HB 1083 Do Pass, by Substitute

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

HB 1113 Do Pass, as Amended HB 1192 Do Pass, as Amended

SB 243 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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287

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

HB 328 Do Pass, by Substitute HB 441 Do Pass, by Substitute

HB 746 Do Pass HB 753 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1042 Do Pass

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

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:

Mr. Speaker:

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

HB 239 Do Pass HB 340 Do Pass

HB 1175 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1127 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HB 1127. By Representatives DeLoach of the 127th, Lane of the 101st, Barnard of the 121st, Post 1, Parrish of the 102nd and Oliver of the 121st, Post 2:
A BILL to provide a new charter for the City of Brooklet; and for other purposes.

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

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

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289

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

Representative Jenkins of the 8th arose to a point of personal privilege and addressed the House.

Representative Stephens of the 123rd 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.

Representative Burmeister of the 96th arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

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

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

HR 1067. By Representative Noel of the 44th:
A RESOLUTION commending Westminster High School's Lady Wildcats volleyball team on their 2003 state title and inviting the team and their coaches to appear before the House of Representatives; and for other purposes.

HR 1068. By Representatives Epps of the 90th, Brown of the 89th and Smith of the 110th:

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A RESOLUTION commending the Dawson Street Christian Academy Varsity Football Team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1069. By Representatives Bruce of the 45th, Moraitakis of the 42nd, Post 4, Holmes of the 48th, Post 1, Fludd of the 48th, Post 4, Heard of the 75th and others:
A RESOLUTION honoring Lieutenant Colonel Charles W. Dryden of the Tuskegee Airmen and inviting him to appear before the House of Representatives; and for other purposes.

HR 1070. By Representatives Hugley of the 113th, Randall of the 107th, Thomas Morgan of the 33rd, Post 2, Smyre of the 111th, James of the 114th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 16, 2004, and inviting National Connection Committee Chair, Ferial S. Bishop, 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 986. By Representative Buckner of the 109th:
A RESOLUTION honoring Billie Ann Wills, Ms. Wheelchair Georgia for 2004, and inviting her to appear before the House of Representatives; and for other purposes.

HR 1042. By Representatives Ray of the 108th, James of the 114th, Roberts of the 131st, Houston of the 139th, Greene of the 134th and others:
A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives; and for other purposes.

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291

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

HB 58.

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

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state enforcement regarding revenue laws, so as to provide for additional requirements of the state revenue commissioner in the event a tax lien is erroneously placed on property of a taxpayer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state enforcement regarding revenue laws, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-2-85, to read as follows:
"48-2-85. In any case where it has been finally determined either judicially or administratively that a taxpayers property has erroneously been made subject to a state tax lien, the commissioner shall not correct the departments records regarding the taxpayer merely to reflect that the issue has been resolved but shall affirmatively remove all such references to such erroneous lien from such records."
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.

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

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

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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 Morgan Y Thomas, A.M Y Thompson 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 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the House, having previously been read, was again taken up for consideration:

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293

HB 648. By Representatives Ray of the 108th, Purcell of the 122nd, James of the 114th, Black of the 144th, Jenkins of the 93rd and others:
A BILL to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; and for other purposes.

The Committee substitute, as amended, having been previously read and adopted, was again taken up for consideration.

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

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

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

Y Day Y Dean N Deloach N Dix N Dodson Y 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 N Forster N Franklin Y Gardner N Golick N Graves, D Y Graves, T Y Greene Y Greene-Johnson N Hanner Y Harbin Y Harper Y Harrell Y Heard, J N Heard, K Y Heath

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

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L N 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 Morgan N Thomas, A.M Y Thompson N Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson N Willard Y Williams, A Y Williams, E

294
Y Coleman, B Y Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

Y Heckstall N Hembree
Henson N Hill, C

Y McCall Y McClinton N Millar N Mills

Y Sailor Y Scott
Shaw N Sheldon

N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 62.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Due to a mechanical malfunction, the vote of Representative Buck of the 112th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 821. By Representatives Benfield of the 56th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to allow certain courts to create and administer pretrial intervention and diversion programs; and for other purposes.

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

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

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

Y 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 Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce

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 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 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

THURSDAY, JANUARY 29, 2004

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 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
McCall Y McClinton Y Millar Y Mills

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 Y Sailor Y Scott Y Shaw Y Sheldon

295
Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:
A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.

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

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

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

Y Day Y 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 Y Howell Y Hudson Y Hugley

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

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

296
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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Elrod 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 Jackson James
Y Jamieson Y Jenkins, C Y Jenkins, C.F 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
McCall Y McClinton Y Millar Y Mills

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

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

On the passage of the Bill, the ayes were 175, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 198. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Jamieson of the 22nd, Coleman of the 65th and others:
A BILL to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Professional Standards Act," so as to revise provisions relating to the Professional Standards Commission and its powers and duties; to provide that members of local boards of education shall be subject to the jurisdiction of the commission; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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297

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the adoption of codes of ethics by local boards of education; to provide for annual review of such codes of ethics; 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 20-2-71 to read as follows:
"20-2-71. Each local board of education shall adopt a policy providing for a code of ethics to govern members of the local board of education. Each local board of education shall review its code of ethics annually and shall announce such review and any changes in the code of ethics at regular meetings of the board."
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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce

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

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

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

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

298
Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler Y Campbell E Casas Y Chambers
Channell Y Childers N Coan Y Coleman, B Y Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner Golick
Y Graves, D N 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 Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

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 Y Rynders Y Sailor Y Scott Y Shaw N Sheldon

Y Thomas Morgan Y Thomas, A.M
Thompson N 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 Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 138, nays 32.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Stephenson of the 60th, Post 1 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

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 Senate substitute was read:

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A BILL
To amend Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures, so as to change the time for hearing before a special master and to require notice by certified mail in condemnations for certain purposes; to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of certain electric transmission lines without prior public notice and one or more public meetings with an opportunity for comment and questions; to provide for exceptions; to provide for factors to be considered in selecting a route for certain electric transmission lines; to provide procedures for good faith negotiations; to provide for additional compensation for or reconveyance or quitclaim of an easement or other property interest acquired through the exercise of eminent domain in certain circumstances; 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 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures, is amended by striking Code Section 22-2-102, relating to petitions of condemnation, judicial orders for hearing before a special master, and proceedings in rem, and inserting in lieu thereof the following:
"22-2-102. Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-130. At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property or interest to appear at a hearing before a special master at a time and place specified in the order and to make known their rights, if any, in and to the property or interest sought to be condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. The Except in condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than ten days nor more than 15 days after the date of service of the order. In condemnations for purposes of constructing or expanding one or more electric transmission lines, the hearing before the special master shall take place not less than 30 days and not more than 40 days after the date of service

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of the order. The order shall give such directions for notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties at interest to be heard. In condemnations for purposes of constructing or expanding one or more electric transmission lines, in addition to service of the order, a copy of the order shall be mailed by certified mail to any person shown by the public ad valorem tax records of the county in which the property is located to have an interest in the property and to any other person having open and obvious possession of the property. It shall not be necessary to attach any other process to the petition except the order so made, and the cause shall proceed as in rem."
SECTION 2. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, is amended by adding at the end of said chapter a new Article 8 to read as follows:
"ARTICLE 8
22-3-160. (a) Before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line with a design operating voltage of 115 kilovolts or greater and a length of one mile or more, any person, corporation, or other entity that generates, transmits, distributes, supplies, or sells electricity for public or private use in this state or generates electricity in this state for transmission or distribution outside this state (hereinafter in this article referred to as 'utility') shall schedule and hold one or more public meetings with an opportunity for comment by members of the public. In any proceeding to exercise the right of eminent domain for purposes of an electric transmission line for which the utility began land acquisition negotiations on or after July 1, 2004, the utility shall be required to demonstrate substantial compliance with this Code section as a condition for exercising the right of eminent domain. (b) Prior to the public meeting or meetings required by this Code section, the utility shall provide adequate public notice of the utilitys intent to construct or expand an electric transmission line and adequate public notice of the public meeting or meetings related to the electric transmission line as follows:
(1) By publishing adequate public notice of said public meeting or meetings in a newspaper of general circulation in each county in which any portion of the electric transmission line is to be constructed or expanded. Said notice shall be published at least 30 days prior to the date of the first public meeting related to the electric transmission line and shall include the following: the date, time, and location of each meeting; a statement that the purpose of the meeting or meetings is to provide public notice of the utilitys intent to construct or expand an electric transmission line for which the right of eminent domain may be exercised; a description of the proposed project including the general route of the electric transmission line and the general

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property area within which the utility intends to construct or expand the electric transmission line; the width of the proposed transmission line route; and a description of the alternative construction approaches considered by the utility and a statement of why such alternatives were rejected by the utility; and (2) By providing written notice of the public meeting or meetings, by means of certified mail, to each owner of property, as indicated in the tax records of the county in which such property is located, over which the utility intends to construct or expand the electric transmission line and to the chairpersons or chief executives of the counties and the mayors of any municipalities in which such property is located. Such notice shall be mailed at least 30 days prior to the date of the first public meeting related to the electric transmission line and shall include all of the information required by paragraph (1) of this subsection. (c) At least one public meeting shall be held in each county in which the electric transmission line would be located. In any county in which the electric transmission line would require acquisition of property rights from more than 50 property owners, two or more public meetings shall be held. The public meetings shall be held in an accessible location and shall be open to members of the public. At least one of the public meetings shall commence between 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. At the public meetings, the utility shall provide a description of the proposed project including the general route of the electric transmission line and the general property area within which the utility intends to construct or expand the electric transmission line, the width of the proposed transmission line route, and a description of the alternative construction approaches considered by the utility and a statement of why such alternatives were rejected by the utility. At the public meetings, the utility shall allow a reasonable opportunity for members of the public to express their views on the proposed project and to ask questions. (d) A utility shall not be required to give notice of or hold public meetings with respect to any of the following: (1) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that was acquired by the utility or any other utility prior to July 1, 2004; (2) An electric transmission line for which the utility began land acquisition negotiations prior to July 1, 2004; (3) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that is owned or controlled by a state agency, a county, a municipality, or an agency, bureau, or department of the United States; (4) An electric transmission line to be constructed or expanded by a utility for the purpose of relocating an existing electric transmission line at the direction, order, or request of a state agency, a county, a municipality, or an agency, bureau, or department of the United States; (5) An electric transmission line to be constructed or expanded by a utility without exercising the power of eminent domain to acquire the right of way or easement area for such line; or

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(6) An electric transmission line to be constructed by a utility for the purpose of serving an electric substation or switching station to be constructed on a site that is owned or controlled by a utility customer to be served by such substation or switching station.
22-3-161. (a) On and after July 1, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section 22-3-160, the utility shall select a practical and feasible route for the location of the electric transmission line. In selecting the route for the location of the electric transmission line, the utility shall consider existing land uses in the geographic area where the line is to be located, existing corridors, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs related to the construction, operation, and maintenance of the line. (b) After the utility has selected the preferred route for the location of an electric transmission line, the utility shall attempt in good faith to negotiate a settlement with each property owner from whom the utility needs to acquire property rights for the line. In connection with the negotiations, the utility shall provide the property owner with a written offer to purchase the property rights, a document that describes the property rights, and a drawing that shows the location of the line on the owner's property. (c) The requirements of subsections (a) and (b) of this Code section shall not apply to an electric transmission line described in subsection (d) of Code Section 22-3-160.
22-3-162. (a) This Code section shall apply to any easement or other property interest acquired on or after July 1, 2004, through exercise of the right of eminent domain for purposes of constructing or expanding an electric transmission line:
(1) With a capacity of 230 kilovolts or less if the utility has not begun such construction or expansion within 12 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 12 years from the date of acquisition; (2) With a capacity of more than 230 kilovolts if the utility has not begun such construction or expansion within 15 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 15 years from the date of acquisition; and (3) Of any capacity if the land burdened by the easement or other property interest is adjacent to an electric transmission line corridor in existence 15 years after the date of acquisition and the utility has not begun the construction or expansion for which the easement or other property right was acquired within 15 years from the date of acquisition. (b) When this Code section becomes applicable to an easement or other property interest, the owner of the land burdened by such easement or property interest may

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apply to the utility that acquired the easement or other property interest or such utilitys successor or assign for reconveyance or quitclaim of the easement or other property interest or for additional compensation for such easement or other property interest. The application shall be in writing, and the utility or its successor or assign shall act on the application within 60 days by:
(1) Executing a reconveyance or quitclaim of the easement or property interest upon receipt of compensation not to exceed the amount of the compensation paid by the utility for the easement or property interest at the time of acquisition; or (2) Paying additional compensation to the owner of the land burdened by the easement or other property interest, such compensation to be calculated by subtracting the price paid by the utility for the easement or other property interest at the time of acquisition from the fair market value of the easement or other property interest at the time this Code section becomes applicable to such easement or other property interest. (c) The choice between additional compensation or reconveyance or quitclaim shall be at the discretion of the utility or its successor or assign."
SECTION 3. This Act shall become effective July 1, 2004, and shall apply to the exercise of eminent domain to acquire easements or other property interests for which land acquisition negotiations for purposes of constructing or expanding one or more electric transmission lines begin on or after such date. The provisions of this Act relating to additional compensation, reconveyance, and quitclaim shall apply to easements and other property interests acquired on or after July 1, 2004, through the exercise of eminent domain.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Noel of the 44th moves to amend the Senate substitute to HB 373 by striking the words "and applicability" on lines 12 and 13 of page 1.
By striking the figures "30" and "40" on line 11 of page 2 and inserting in their respective places the figures "90" and "150".
By adding after the period on line 20 of page 2 the following:
"In condemnations for purposes of constructing one or more electric transmission lines, in addition to meeting the qualifications specified in Code Section 22-2-103, the attorney selected as special master and his or her firm shall not derive any significant

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portion of his, her, or its income from the representation of, or work done for, any one or more electric utilities."
By striking all matter beginning on line 33 of page 2 and ending on line 3 of page 3 and inserting in place thereof the following:
"meetings with an opportunity for comment by members of the public. In any proceeding which is filed on or after July 1, 2004, or is pending on July 1, 2004, to exercise the right of eminent domain for purposes of an electric transmission line, the utility shall be required to demonstrate substantial compliance with this Code section as a condition for exercising the right of eminent domain. With respect to proceedings pending on July 1, 2004, the proceedings may be stayed as necessary to allow the utility to comply with this Code section."
By striking the figure "30" on line 11 of page 3 and inserting in its place the figure "60".
By striking the word "general" each time it appears on lines 15, 16, and 36 of page 3.
By inserting after the period on line 33 of page 3 the following:
"No public meeting shall be held at any facility owned or operated by the utility."
By striking all matter on lines 5 through 24 of page 4 and inserting in place thereof the following:
"(d) A utility shall not be required to give notice of or hold public meetings with respect to any of the following:
(1) An electric transmission line to be constructed or expanded by a utility entirely on an established right of way or land that is owned or controlled by a state agency, a county, a municipality, or an agency, bureau, or department of the United States; (2) An electric transmission line to be constructed or expanded by a utility for the purpose of relocating an existing electric transmission line at the direction, order, or request of a state agency, a county, a municipality, or an agency, bureau, or department of the United States; or (3) An electric transmission line to be constructed by a utility for the purpose of serving an electric substation or switching station to be constructed on a site that is owned or controlled by a utility customer to be served by such substation or switching station."
By adding after the second comma on line 31 of page 4 the words and symbol "rights of way,".
By striking all matter on lines 4 and 5 on page 5.

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305

By striking on lines 7 and 8 of page 5 the phrase "on or after July 1, 2004,".
By striking all matter on lines 6 through 11 of page 6 and inserting in place thereof the following:
"This Act shall become effective July 1, 2004."

Representative Noel of the 44th moved that the House agree to the Senate substitute, as amended by the House, to HB 373.

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

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

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

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

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

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

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JOURNAL OF THE HOUSE

On the motion, the ayes were 16, nays 152. The motion was lost.

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 "nay" thereon.

The following amendment was read:

Representative Amerson of the 9th moves to amend the Senate substitute to HB 373 as follows:
Pg 5, lines 11 and 13, change 12 to 4
Pg 5, lines 15, 17, 19, and 21, change 15 to 5
Pg 6, line 6, change effective date to April 1, 2004.

Representative Amerson of the 9th moved that the House agree to the Senate substitute, as amended by the House, to HB 373.

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

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

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

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

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

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

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

THURSDAY, JANUARY 29, 2004

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

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

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

On the motion, the ayes were 23, nays 147. The motion was lost.

307
Y Thomas Morgan Thomas, A.M
N Thompson N Walker, L Y Walker, R.L N Warren N Watson N Westmoreland N White Y Wilkinson Y Willard
Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

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

Representative Lucas of the 105th moved that the House agree to the Senate substitute to HB 373.

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 E Benfield Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome

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

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

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

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

308
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

JOURNAL OF THE HOUSE

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

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

On the motion, the ayes were 154, nays 15. The motion prevailed.

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

Representative Joyce of the 2nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Skipper of the 116th 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 moved that the following Bill of the Senate be withdrawn from the Committee on Judiciary and referred to the Committee on Health and Human Services:

SB 23.

By Senators Cheeks of the 23rd, Seabaugh of the 28th, Shafer of the 48th and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to informed consent to medical treatment, so as to require and provide standards for informed consent to abortion procedures; to enact the "Womans Right To Know Act"; to provide

THURSDAY, JANUARY 29, 2004

309

for matters required to be disclosed and for the manner of disclosure; to require a waiting period following disclosure; to prohibit acceptance of payment during the waiting period; to direct the Department of Human Resources to publish and distribute certain informational materials; to require transmittal of such materials; to require certification of informed consent; to provide for standards of professional conduct; to provide for intent and construction with other statutes; to provide for related matters; to make conforming amendments to existing law; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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

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

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

N Mitchell N Mobley N Moraitakis
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 N Powell N Purcell N 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 Rynders N Sailor Y Scott N Shaw Y Sheldon

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

On the motion, the ayes were 73, nays 98.

310 The motion was lost.

JOURNAL OF THE HOUSE

Representatives Fleming of the 79th and Sholar of the 141st, Post 1 stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

HR 1071. By Representatives Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Lunsford of the 85th, Post 2 and McClinton of the 59th, Post 1:
A RESOLUTION commending Sarah Omotayo and inviting her to appear before the House of Representatives; and for other purposes.

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

HB 1156. By Representatives Powell of the 23rd, Smith of the 13th, Post 2 and Snow of the 1st:
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; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Public Safety moves to amend HB 1156 by striking "investigate crimes" and inserting in its place "investigate Department of Transportation related crimes" on line 3 of page 2.

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311

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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce N Buck N Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell E Casas Y Chambers Y Channell Y Childers
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 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 N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson N Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan Y Joyce Y Keen N Knox N Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham 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
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 N Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott N Shaw N 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 N Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White N Wilkinson N 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 141, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.

312

JOURNAL OF THE HOUSE

Representatives Mangham of the 62nd and Manning of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; and for other purposes.

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

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

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

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

Y Hill, C.A 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, C Y Jenkins, C.F 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 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 Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

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 Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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

THURSDAY, JANUARY 29, 2004

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 Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

313
Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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.

HB 1176. By Representatives Martin of the 37th, Jones of the 38th, Powell of the 23rd, Chambers of the 53rd and Millar of the 52nd:
A BILL to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for parking permits for blind persons; and for other purposes.

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

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

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

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar
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 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, C Y Jenkins, C.F Y Jones Y Jordan

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 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

314
Y Broome N 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

JOURNAL OF THE HOUSE

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

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

On the passage of the Bill, the ayes were 169, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HR 614. By Representatives Reece of the 11th, Childers of the 13th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2, Birdsong of the 104th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for creation of a Georgia War Veterans Nursing Home Trust Fund from which funds shall be disbursed for enhancement of the state's veterans nursing homes and the provision of care to residents of such homes; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Y 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

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

THURSDAY, JANUARY 29, 2004

Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell 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 Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell
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, C Y Jenkins, C.F 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 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 N Sailor Y Scott Y Shaw Y Sheldon

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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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 172, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Heard of the 70th, Post 3 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 985. By Representatives Morris of the 120th, Lane of the 101st, Coleman of the 118th, Skipper of the 116th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that hunting and fishing and the taking of game and fish shall be preserved and managed for the public good; and for other purposes.

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The following Committee substitute was read and adopted:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section I of the Constitution is amended by renumbering Paragraph XXVIII as Paragraph XXIX and inserting a new Paragraph XXVIII to read as follows:
"Paragraph XXVIII. Fishing and hunting. The tradition of fishing and hunting and the taking of fish and wildlife shall be preserved for the people and shall be managed by law and regulation for the public good."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to provide that the tradition of fishing and hunting and the taking of fish and wildlife shall be
( ) NO preserved for the people and shall be managed by law and regulation for the public good?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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

Y Amerson Y Anderson N Ashe Y Bannister

Y Day Y Dean Y Deloach Y Dix

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

Y Mitchell Y Mobley N Moraitakis Y Morris

Y Sholar Y Sims N Sinkfield Y Skipper

THURSDAY, JANUARY 29, 2004

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

Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Dukes Y Ehrhart Y Elrod Y 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 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 Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford N Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B
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 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

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

On the adoption of the Resolution, by substitute, the ayes were 154, nays 14.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Dukes of the 136th and Oliver of the 56th, 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.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Rules:

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HR 941. By Representatives Burkhalter of the 36th, O`Neal of the 117th and Golick of the 34th, Post 3:
A RESOLUTION proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or sectarian organizations to receive public aid, directly or indirectly, for the provision of such services; and for other purposes.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Rules:

HR 1030. By Representatives Stoner of the 34th, Post 1, Powell of the 23rd, Stokes of the 72nd, Hugley of the 113th, Watson of the 60th, Post 2 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 or houses of worship for the purpose of providing social services to the citizens of this state; to provide no such money shall be used for educational programs or courses; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

HR 1072. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Hampton Ammons on his 14th place finish and inviting Hampton to appear before the House of Representatives; and for other purposes.

HR 1073. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Erin Vickers on

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319

her fourth place finish and inviting Erin to appear before the House of Representatives; and for other purposes.

HR 1074. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Jerrin Flowers on his fifth place finish and inviting Jerrin to appear before the House of Representatives; and for other purposes.

HR 1075. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Buck Taylor on his second place finish and inviting Buck to appear before the House of Representatives; and for other purposes.

HR 1076. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farrmers of America national championship forestry team and their advisor, Mr. Richard Gill, and inviting Mr. Gill to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1066. By Representative Noel of the 44th:
A RESOLUTION commending the students of 21st Century Leaders recognizing "21st Century Leaders Day" at the capitol and inviting the Georgia House of Representatives to participate in 21st Century Leaders Day at the capitol; and for other purposes.

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HR 1077. By Representatives Brooks of the 47th, Thomas of the 43rd, Post 1, StanleyTurner of the 43rd, Post 2, Holmes of the 48th, Post 1, Heckstall of the 48th, Post 3 and others:
A RESOLUTION remembering Orah Belle Sherman, expressing regret at her passing, and proclaiming January 24, 2004, Ms. Orah Belle Sherman Day in Georgia; and for other purposes.

HR 1078. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and others:
A RESOLUTION commending Alicia Louise Welchel; and for other purposes.

HR 1079. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and others:
A RESOLUTION commending Mr. Brandon Pitman; and for other purposes.

HR 1080. By Representatives Purcell of the 122nd, Sholar of the 141st, Post 1, Black of the 144th and Rynders of the 137th:
A RESOLUTION recognizing and commending Lee Davis, 4-H honoree; and for other purposes.

HR 1081. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and others:
A RESOLUTION commending Jennifer G. Webb; and for other purposes.

HR 1082. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Maddox of the 59th, Post 2, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and others:

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A RESOLUTION recognizing and commending Mary Ruth Welborn for outstanding contributions to public education in the State of Georgia; and for other purposes.

HR 1083. By Representatives Gardner of the 42nd, Post 3, McClinton of the 59th, Post 1, Moraitakis of the 42nd, Post 4, Teper of the 42nd, Post 1 and Ashe of the 42nd, Post 2:
A RESOLUTION honoring and commending Olivia Levine; and for other purposes.

HR 1084. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Sims of the 130th, Heath of the 18th and others:
A RESOLUTION commending all World War II Veterans, the home front, and their families; to recognize May 24-30, 2004, as Georgia's "Tribute to Its World War II Generation"; and for other purposes.

HR 1085. By Representative Stephens of the 123rd:
A RESOLUTION recognizing and commending Jason Ronbert on becoming an Eagle Scout; and for other purposes.

HR 1086. By Representatives Purcell of the 122nd, Sholar of the 141st, Post 1, Black of the 144th and Rynders of the 137th:
A RESOLUTION recognizing and commending Chris Orso, 4-H honoree; and for other purposes.

HR 1087. By Representatives Reece of the 21st, Amerson of the 9th, Mills of the 67th, Post 2, Rogers of the 20th and Heath of the 18th:
A RESOLUTION recognizing and commending Reverend Willard Baxter; and for other purposes.

HR 1088. By Representative Hanner of the 133rd:

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A RESOLUTION honoring the memory of the late Dr. Charles Ward and recognizing his widow, Mrs. Charles (Mary) Ward, both of Terrell County; and for other purposes.

HR 1089. By Representatives Purcell of the 122nd, Sholar of the 141st, Post 1, Black of the 144th and Rynders of the 137th:
A RESOLUTION recognizing and commending Steven Highsmith, 4-H honoree; and for other purposes.

HR 1090. By Representatives Purcell of the 122nd, Sholar of the 141st, Post 1, Black of the 144th and Rynders of the 137th:
A RESOLUTION recognizing and commending Chris McDonald, 4-H honoree; and for other purposes.

HR 1091. By Representative Purcell of the 122nd:
A RESOLUTION recognizing and congratulating Rincon City Councilman Ernest Hodges; and for other purposes.

HR 1092. By Representatives Beasley-Teague of the 48th, Post 2, Fludd of the 48th, Post 4, Heckstall of the 48th, Post 3 and Holmes of the 48th, Post 1:
A RESOLUTION recognizing South Fulton County Legislative Day at the Capitol on February 3, 2004; and for other purposes.

HR 1093. By Representative Parsons of the 29th:
A RESOLUTION recognizing the 50th wedding anniversary of George (Bill) Leo and Dolores (Dee) Ann Wissing; and for other purposes.

HR 1094. By Representatives Snow of the 1st, Coleman of the 118th, Joyce of the 2nd, Williams of the 4th and Reece of the 11th:
A RESOLUTION commending Mr. Jason Ronald Thompson; and for other purposes.

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323

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 808 Do Pass, by Substitute HB 1208 Do Pass, by Substitute

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 656 Do Pass, as Amended HB 1142 Do Pass, as Amended

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:

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Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1117 Do Pass

Respectfully submitted, /s/ Epps of the 90th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 366 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

The following communication was received:

House of Representatives Atlanta

January 28, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334

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325

Dear Robyn:
Effective this date, I am appointing Representative Johnny Floyd to the Intragovernmental Coordination Committee.
Sincerely,
/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Keith Heard Representative Johnny Floyd Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

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

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Representative Hall, Atlanta, Georgia Friday, January 30, 2004

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend Porky Haynes, Minister of Education, Central Baptist Church, Waycross, Georgia.

The members pledged allegiance to the flag.

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

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

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

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

HB 1267. By Representatives Hill of the 16th, Knox of the 14th, Post 1, Brown of the 89th, Ehrhart of the 28th, Lunsford of the 85th, Post 2 and others:
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 change the criteria for distribution of certain state appropriated funds for indigent defense; to change certain provisions regarding establishment of alternate delivery systems; and for other purposes.

Referred to the Committee on Judiciary.

HB 1268. By Representatives Snow of the 1st, Parham of the 94th, Reece of the 11th, Graves of the 106th and Amerson of the 9th:
A BILL to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, so as to prohibit a device from producing a recorded image of the driver of a vehicle; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1269. By Representatives Forster of the 3rd, Post 1, Hill of the 81st, GreeneJohnson of the 60th, Post 3, Stephens of the 124th, Post 2, Rice of the 64th and others:
A BILL to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to granting of temporary relief ex parte, so as to require that temporary relief ex parte shall not be granted unless the facts alleged in the petition for temporary relief are supported by an official police report or unless the person against whom such relief is sought is given at least two

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hours notice of the petitioner's intent to seek such relief; and for other purposes.

Referred to the Committee on Judiciary.

HB 1270. By Representatives Hill of the 16th, Rogers of the 15th, Lewis of the 12th, Franklin of the 17th, Chambers of the 53rd and others:
A BILL to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to school program weights, maximum class size, and reporting requirements, so as to change certain provisions with respect to maximum class size; and for other purposes.

Referred to the Committee on Education.

HB 1271. By Representatives Mills of the 67th, Post 2, Douglas of the 73rd, Brown of the 89th, Hembree of the 46th, Burmeister of the 96th and others:
A BILL to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change eligibility standards for HOPE scholarships in certain circumstances; to provide that entering freshmen shall not be eligible for HOPE scholarships; and for other purposes.

Referred to the Committee on Higher Education.

HB 1272. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Stephens of the 123rd, Lane of the 101st, Keen of the 146th 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, so as to provide for the establishment of a financial account known as the Georgia Peach Account; and for other purposes.

Referred to the Committee on Regulated Industries.

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329

HB 1273. By Representatives Boggs of the 145th, Westmoreland of the 86th and Bordeaux of the 125th:
A BILL to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to change the exemption for primary caregivers with children by increasing the age limit for such children from under four years of age to four years of age and under; to reduce the age for removal from the jury list from 70 years of age to 65 years of age; and for other purposes.

Referred to the Committee on Judiciary.

HB 1274. By Representatives Day of the 126th, Skipper of the 116th, Parham of the 94th and Stephens of the 123rd:
A BILL to amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, so as to provide that if a court or the department has not secured a driver's license within 30 days following the date of final conviction giving rise to the suspension, then the revocation or suspension shall begin upon the expiration of the 30 day period; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1275. By Representatives Day of the 126th, Stephens of the 123rd, Purcell of the 122nd, Crawford of the 91st and Barnard of the 121st, Post 1:
A BILL to amend Article 3 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to appointment and vacancies, so as to provide for additional qualifications with respect to certain appointments made by the Governor; and for other purposes.

Referred to the Committee on Rules.

HB 1276. By Representatives Day of the 126th, Stephens of the 123rd, Snow of the 1st and Amerson of the 9th:

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A BILL to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that a person who owns or operates a public accommodation may not restrict an individual from access or admission to the accommodation or otherwise prevent the individual from using the accommodation solely because the individual operates a motorcycle, is a member of an organization or association that operates motorcycles, or wears clothing that displays the name of such an organization or association; and for other purposes.

Referred to the Committee on Judiciary.

HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others:
A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1278. By Representatives Channell of the 77th, Watson of the 60th, Post 2, Teilhet of the 34th, Post 2, Bannister of the 70th, Post 1, Maddox of the 59th, Post 2 and others:
A BILL to amend Code Section 34-9-226 of the Official Code of Georgia Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1279. By Representatives Murphy of the 14th, Post 2, Powell of the 23rd, Jamieson of the 22nd, Burmeister of the 96th, Stoner of the 34th, Post 1 and others:

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331

A BILL to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, relating to persons engaged in structural pest control, so as to change certain provisions relating to creation of the State Structural Pest Control Commission, its composition, vacancies, and number of members who may represent a single entity; to change certain provisions relating to terms of office of appointive members and eligibility of members to succeed themselves; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 1280. By Representatives Boggs of the 145th and Porter of the 119th:
A BILL to amend Article 1 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to coroners, so as to provide for minimum salaries for coroners of certain counties; to provide for periodic cost-of-living or general performance based increases for coroners; to provide for minimum salary for deputy coroners; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1281. By Representatives Thompson of the 69th, Post 1, Howell of the 92nd, Moraitakis of the 42nd, Post 4, Crawford of the 91st, Noel of the 44th and others:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the organization of the executive branch, so as to provide that no state agency shall enter into a contract with a private entity for the provision of services if any such services will be performed outside the geographical boundaries of the United States; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1282. By Representatives Epps of the 90th and Crawford of the 91st:

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A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes.

1/29/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1282. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Epps District 90

Referred to the Committee on Ways & Means.

HB 1283. By Representatives Sims of the 130th, Royal of the 140th, Borders of the 142nd and Jamieson of the 22nd:
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 provide for the gradual elimination of the excise tax on rental motor vehicles; to provide for the specific repeal of Article 5 of said chapter, relating to the excise tax on rental motor vehicles; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1284. By Representatives Hudson of the 95th, Douglas of the 73rd, Porter of the 119th, Jamieson of the 22nd, Crawford of the 91st and others:
A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to public meetings on site selection, notice, and decision; to change certain provisions

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relating to local, multijurisdictional, or regional solid waste plans; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1285. By Representatives Randall of the 107th, Manning of the 32nd, Lucas of the 105th, Keen of the 146th and Hugley of the 113th:
A BILL to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minor's social security number to establish a utility or other credit account; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1286. By Representatives Rice of the 64th, Powell of the 23rd and Parham of the 94th:
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 license plates for certain persons and vehicles, so as to change certain provisions relating to the administrative process for additional special license plates; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1287. By Representatives Snow of the 1st, Day of the 126th and Parham of the 94th:
A BILL to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of certain lights; and for other purposes.

Referred to the Committee on Public Safety.

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HB 1288. By Representatives O`Neal of the 117th, Coleman of the 65th, Burkhalter of the 36th and Golick of the 34th, Post 3:
A BILL to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgia's Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; and for other purposes.

Referred to the Committee on Education.

HB 1289. By Representatives Smith of the 129th, Post 2, Williams of the 128th, Mosley of the 129th, Post 1, Boggs of the 145th, Sims of the 130th 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 revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1290. By Representative Burkhalter of the 36th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event hosted by the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event hosted by a private school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; and for other purposes.

Referred to the Committee on Rules.

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335

HB 1291. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Wix of the 33rd, Post 1, Wilkinson of the 41st, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1292. By Representatives Holmes of the 48th, Post 1, Beasley-Teague of the 48th, Post 2, Bruce of the 45th and Brooks of the 47th:
A BILL to amend Code Section 35-8-3 of the Official Code of Georgia Annotated, relating to the Georgia Peace Officer Standards and Training Council, so as to increase the number of members of the council to 20; to add the president of the Georgia Chapter of the National Organization of Black Law Enforcement Executives or his or her designee to the voting members of the council; and for other purposes.
Referred to the Committee on Public Safety.
HR 1095. By Representatives Buck of the 112th and Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes.
Referred to the Committee on Ways & Means.
HR 1096. By Representatives Buckner of the 109th and Harbin of the 80th:
A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes.

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Referred to the Committee on Education.

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

HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254

HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HB 1265 HB 1266 HR 1040 HR 1041 HR 1063 HR 1065

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes.

The motion prevailed.

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Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1240. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1254. By Representative Channell of the 77th:
A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes.

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

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

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

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

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

On the motion the ayes were 100, nays 53. The motion prevailed.

Pursuant to Rule 52, Representative Lewis of the 12th moved that the following Bill of the House be engrossed:

HB 1255. By Representatives Lewis of the 12th, Royal of the 140th, Richardson of the 26th, Shaw of the 143rd, Floyd of the 132nd and others:

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A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of any taxpayer shall not include income which is attributable directly to a capital gain resulting from certain involuntary conversions of real property because of condemnation or eminent domain; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Beasley-Teague of the 48th, Post 2 moved that the following Bill of the House be engrossed:

HB 1262. By Representatives Beasley-Teague of the 48th, Post 2, Maddox of the 59th, Post 2, Mobley of the 58th, Brooks of the 47th, Powell of the 23rd and others:

A BILL to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to provide that when disclosure reports and other documents are filed under said Act, the envelope, package, or wrapping in which the document was delivered for filing shall be maintained with the filed document; and for other purposes.

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

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

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

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

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

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

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

JOURNAL OF THE HOUSE

N 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
Manning Y Marin N Martin E Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills

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

On the motion the ayes were 98, nays 57. The motion prevailed.

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

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 1032 Do Pass HR 1064 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:

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341

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 1209 Do Pass HB 1217 Do Pass HB 1223 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HB 1209. By Representatives Floyd of the 132nd and James of the 114th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; and for other purposes.

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

HB 1217. By Representatives Channell of the 77th and Douglas of the 73rd:
A BILL to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the compensation for the chairperson and members of the board; to provide for an annual increase in compensation; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1223. By Representative Jamieson of the 22nd:
A BILL to provide a new charter for the City of Homer; and for other purposes.

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

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:

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A BILL to be entitled an Act 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 certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 395. By Senators Tolleson of the 18th, Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to repeal conflicting laws; and for other purposes.
SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:
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 regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 411. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for supersedeas; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of a foreign judgment, so as to correct a crossreference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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

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SR 561. By Senators Stephens of the 51st, Balfour of the 9th and Mullis of the 53rd:
A RESOLUTION creating the Zell Bryan Miller Tribute Commission; authorizing the placement of a statue on the grounds of the State Capitol Building; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1045. By Representatives Manning of the 32nd, Parsons of the 29th, Noel of the 44th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and others:
A RESOLUTION recognizing and commending the Marietta Fire Department on one hundred fifty years of service; and for other purposes.

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

SB 184. By Senators Mullis of the 53rd, Hamrick of the 30th, Bowen of the 13th, Smith of the 52nd, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional offenses constituting the crimes of arson in the first, second, and third degree; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 393. By Senators Johnson of the 1st, Harp of the 16th, Cagle of the 49th and Tolleson of the 18th:
A BILL to be entitled an Act 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 certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to provide an effective date; to repeal conflicting laws; and for other purposes.

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345

Referred to the Committee on Ways & Means.

SB 395. By Senators Tolleson of the 18th, Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:
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 regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

1/29/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 400. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative O'Neal District 117

Referred to the Committee on Judiciary.

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SB 411. By Senator Tanksley of the 32nd:
A BILL to be entitled an Act to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the suretys liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for supersedeas; to amend Code Section 9-12-134 of the O.C.G.A., relating to appeal or stay of a foreign judgment, so as to correct a cross-reference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SR 561. By Senators Stephens of the 51st, Balfour of the 9th and Mullis of the 53rd:
A RESOLUTION creating the Zell Bryan Miller Tribute Commission; authorizing the placement of a statue on the grounds of the State Capitol Building; and for other purposes.

Referred to the Committee on Rules.

Representative Douglas of the 73rd 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 Holmes of the 48th, Post 1 arose to a point of personal privilege and addressed the House.

Representative Ray of the 108th arose to a point of personal privilege and addressed the House.

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347

Representative Ehrhart of the 28th 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.

Representative DeLoach of the 127th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 1097. By Representatives Smith of the 87th, Maxwell of the 27th, Harper of the 88th, Post 2, Butler of the 88th, Post 1, Westmoreland of the 86th and others:
A RESOLUTION commending Sergeant Major Michael Henry Duke; and for other purposes.

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

HR 1032. By Representatives Epps of the 90th, Brown of the 89th and Smith of the 110th:
A RESOLUTION honoring the LaGrange High School Grangers football team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1064. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Hill of the 81st and Jordan of the 83rd:
A RESOLUTION commending the Lovejoy Wildcats High School football team and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

Representative Skipper of the 116th assumed the chair.

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The following Resolutions of the House were read and adopted:

HR 1099. By Representative Channell of the 77th:
A RESOLUTION expressing congratulations and best wishes to Mrs. Kittie Lancaster Garner on the grand occasion of her 100th birthday; and for other purposes.

HR 1100. By Representative Channell of the 77th:
A RESOLUTION recognizing the twentieth anniversary of Georgia's Antebellum Trail; and for other purposes.

HR 1101. By Representatives Cummings of the 19th, Powell of the 23rd, Porter of the 119th, Hembree of the 46th, Coan of the 67th, Post 1 and others:
A RESOLUTION recognizing the month of May, 2004, as "Motorcycle Awareness and You Month" in Georgia; and for other purposes.

HR 1102. By Representatives Birdsong of the 104th, Parham of the 94th, Graves of the 106th and Ray of the 108th:
A RESOLUTION commending Bibb County Sheriff Jerry Modena and his officers; and for other purposes.

HR 1103. By Representatives Birdsong of the 104th and Lucas of the 105th:
A RESOLUTION honoring the work and community service of Mr. David Tufts and commemorating his retirement; and for other purposes.

HR 1104. By Representatives Birdsong of the 104th and Parham of the 94th:
A RESOLUTION commending Jones County Sheriff Robert N. Reece and his officers; and for other purposes.

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349

HR 1105. By Representatives Day of the 126th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Purcell of the 122nd and others:
A RESOLUTION congratulating Bahama Joe's; and for other purposes.

HR 1106. By Representatives Birdsong of the 104th and Parham of the 94th:
A RESOLUTION commending Jones County Emergency Management Agency (EMA); and for other purposes.

HR 1107. By Representatives Day of the 126th, Stephens of the 124th, Post 2, Stephens of the 123rd, Bordeaux of the 125th, Purcell of the 122nd and others:
A RESOLUTION commending Nick Usry; and for other purposes.

HR 1108. By Representatives Birdsong of the 104th and Parham of the 94th:
A RESOLUTION commending the Southeast Regional Fugitive Task Force; and for other purposes.

HR 1109. By Representatives Birdsong of the 104th and Parham of the 94th:
A RESOLUTION commending the Middle Georgia Drug Task Force; and for other purposes.

HR 1110. By Representatives Day of the 126th, Stephens of the 124th, Post 2, Stephens of the 123rd, Bordeaux of the 125th, Purcell of the 122nd and others:
A RESOLUTION commending Mark Charles West, Jr.; and for other purposes.

HR 1111. By Representatives Birdsong of the 104th, Porter of the 119th and Coleman of the 118th:
A RESOLUTION commending Mr. E. C. Lavender; and for other purposes.

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HR 1112. By Representatives Brown of the 89th, Smith of the 110th and Epps of the 90th:
A RESOLUTION commending Troup County School System National Board Certified teachers; and for other purposes.

HR 1113. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION honoring and commemorating the creation of Charlton County and its 150th year anniversary; and for other purposes.

HR 1114. By Representatives Hugley of the 113th, Randall of the 107th, Smyre of the 111th, Buck of the 112th, Buckner of the 109th and others:
A RESOLUTION commending Candace Turner; and for other purposes.

HR 1115. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Jenkins of the 93rd, Howell of the 92nd and Westmoreland of the 86th:
A RESOLUTION honoring and congratulating Mr. Vincent Jones on his 64 years of service to the Jackson Progress-Argus, his state, and his country and on his retirement; and for other purposes.

HR 1116. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Jenkins of the 93rd, Howell of the 92nd and Westmoreland of the 86th:
A RESOLUTION commending and honoring the work and retirement of Mr. Herman Cawthon; and for other purposes.

The following communications were received:

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

FRIDAY, JANUARY 30, 2004

351

January 30, 2004

Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Garland Pinholster was elected as a member of the State Transportation Board from the Seventh Congressional District. He will serve for a term beginning April 16, 2004, and expiring April 15, 2009. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Sonny Perdue
Honorable Mark Taylor Honorable Terry Coleman Honorable Garland Pinholster Honorable Don Balfour Honorable Chuck Clay Mr. Harold Linnenkohl Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

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

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JOURNAL OF THE HOUSE

January 29, 2004

TO:

HONORABLE CATHY COX

SECRETARY OF STATE

This is to certify that Honorable Garland Pinholster has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Seventh Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2004, and expiring April 15, 2009.

This 29th day of January, 2004.

/s/ Mark Taylor President of the Senate

/s/ Terry Coleman Speaker, House of Representatives

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

January 29, 2004

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Garland Pinholster was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 2004, and expiring April 14, 2009.

FRIDAY, JANUARY 30, 2004

353

Respectfully submitted,
/s/ Don Balfour Honorable Don Balfour Senator, District 9 Chairman
/s/ Chuck Clay Honorable Chuck Clay Senator, District 37 Secretary

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

January 29, 2004

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Garland Pinholster was elected as a member of the State Transportation Board from the Seventh Congressional District to serve a term beginning April 16, 2004, and expiring April 15, 2009.
Respectfully submitted,
/s/ Don Balfour Honorable Don Balfour Senator, District 9 Chairman

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/s/ Chuck Clay Honorable Chuck Clay Senator, District 37 Secretary

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

January 30, 2004

Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Cathy:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable William B. Kuhlke was elected as a member of the State Transportation Board from the Ninth Congressional District. He will serve for a term beginning April 16, 2004, and expiring April 15, 2009. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours,
/s/ Sewell Sewell R. Brumby Legislative Counsel
SRB:df Enclosures cc: Honorable Sonny Perdue
Honorable Mark Taylor Honorable Terry Coleman Honorable William B. Kuhlke

FRIDAY, JANUARY 30, 2004

355

Honorable Ralph Hudgens Honorable Chuck Clay Mr. Harold Linnenkohl Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr.

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

January 29, 2004

TO:

HONORABLE CATHY COX

SECRETARY OF STATE

This is to certify that Honorable William B. Kuhlke has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Ninth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2004, and expiring April 15, 2009.

This 29th day of January, 2004.

/s/ Mark Taylor President of the Senate

/s/ Terry Coleman Speaker, House of Representatives

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

January 29, 2004

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JOURNAL OF THE HOUSE

Honorable Terry Coleman Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable William B. Kuhlke was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 2004, and expiring April 15, 2009.
Respectfully submitted,
/s/ Ralph Hudgens Honorable Ralph Hudgens Senator, District 47 Chairman
/s/ Sistie Hudson Honorable Sistie Hudson Representative, District 95 Secretary

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

January 29, 2004

Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Taylor:

FRIDAY, JANUARY 30, 2004

357

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 28, 2004, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable William B. Kuhlke was elected as a member of the State Transportation Board from the Ninth Congressional District to serve a term beginning April 16, 2004, and expiring April 15, 2009.
Respectfully submitted,
/s/ Ralph Hudgens Honorable Ralph Hudgens Senator, District 47 Chairman
/s/ Sistie Hudson Honorable Sistie Hudson Representative, District 95 Secretary

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 2, 2004.

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Representative Hall, Atlanta, Georgia Monday, February 2, 2004

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

Cooper Crawford Cummings Dean Deloach Dollar Dooley Douglas Dukes Ehrhart Epps Fleming Fludd Forster Franklin Golick Graves, D Graves, T Greene Greene-Johnson Harbin Harper Heard, J Heath Heckstall Hembree Henson Hill, C

Hill, C.A Hill, V Hines Houston Howell Hudson Hugley James Jamieson Jenkins, C.F Jones Jordan Keen Knox Lane Lewis Lord Maddox Manning Marin Martin E Massey Maxwell Millar Mills Mitchell Moraitakis

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

Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Stanley-Turner Stephens, E Stephens, R Stephenson Stokes E Stoner Teilhet Teper Thomas, A.M Thompson Walker, L Warren Watson Westmoreland White Wilkinson 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 Anderson of the 100th; Bordeaux of the 125th; Brown of the 89th; Buckner of the 82nd; Day of the 126th; Dodson of the 84th, Post 1; Drenner of the 57th; Elrod of the 25th; Floyd of the 132nd; Floyd of the 69th, Post 2; Hanner of the 133rd; Holmes of the 48th, Post 1; Howard of the 98th; Jackson of the 124th, Post 1; Jenkins of the 93rd; Lucas of the 105th; Lunsford of the 85th, Post 2; Mangham of the 62nd; McBee of the 74th; McCall of the 78th; McClinton of the 59th, Post 1; Porter of the 119th; Powell of the 23rd; Ralston of the 6th; Randall of the 107th; Ray of the 108th; Roberts of

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the 135th; Smith of the 76th; Smyre of the 111th; Snow of the 1st; Walker of the 71st, Post 1; Willard of the 40th; and Wix of the 33rd, Post 1.
They wish to be recorded as present.

Prayer was offered by Apostle Nathaniel Jackson, Sr., Pastor, Faith Deliverance Christian Church, Morrow, Georgia.

The members pledged allegiance to the flag.

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

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

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

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HB 1293. By Representative Parham of the 94th:
A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to require hospitals receiving state funds to conduct chemical testing of the blood, breath, or urine of a suspect in a law enforcement officer's custody when such testing is requested by such officer acting within the scope of his or her official duties; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1294. By Representatives Sims of the 130th, Boggs of the 145th, Smith of the 129th, Post 2 and Roberts of the 131st:
A BILL to provide for operation of certain all-terrain vehicles on highways and insurance, licensing, registration, titling, and equipment requirements related thereto; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings; to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1295. By Representatives Smith of the 13th, Post 2, Skipper of the 116th, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; and for other purposes.

Referred to the Committee on Transportation.

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HB 1296. By Representatives Beasley-Teague of the 48th, Post 2, Brooks of the 47th, Manning of the 32nd, Powell of the 23rd and Maddox of the 59th, Post 2:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a taxpayer who is a full, part-time, or retired member of the military or armed services of the United States or any reserve component thereof shall not be subject to state income tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1297. By Representatives Thompson of the 69th, Post 1, Dooley of the 33rd, Post 3 and Warren of the 99th:
A BILL to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide a short title; to change the definition of a certain term; to provide for a rebuttable presumption that certain conditions contracted by firefighters were contracted in the line of duty; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1298. By Representatives Franklin of the 17th, Hines of the 35th, Coan of the 67th, Post 1, Burmeister of the 96th, Walker of the 71st, Post 1 and others:
A BILL to amend Chapter 1 of Title 39 of the Official Code of Georgia Annotated, relating to minors in general, so as to change provisions relating to the status of minors; to provide a short title; to provide that a minor shall not have the legal capacity to contract or give legal consent; and for other purposes.

Referred to the Committee on Judiciary.

HB 1299. By Representatives Bruce of the 45th, Willard of the 40th, Walker of the 115th, Thomas Morgan of the 33rd, Post 2, Stokes of the 72nd and others:

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A BILL to amend Chapter 18 of Title 15 and Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating respectively to prosecuting attorneys and pretrial proceedings, so as to provide for juvenile justice reforms; to provide training programs for prosecuting attorneys; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes; and for other purposes.

Referred to the Committee on Judiciary.

HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th:
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 prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1301. By Representatives Moraitakis of the 42nd, Post 4, Dodson of the 84th, Post 1 and Oliver of the 56th, Post 2:
A BILL to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change the description of the offense; to change a definition; and for other purposes.

Referred to the Committee on Banks & Banking.

HB 1302. By Representatives Lunsford of the 85th, Post 2, Buckner of the 82nd, Westmoreland of the 86th, Burmeister of the 96th, Greene-Johnson of the 60th, Post 3 and others:

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A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the "Small Business Employee Choice of Benefits Health Insurance Plan Act"; to provide a short title; to provide for legislative intent; to provide definitions; to provide that plan policies or contracts not subject to state mandated health benefits must be offered in addition to policies or contracts subject to state mandated health benefits by insurers to group or individual policyholders; and for other purposes.

Referred to the Committee on Insurance.

HB 1303. By Representative Jamieson of the 22nd:
A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1304. By Representatives Rogers of the 20th and Reece of the 21st:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for timely payment for goods and services purchased by local boards of education; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations, counties, and other governmental entities, so as to provide for timely payment for goods and services purchased by local governments and local authorities; and for other purposes.

1/30/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1304. This notice is made prior to or upon reading the Bill the first time.

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/s/ Representative Rogers District 20

Referred to the Committee on State Planning & Community Affairs.

HB 1305. By Representatives Lunsford of the 85th, Post 2, Richardson of the 26th, Westmoreland of the 86th, Walker of the 115th, Keen of the 146th and others:
A BILL to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to authorize the proceeds of such tax to be used to retire certain general obligation debt; and for other purposes.

1/30/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1305. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lunsford District 85, Post 2

Referred to the Committee on Ways & Means.

HB 1306. By Representatives Lunsford of the 85th, Post 2, Richardson of the 26th, Westmoreland of the 86th, Walker of the 115th, Keen of the 146th and others:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to change certain provisions regarding special county sales and use tax; to provide definitions; to provide for the issuance of general obligation debt for certain projects; and for other purposes.

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1/30/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1306. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lunsford District 85, Post 2

Referred to the Committee on Ways & Means.

HB 1307. By Representatives Amerson of the 9th, Burmeister of the 96th, White of the 3rd, Post 2 and Murphy of the 14th, Post 2:
A BILL to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide that Purple Heart license plates shall be available for motorcycles; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1308. By Representatives Forster of the 3rd, Post 1, Hines of the 35th, GreeneJohnson of the 60th, Post 3 and Bunn of the 63rd:
A BILL to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to require that all persons holding civil office shall have obtained a high school diploma or its recognized equivalent; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1309. By Representatives Sims of the 130th, Marin of the 66th and Hill of the 81st:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a temporary reduction in

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state income taxes; to provide for additional requirements for reporting; to provide for a temporary suspension of certain exemptions from sales and use taxes; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to drivers license applications and fees, so as to provide for special class licenses; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1310. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Brooks of the 47th, Hugley of the 113th, Reece of the 11th and others:
A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; and for other purposes.

Referred to the Committee on Education.

HR 1098. By Representatives White of the 3rd, Post 2, Graves of the 10th, Ralston of the 6th, Willard of the 40th, Rogers of the 15th and others:
A RESOLUTION urging the Congress of the United States to propose an amendment to the Constitution of the United States to prohibit judicial taxation; and for other purposes.

Referred to the Committee on Judiciary.

HR 1117. By Representatives Forster of the 3rd, Post 1, Hines of the 35th, GreeneJohnson of the 60th, Post 3 and Bunn of the 63rd:
A RESOLUTION proposing an amendment to the Constitution so as to provide that persons who have not obtained a high school diploma or its recognized equivalent are not eligible to hold any office or appointment of honor or trust in this state; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HR 1118. By Representative Mobley of the 58th:
A RESOLUTION creating the House Study Committee on Health Care Bonds; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283

HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HR 1095 HR 1096 SB 184 SB 393 SB 395 SB 400 SB 411 SR 561

Pursuant to Rule 52, Representative Epps of the 90th moved that the following Bill of the House be engrossed:

HB 1282. By Representatives Epps of the 90th and Crawford of the 91st:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes.

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The motion prevailed.

Pursuant to Rule 52, Representative O`Neal of the 117th moved that the following Bill of the House be engrossed:

SB 400. By Senators Lee of the 29th, Shafer of the 48th and Smith of the 52nd:

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 regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levis Call: Georgias Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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
Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin N Massey N Maxwell

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

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

N Coan N Coleman, B N Cooper
Crawford Y Cummings

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

Y McBee Y McCall Y McClinton Y Millar Y Mills

N Rynders Sailor
N Scott Y Shaw N Sheldon

On the motion the ayes were 113, nays 46. The motion prevailed.

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

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 229 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 401. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

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SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 588. By Senators Crotts of the 17th, Johnson of the 1st and Gillis of the 20th:
A Resolution designating the George H.W. Bush Presidential Parkway; and for other purposes.

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

SB 401. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 425. By Senators Collins of the 6th, Cagle of the 49th, Price of the 56th, Tanksley of the 32nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to the allocation of funds for public roads, so as to change the provisions regarding the balancing of federal and state funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Transportation.

SR 588. By Senators Crotts of the 17th, Johnson of the 1st and Gillis of the 20th:
A Resolution designating the George H.W. Bush Presidential Parkway; and for other purposes.

Referred to the Committee on Transportation.

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative James of the 114th arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

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

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

Representative Buck of the 112th arose to a point of personal privilege and addressed the House.

Representative Howard of the 98th arose to a point of personal privilege and addressed the House.

Representative Houston of the 139th arose to a point of personal privilege and addressed the House.

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

HR 1119. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION honoring and commemorating the birth of the New Georgia Encyclopedia and inviting the Georgia Humanities Council's president, Dr. Jamil S. Zainaldin, to appear before the House of Representatives; and for other purposes.

HR 1120. By Representatives Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending Mr. Darrion Mitchell and inviting him to appear before the House of Representatives; and for other purposes.

HR 1121. By Representatives Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:
A RESOLUTION commending the Georgia Optometric Association on its 100th anniversary and inviting Dr. Jerry Prchal to appear before the House of Representatives; and for other purposes.

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

HB 1055. By Representatives Childers of the 13th, Post 1, Porter of the 119th, Reece of the 11th, Stephens of the 124th, Post 2, Stephens of the 123rd and others:
A BILL to amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, so as to provide for the establishment of a state-wide telecommunication system capable of providing audible universal information access services to blind and print disabled citizens; to authorize the Public Service Commission to contract for the administration and operation of such system; to provide for the use of a portion of the monthly maintenance surcharge to be used to fund such system; to provide for immunity for the commission and for the providers of such system; to establish criteria for the selection of a service provider; to provide for eligibility guidelines and funding for the audible universal information access service; to set a date for the beginning operation of such 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. Part 1A of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the telephone system for the physically impaired, is amended by striking Code Section 46-5-30, relating to establishment, administration, and operation of state-wide dual party relay service, and inserting in its place the following:
"46-5-30. (a) The General Assembly finds and declares that it is in the public interest to provide basic telecommunication services to all citizens of this state who, because of physical impairments, particularly hearing and speech impairments, cannot otherwise communicate over the telephone. It is further in the public interest to take advantage of innovative technological uses of basic telecommunications services to allow for universal access to information by blind and otherwise print disabled citizens of this state. (b) The commission shall establish, implement, administer, and promote a state-wide single provider dual party relay service operating seven days per week, 24 hours per day, and contract for the administration and operation of such relay service. The commission shall also establish, implement, administer, and promote a state-wide audible universal information access service operating seven days per week and 24 hours per day and shall contract for the administration and operation of such information access service. The commission shall also further establish, implement, administer, and promote a telecommunications equipment distribution program and contract for the administration and operation of such program. (c) The commission shall require all local exchange telephone companies in this state, except those operated by telephone membership corporations, to impose a monthly

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maintenance surcharge on all residential and business local exchange access facilities. For the purpose of this subsection, 'exchange access facility' means the access from a particular telephone subscribers premise to the telephone system of a local exchange telephone company. 'Exchange access facility' includes local exchange company provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the commission. The amount of the surcharge shall be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this Code section and provide the services on an ongoing basis; however, in no case shall the amount exceed 20 per month. A maximum of $0.05 of this monthly surcharge per access line shall be utilized for a telecommunications equipment distribution program and a maximum of $0.01 of this monthly surcharge per access line shall be utilized to fund an audible universal information access service. If the projected cost of the operation of the relay service exceeds a monthly surcharge of $0.15 at any time, funding for the telecommunications equipment distribution program and the audible universal information access service will be reduced by the amount required to fully fund the relay service, under the existing cap of $0.20 for the period of time necessary. No additional fees other than the surcharge authorized by this subsection shall be imposed on any user of such relay or information access service. The local exchange companies shall collect the surcharge from their customers and transfer the moneys collected to a special fund to be held separate from all other funds. The fund shall be used solely for the administration and operation of the relay service, the information access service, and the telecommunications equipment distribution program and shall not be imposed, collected, or expended for any other purpose. (d) The dual party relay system shall protect the privacy of persons to whom relay services are provided and shall require all operators to maintain the confidentiality of all telephone messages. The confidentiality and privacy of persons to whom relay services are provided will be protected by means of the following:
(1) The relay center shall not maintain any form of permanent copies of messages relayed by their operators or allow the content of telephone messages to be communicated to, or accessible to, nonstaff members; (2) Persons using the relay services shall not be required to provide any personal identifying information until the party they are calling is on the line, and shall only be required to identify themselves to the extent necessary to fulfill the purpose of their call; (3) Relay operators shall not leave messages with third parties unless instructed to do so by the person making the call; (4) Relay operators shall not intentionally alter a relayed conversation; and (5) Relay operators shall not refuse calls or limit the length of calls. (e) Neither the commission nor the provider providers of the dual party relay system service or the audible universal information access service nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees of the providers of the dual party relay system service or the audible universal information access service shall

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be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of the dual party relay system service or the audible universal information access service. (f) The commission shall select the telecommunications carrier which will provide the relay system service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in having access to a high quality and technologically advanced telecommunication system, and all other factors listed in the commissions request for proposals. (f.1) The commission shall select the service provider which will provide and manage the audible universal information access service and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the blind and print disabled community in having access to a high quality and technologically advanced interactive audible universal information access system, maintaining such system, and receiving training on the use of such service, outreach efforts, and all other factors listed in the commissions request for proposals. (g) The commission shall select a distribution agency to manage the telecommunications equipment distribution program and award the contract for this service to the offerer whose proposal is the most advantageous to the state, considering price, the interests of the hearing impaired and speech impaired community in obtaining appropriate and effective telecommunications equipment, the training of recipients on the use of telecommunication devices, outreach efforts, and all other factors listed in the commissions request for proposals. (h) The commission shall establish guidelines for eligibility for participation in the distribution program, taking into consideration a persons certified medical need and prohibiting distribution of telecommunications equipment to any person whose income exceeds 200 percent of the federal poverty level. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for any such contracts will be covered by the $0.05 portion of the monthly surcharge utilized for the telecommunications equipment distribution program. (i) The commission shall establish eligibility guidelines for participation in the audible universal information access service, taking into account a persons certified medical need. The commission shall utilize appropriate external expertise, as necessary, to establish these guidelines, including contracting with public agencies or private entities. Funding for such contracts will be covered by the $0.01 portion of the monthly surcharge utilized for the audible universal information access service. (i)(j) The commission shall establish a telecommunications equipment distribution program advisory committee to provide input on program operation and the types of equipment to be, and being, distributed by the program. The commission shall select the equipment to be distributed by the program and shall incorporate this selection into the commissions request for proposals for a distribution agency. (j)(k) The commission shall provide that the dual party telephone relay telephone

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system shall be operational no later than July 1, 1991, and that the telecommunications equipment distribution program shall be operational no later than March 31, 2003, and the audible universal information access service shall be operational no later than July 1, 2005."
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 E Benfield
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 Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Jenkins, C.F 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 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 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 E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representatives Dukes of the 136th, Jenkins of the 93rd and Jenkins of the 8th 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 366. By Representatives Coleman of the 65th, McBee of the 74th, Cummings of the 19th, Jamieson of the 22nd and Mills of the 67th, Post 2:
A BILL to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, so as to provide that a teacher who was retired on a service retirement on December 31, 2003, may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; to define certain terms; to provide that such teachers prior service shall be used in determining salary; to provide for an employers contribution; to provide that no such teacher shall receive additional retirement credits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers

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Retirement System of Georgia, is amended by striking in its entirety Code Section 47-3127.1, relating to the employment of retired teachers as full-time teachers, the period of such employment, and automatic termination, and inserting in lieu thereof the following:
"47-3-127.1. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means a certified teacher of grades prekindergarten through 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. (2) 'Improvement specialist' means a certified teacher employed by a regional educational service agency as defined in Code Section 20-2-270 for the purpose of implementing an improvement plan or strategy at a qualified school. (3) 'Qualified school' means a school identified by the State Board of Education prior to the beginning of each school year:
(A) For the school years beginning in the years 2002 and 2003, as a school needing improvement that fails for two or more consecutive years to make adequate yearly progress pursuant to Title 1, Part A of the No Child Left Behind Act of 2001, Public Law 107-110; (B) For the school years beginning in 2002 and 2003, as having 50 percent or more of its students failing to meet the standard that should be achieved by students in any subject area at any grade level as designated by the Office of Education Accountability in Code Section 20-14-31; or (C) For school years beginning after 2003, as having received a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the Office of Education Accountability based on the indicators adopted under Code Section 20-14-33 or as otherwise recommended by the office as part of an improvement strategy for the school in whole or in part under Code Section 20-14-41. (4) 'Retired teacher' means a member of this retirement system who was retired on December 31, 2001, on a service retirement with at least 30 years of creditable service or after attaining the age of 60 years. (b)(1) A local school system may employ a retired teacher as a full-time classroom teacher in a qualified school and such person shall be subject to the provisions of subsection (c) of this Code section if the State Board of Education certifies to the board of trustees that the local school system is employing the retired teacher in a qualified school. (2) A regional educational service agency established pursuant to Code Section 20-2270 may employ a retired teacher as an improvement specialist in a qualified school and such person shall be subject to the provisions of subsection (c) of this Code section if the State Board of Education certifies to the board of trustees that the local school system is employing the retired teacher in a qualified school. (3) The number of retired teachers any local school system may employ under this subsection shall not exceed 1 percent of the total number of full-time classroom teachers employed by the school system at the end of the preceding contract year;

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provided, however, that any local school system may employ at least ten retired teachers. (4) No retired teacher may be employed under the provisions of this subsection until he or she has been retired under this retirement system for at least one month. (5) No retired teacher shall be employed under the provisions of this subsection for more than a total of five years. Each such retired teacher shall be employed under a contract not exceeding 12 months in duration. The certification of the State Board of Education provided for in paragraph (1) of this subsection shall be required prior to each subsequent contract. No local school system shall enter into a contract for services to be performed on or after July 1, 2008. (6) The salary paid to any retired teacher employed as a classroom teacher under this Code section shall be commensurate with the position and the individuals qualifications and experience. Teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No state funds for health insurance shall be earned for the requested state salary amount. (7) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (8) A public school system employing a retired teacher pursuant to this subsection shall notify the board of trustees of this retirement system in writing as soon as practicable, but not later than the commencement of employment, providing such information as the board deems proper. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher for a total of not more than five years if he or she is employed solely under the conditions contained in this Code section, and such members benefits under this article shall not be affected; provided, however, that the provisions of this subsection shall not apply to service performed on or after July 1, 2008. Any such retired teacher so employed shall not retain any tenure as he or she had prior to his or her retirement, shall not be considered an active member of this retirement system, shall not accrue any additional benefits, shall not pay employee contributions to this retirement system, and shall not be eligible for employment benefits, including, without limitation, life and health insurance, by virtue of such employment. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation. Any teacher subject to this subsection may elect at any time to suspend his or her retirement benefits and become a regular full-time teacher as otherwise provided in this chapter, but no service accrued under this subsection shall under any circumstances be used to calculate a benefit under this chapter. (d) Any public school system which employs a retired teacher of this retirement system and which fails to comply with the provisions of this subsection, and the retired teacher

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so employed, shall be subject to all other provisions of this chapter, including, without limitation, Code Section 47-3-127. (e) This Code section shall be automatically repealed on July 1, 2008, and no person shall have any rights pursuant to the provisions of this Code section on and after that date. (a) As used in this Code section, the term:
(1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. (2) 'Retired teacher' means a member of this retirement system who was retired on a service retirement on December 31, 2003. (b)(1) A local school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, counselor, or librarian and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a member who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a member who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individuals qualifications. Teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (3) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, counselor, or librarian and such members benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not

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become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Day 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 E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

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On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 941. By Representatives Purcell of the 122nd, Ray of the 108th 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.

The following Committee substitute was read and adopted:

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; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, is amended by striking Code Section 44-14-490, relating to liens for treatment, board, or care of animals and right to retain possession, and inserting in lieu thereof the following:
"44-14-490. (a) Every licensed veterinarian and every operator of a facility for boarding animals or pets shall have a lien on each animal or pet treated, boarded, or cared for by them him or her while in their his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet; and the veterinarian or operator of a facility shall have the right to retain the animal or pet until the charges are paid.
(b)(1) Every operator of a facility for boarding animals or pets which facility is licensed by the Department of Agriculture, other than a licensed veterinarian, shall

MONDAY, FEBRUARY 2, 2004

383

have a lien on each animal or pet in his or her care for the payment of all charges of such operator; and the operator of such a facility shall have the right to retain the animal or pet until the charges are paid in full. (2) For purposes of this subsection, the term:
(A) 'Charges' means: (i) Any charges, fees, expenses, and reimbursements which have been contracted for, agreed to, or otherwise mutually acknowledged by written agreement, course of conduct, or understanding, including but not limited to: (I) Board, care, services, and treatment of the animal or pet, whether provided by the operator or by a third party and incurred by the operator; (II) Farrier and veterinary fees and expenses incurred by the operator for or on behalf of the boarded animal or pet; and (III) Fees and expenses for transportation of the animal or pet; and (ii) Late payment fees, returned check fees, and all costs of collection, including but not limited to reasonable attorney fees and expenses of litigation and costs of sale.
Charges shall not include fees, expenses, or commissions of any kind relating to purchase, sale, or lease of such animal or pet, other than a sale pursuant to Code Section 44-14-491. (B) 'Facility Facilities for boarding animals or pets' shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies. (c) Any person granted a lien by this Code section may waive such lien in writing."
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 E Benfield
Birdsong Y Black
Boggs Y Bordeaux

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

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 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 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

384
Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

Y Stephens, E Y Stephens, R
Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Scott of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1095. By Representative Harbin of the 80th:
A BILL to amend Code Section 27-4-33 of the Official Code of Georgia Annotated, relating to spearing of fish, so as to authorize the taking of certain fish by spearing in certain waters of the state; and for other purposes.

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

MONDAY, FEBRUARY 2, 2004

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E 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 N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen
Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

385
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1208. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Parsons of the 29th, Casas of the 68th and Reece of the 11th:
A BILL to amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, so as to change the provisions relating to school councils and their membership, selection, terms,

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powers, duties, officers, operations, bylaws, meetings, practices, and procedures; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices, and procedures; to change the provisions relating to the powers and duties of local boards of education and local school officials; to change the provisions relating to training programs for school councilmembers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to community involvement in education and the role of local boards of education and school councils, is amended by striking Code Section 20-2-86, relating to operation of school councils, and inserting in lieu thereof the following:
"20-2-86. (a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. Local boards of education may by board policy allow an alternative to a school council at a charter school, an alternative school, or a psychoeducation center if

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another governance body or advisory council exists that performs a comparable function. (b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The Additional training program programs shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training annually. The State Board of Education shall develop and make available a model school council training program. (c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote of five members of the council, withdraw such persons membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older The number of councilmembers shall be specified in the councils bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members of the school council shall include:
(1) Two At least two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students; (2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community; (3) Two At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and (4) The school principal.; and (5) Other members as specified in the councils bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Selection procedures for these members and the business members shall be specified in the councils bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a

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different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal. (e) Members of the council shall serve for a term of two years or for such other term as may be specified in the councils bylaws, except as provided in this subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers pursuant to paragraph (1) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated:
(1) If a member shall resign; (2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled. (f) All meetings of the school council shall be held at the school site open to the public. The council shall meet once a month, at least four times annually and the number of meetings shall be specified in the councils bylaws. The council shall also meet at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council and shall include the date, time, and location of the meeting. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees. (g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council. The school council shall specify in its bylaws the month in which elections are to be held and shall specify a nomination and election process.

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(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five a twothirds affirmative votes vote. The State Board of Education shall develop and make available model school council bylaws. (i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
(j)(1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed elected by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with for the term of members of the council specified in the councils bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her be required by the council. (3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be. (k) The members of the school council are accountable to the constituents they serve and shall: (1) Maintain a school-wide perspective on issues; (2) Regularly participate in council meetings; (3) Participate in information and training programs; (4) Act as a link between the school council and the community; (5) Encourage the participation of parents and others within the school community; and (6) Work to improve student achievement and performance. (l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education. (m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum. (n) The term of office of all councilmembers shall begin on July 1 and end on June 30 the dates specified in the councils bylaws. (o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups. (p) The local board of education shall provide all information not specifically made confidential by law, including school site budget and expenditure information and site

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average class sizes by grade, to the council as requested or as required by state law or state board rule. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board. The central administration shall be responsive to requests for information from a school council. (q) The local board of education shall receive and consider all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Public notice shall be given to the community of the local boards intent to consider school council reports, or recommendations, appointments, or any other decision of a school council; (2) Written notice shall be given to the members of the school council at least seven days prior to such a local board meeting, along with a notice of intent to consider a council report, or recommendation, appointment, or any other decision of the council; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school councils action; and report or recommendation. (4) A majority of the board members present, representing a quorum, vote to overturn the council decision. The local board of education shall respond to each recommendation recommendations of the school council within 60 days after being notified in writing of the recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same; (2) Serve as chairperson of the school council and perform Perform all of the duties required by law and the bylaws of the council; (3) Speak for and represent the council in all school council matters before the local board of education; (4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent; (5)(4) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and (6)(5) Develop Aid in the development of the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and.

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(7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter. (s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following: (1) School calendar board policies; (2) School codes for conduct and dress improvement plans; (3) Curriculum, program goals, and priorities and assessments; (4) The responses of the school to Report cards issued or audits of the school as conducted by the Office of Education Accountability; (5) Preparation and distribution to the community Development of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate; (6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council; (7)(6) School budget priorities, including school capital improvement plans; (8)(7) School-community communication strategies; (9)(8) Methods of reporting to involving parents and communities other than through the school profile the community; (10)(9) Extracurricular activities in the school; (11)(10) School-based and community services; (12)(11) Community use of school facilities; (13)(12) Recommendations concerning school board policies Student discipline and attendance; (14)(13) Receiving and reviewing reports Reports from the school principal regarding progress toward the schools student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and (15)(14) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students. (t) The role of the school council in the principal selection process shall be determined in policy written by the local board of education."
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.

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers 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 E 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 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, C Y Jenkins, C.F 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 E Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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 Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1186. By Representatives Crawford of the 91st and Ray of the 108th:
A BILL to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to define a term

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393

relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection of property; to change certain provisions relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black
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
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 E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell
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, C Y Jenkins, C.F 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 E Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 167, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Heard of the 70th, Post 3 was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1177. 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 requirements relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to change certain provisions relating to issuance of forms by the department; and for other purposes.

The report of the Committee, which was favorable to the 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 E 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 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
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming E Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y 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 Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson

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

MONDAY, FEBRUARY 2, 2004

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

Y Manning E Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

395
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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 242. By Representatives McCall of the 78th, Day of the 126th, Skipper of the 116th and Westmoreland of the 86th:
A BILL to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for the effect of noncompliance with such publication requirement; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for certain emergencies; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, is amended by designating the existing provisions thereof as Article 1 of said chapter.

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SECTION 2. Said chapter is further amended by striking the word "chapter" and inserting "article" in lieu thereof wherever the former term appears in:
(1) Code Section 12-16-1, relating to a short title; (2) Code Section 12-16-3, relating to definitions; (3) Code Section 12-16-6, relating to required reconciliation of existing authority; (4) Code Section 12-16-7, relating to effect of article on federal environmental policy requirements; and (5) Code Section 12-16-8, relating to directors guidelines to assist government agencies.
SECTION 3. Said chapter is further amended by adding a new Article 2 to read as follows:
"ARTICLE 2
12-16-20. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Covered action' means the issuance by the department or the division of any state-wide or regional permit or any standard or other policy contemplated by any state environmental law or environmental regulation. (4) 'Department' means the Department of Natural Resources. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Environmental regulation' means a rule or regulation promulgated by the board to enforce or implement a state environmental law. (7) 'State environmental law' means any of the following Acts of the General Assembly, as now or hereafter amended: (A) Part 3 of Article 2 of Chapter 4 of this title, the 'Georgia Surface Mining Act of 1968'; (B) Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act'; (C) Part 2 of Article 3 of Chapter 5 of this title, the 'Ground-water Use Act of 1972'; (D) 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; (E) Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985'; (F) Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977';

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397

(G) Part 3 of Article 5 of Chapter 5 of this title, the 'Georgia Safe Dams Act of 1978'; (H) Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975'; (I) Part 1 of Article 2 of Chapter 8 of this title, the 'Georgia Comprehensive Solid Waste Management Act'; (J) Part 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act'; (K) Article 9 of Chapter 8 of this title, the 'Georgia Hazardous Site Reuse and Redevelopment Act'; (L) Article 1 of Chapter 9 of this title, 'The Georgia Air Quality Act'; (M) Article 2 of Chapter 9 of this title, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; (N) Chapter 12 of this title, the 'Georgia Asbestos Safety Act'; (O) Chapter 13 of this title, the 'Georgia Underground Storage Tank Act'; (P) Chapter 14 of this title, relating to oil or hazardous material spills or releases; (Q) Chapter 13 of Title 31, the 'Georgia Radiation Control Act'; and (R) Any Act of the General Assembly empowering and directing the board to comply with federal statutes relating to clean water, clean air, or the environment.
12-16-21. (a)(1) Prior to the boards promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement of rationale: (A) Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, standard, or policy on the same subject; or (B) Whenever an environmental regulation or a covered action will: (i) Result in the removal of any specific requirement, prohibition, or duty imposed by an existing environmental regulation, standard, or policy; (ii) Result in any prohibition, requirement, or duty imposed by an existing environmental regulation, standard, or policy becoming narrower in scope of applicability; (iii) Decrease or render any requirement imposed by an existing environmental regulation, standard, or policy less stringent or restrictive; or (iv) Repeal an existing environmental regulation, standard, or policy. (2) Such statement shall accompany any notice required by Code Section 50-13-4.
(b) The detailed statement of rationale shall state the basis for the regulation or covered action, including the scientific or technical basis, alternative policy considerations, and estimated cost to implement to the department and the regulated community and shall identify any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the environmental regulation or covered action.

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(c) The scope and level of detail of each detailed statement of rationale shall be determined by the director of the division or the commissioner.
12-16-22. Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health and welfare.
12-16-23. The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

Y Mitchell Mobley
N Moraitakis Y Morris
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 Y Purcell Y Ralston Y Randall Y Ray N Reece, B

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

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

MONDAY, FEBRUARY 2, 2004

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

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

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

399
Y Walker, R.L Y Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smyre of the 111th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1175. By Representatives Jamieson of the 22nd, Greene of the 134th, Oliver of the 56th, Post 2, Stephens of the 123rd, Graves of the 106th and others:
A BILL to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors of such programs, or inmates enrolled in such programs; and for other purposes.

The following amendment was read:

Representatives Jamieson of the 22nd, Greene of the 134th, and Houston 139th move to amend HB 1175 by inserting between "programs"; and "to" on line 4 of page 1 the following:
"to provide for additional members of the State Board of cosmetology;"
By inserting between lines 23 and 24 of page 1 the following:

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"SECTION 1A. Said chapter is further amended by striking Code Section 43-10-2, relating to creation of the State Board of Cosmetology, and inserting in its place a new Code Section 43-10-2 to read as follows:
'43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine 11 members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and be high school graduates; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office.
(e)(1) Nine board Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies with respect to such members shall be filled by the Governor for the unexpired portion of the term. (2) The President of the Senate shall appoint one member of the board and the Speaker of the House of Representatives shall appoint one member of the board. Each such member shall serve for a term of three years and until such persons successor is appointed and qualified. Vacancies with respect to such members shall be filled by the officer who originally appointed such member for the remainder of the unexpired portion of the term. (3) The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. (f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof.

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401

(g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction.'"

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

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

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, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson Y Roberts, J
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 N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 116, nays 52. The amendment was adopted.

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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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers
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 E Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E 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 Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning E 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
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 Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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403

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

HR 1122. By Representatives Hines of the 35th, Coleman of the 65th, Jamieson of the 22nd and Rogers of the 20th:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and inviting the officers of PAGE to appear before the House of Representatives; and for other purposes.

HR 1123. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2, Bruce of the 45th and Beasley-Teague of the 48th, Post 2:
A RESOLUTION honoring and commending Mr. Jamal Lewis and inviting him to appear before the Georgia House of Representatives; and for other purposes.

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

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Representative Hall, Atlanta, Georgia Tuesday, February 3, 2004

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

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

Amerson Anderson Ashe Bannister Barnard Barnes E Benfield Birdsong Black Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Bunn Burmeister Campbell Chambers Channell Childers Coleman, B Cooper Crawford Cummings

Day Dean Deloach Dodson Dooley Douglas Drenner Dukes Ehrhart Epps Fleming E Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, D E Graves, T Greene Hanner Harbin Harper E Harrell Heard, J Heard, K Heath

Hembree Hill, C Hill, C.A Hill, V Hines Howard Howell Hugley Jackson James Jamieson Jenkins, C.F Jones Joyce Keen Lane Lewis Lord Lunsford Mangham Manning Marin Massey Maxwell McBee McClinton Millar

Mills Mitchell Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Powell Ralston Randall Reece, S Rice Richardson Rogers, C Rogers, Ch. E Royal Rynders Sheldon

Sholar Skipper Smith, B Smith, L Smith, T Smith, V Snow Stanley-Turner Stephens, E Stephens, R Stokes E Stoner Teilhet Teper Thompson Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Beasley-Teague of the 48th, Post 2; Boggs of the 145th; Buckner of the 82nd; Burkhalter of the 36th; Butler of the 88th, Post 1; Coan of the 67th, Post 1; Dix of the 70th, Post 2; Dollar of the 31st; Elrod of the 25th; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Henson of the 55th; Houston of the 139th; Jenkins of the 93rd; Knox of the 14th, Post 1; Lucas of the 105th; Maddox of the 59th, Post 2; Mobley of the 58th; Purcell of the 122nd; Ray of the 108th; Reece of the 11th; Roberts of the 135th; Roberts of the 131st; Sailor of the 61st, Post 1; Scott of the 138th; Shaw of the 143rd; Sims of the 130th; Sinkfield of the 50th; Smith of the 13th, Post 2; Smyre of the

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405

111th; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Thomas of the 33rd, Post 2; Walker of the 71st, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Mike Stone, Pastor, Emmanuel Baptist Church, Blackshear, 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 1311. By Representative Powell of the 23rd:

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A BILL to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1312. By Representatives Campbell of the 39th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend an Act to reincorporate the City of Roswell in the County of Fulton, so as to change the method of selection of the mayor pro tempore; and for other purposes.

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

HB 1313. By Representatives Buckner of the 82nd, Heard of the 70th, Post 3 and Dodson of the 84th, Post 1:
A BILL to amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to enforcement of building codes, so as to add a requirement for recipients of building permits to show proof of completion of a continuing education class in a field related to the construction they are undertaking; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1314. By Representatives Purcell of the 122nd, Houston of the 139th and Greene of the 134th:
A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to change certain provisions relating to petition to sell or otherwise dispose of property by a guardian, service, and full return; to change certain provisions relating to appointment of a successor in the event of a guardian's death when a ward may call for an

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accounting; to change certain provisions relating to procedure for appointment of guardians of incapacitated adults; and for other purposes.

Referred to the Committee on Judiciary.

HB 1315. By Representative Powell of the 23rd:
A BILL to amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to purchase of license plate or revalidation decal by mail, so as to change certain provisions relating to fees; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1316. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:
A BILL to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; and for other purposes.

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

HB 1317. By Representatives Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:
A BILL to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the Metropolitan Atlanta Rapid Transit Authority shall be eligible to receive certain funds; to amend an Act relating to the Metropolitan Atlanta Rapid Transit Authority and to the Metropolitan Atlanta Rapid Transit System, so as to repeal a certain provision relating to funding; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

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HB 1318. By Representatives Bordeaux of the 125th, Campbell of the 39th, Massey of the 24th and Mangham of the 62nd:
A BILL to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to change provisions relating to the qualifications of members of the Georgia Public Defender Standards Council and members of the public defender selection panel; and for other purposes.

Referred to the Committee on Judiciary.

HB 1319. By Representatives Jamieson of the 22nd, Royal of the 140th and Rogers of the 20th:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection against state income tax refunds, so as to authorize such setoff with respect to certain debts owed to political subdivisions of the state; to change certain provisions regarding legislative purposes; to change certain provisions regarding definitions; to change certain provisions regarding procedures for setoff and taxpayer notification; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1320. By Representatives Henson of the 55th, Smith of the 110th, Orrock of the 51st, Shaw of the 143rd, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for annual reports on the fiscal condition of the state employees' health insurance plan and on proposed schedule of premiums, deductibles, and employee cost sharing; and for other purposes.

Referred to the Committee on Appropriations.

HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd and Williams of the 61st, Post 2:

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409

A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes.

2/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1321. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Oliver District 56, Post 2

Referred to the Committee on State Planning & Community Affairs.

HB 1322. By Representatives Fleming of the 79th, Bordeaux of the 125th, Oliver of the 56th, Post 2 and Burmeister of the 96th:
A BILL to amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review of placement, so as to change the time limit requirements for the review of an adoption petition; and for other purposes.

Referred to the Committee on Judiciary.

HB 1323. By Representatives Greene-Johnson of the 60th, Post 3, Forster of the 3rd, Post 1 and Thompson of the 69th, Post 1:
A BILL to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding juries, so as to provide a short title; to provide legislative intent; to provide for the postponement of jury service under certain circumstances; to provide for the excusing of persons for jury service under certain circumstances; to provide for the rights of persons serving on juries, including job preservation,

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benefits protection, length of service, frequency of service, and small business protection; and for other purposes.

Referred to the Committee on Judiciary.

HB 1324. By Representatives Watson of the 60th, Post 2, Orrock of the 51st, Bordeaux of the 125th, Smith of the 129th, Post 2 and Smyre of the 111th:
A BILL to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide that it shall be unlawful for a railroad company or an employee of a railroad company to deny or otherwise interfere with medical treatment for an employee who is injured during the course of his or her employment; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.

Referred to the Committee on Higher Education.

HB 1326. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th, Harbin of the 80th and Lord of the 103rd:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to revise provisions relating to governmental privatization contracts; to provide for the invalidity of contracts entered into without

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411

compliance; to provide for an emergancy exception and the circumstances under which such exception shall apply; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1327. By Representatives Brooks of the 47th, Massey of the 24th, Smyre of the 111th, Buck of the 112th, Hugley of the 113th and others:
A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; and for other purposes.

Referred to the Committee on Judiciary.

HB 1328. By Representatives Snow of the 1st, Childers of the 13th, Post 1, Manning of the 32nd, Reece of the 11th and Rogers of the 20th:
A BILL to amend Article 3 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to investigations and hearings by the Public Service Commission, so as to provide that when the rates or proposed rates of any electric or gas utility have been made the subject of any proceeding before the commission, it shall be unlawful for any officer, employee, agent, or representative of such utility to engage in any ex parte communication with any member or employee of the commission concerning such proceeding; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1329. By Representatives Bordeaux of the 125th, Fleming of the 79th, Boggs of the 145th and Oliver of the 56th, Post 2:
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

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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 provide for definitions; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; and for other purposes.

2/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1329. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bordeaux District 125

Referred to the Committee on Judiciary.

HB 1330. By Representatives Harbin of the 80th, Boggs of the 145th, Golick of the 34th, Post 3, Dodson of the 84th, Post 1 and Keen of the 146th:
A BILL to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for definitions; to provide for the establishment of a task force to study the impact of health insurance mandates; to provide for the membership and appointment of members of such task force; to provide for reports and recommendations from such task force; and for other purposes.

Referred to the Committee on Insurance.

HB 1331. By Representatives Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Code Section 15-11-79.2 of the Official Code of Georgia Annotated, relating to sealing of records, grounds, notice and hearing, the effect of an order, and limitations on issuing orders, so as to change provisions relating to mandatory sealing of records under certain circumstances; and for other purposes.

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413

Referred to the Committee on Judiciary.

HB 1332. By Representatives McClinton of the 59th, Post 1, Royal of the 140th, Ashe of the 42nd, Post 2, Stephenson of the 60th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain symphony halls; and for other purposes.

2/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1332. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McClinton District 59, Post 1

Referred to the Committee on Ways & Means.

HB 1333. By Representatives Dollar of the 31st and Parham of the 94th:
A BILL to amend Code Section 40-5-33 of the Official Code of Georgia Annotated, relating to change of address or name on driver's license, so as to provide that a person's driver's license may show a former address under certain conditions; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1334. By Representatives Snow of the 1st, Day of the 126th, Parham of the 94th, Bridges of the 7th, Sheldon of the 71st, Post 2 and others:

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A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to include a violation of the safety belt law as an additional basis to deny an application for upgrading a Class D license to a Class C license; to provide for the separate misdemeanor offense of child endangerment where a person commits the act of racing, laying drag, fleeing and attempting to elude, reckless driving, or aggressive driving with a person under the age of 14 in the vehicle; to provide for points toward license restrictions for failure to properly restrain a child under the age of five in a vehicle; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 1124. By Representatives Jackson of the 124th, Post 1, Dukes of the 136th, Mitchell of the 61st, Post 3 and Heckstall of the 48th, Post 3:
A RESOLUTION creating the House Study Committee on Pari-mutuel Betting and Casino Gambling; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 1125. By Representatives Gardner of the 42nd, Post 3, Porter of the 119th, Rice of the 64th, Moraitakis of the 42nd, Post 4, Howell of the 92nd and others:
A RESOLUTION creating the Joint Study Committee on Truck and Highway Safety; and for other purposes.

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415

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 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304

HB 1305 HB 1306 HB 1307 HB 1308 HB 1309 HB 1310 HR 1098 HR 1117 HR 1118 SB 401 SB 425 SR 588

Pursuant to Rule 52, Representative Rogers of the 20th moved that the following Bill of the House be engrossed:

HB 1304. By Representatives Rogers of the 20th and Reece of the 21st:

A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for timely payment for goods and services purchased by local boards of education; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations, counties, and other governmental entities, so as to provide for timely payment for goods and services purchased by local governments and local authorities; and for other purposes.

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
Beasley-Teague E Benfield

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

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

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

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

416
Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler
Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

On the motion the ayes were 96, nays 54. The motion prevailed.

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

Representative 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.

Due to a mechanical malfunction, the vote of Representative Graves of the 10th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Pursuant to Rule 52, Representative Lunsford of the 85th, Post 2 moved that the following Bill of the House be engrossed:

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417

HB 1305. By Representatives Lunsford of the 85th, Post 2, Richardson of the 26th, Westmoreland of the 86th, Walker of the 115th, Keen of the 146th and others:
A BILL to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to authorize the proceeds of such tax to be used to retire certain general obligation debt; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Lunsford of the 85th, Post 2 moved that the following Bill of the House be engrossed:

HB 1306. By Representatives Lunsford of the 85th, Post 2, Richardson of the 26th, Westmoreland of the 86th, Walker of the 115th, Keen of the 146th and others:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to change certain provisions regarding special county sales and use tax; to provide definitions; to provide for the issuance of general obligation debt for certain projects; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HR 1072 Do Pass HR 1073 Do Pass HR 1074 Do Pass

HR 1075 Do Pass HR 1076 Do Pass

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

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 3, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 11th Legislative Day as enumerated below:

HB 328 HB 441 HB 746 HB 1117

Local boards of education; certain benefits; authorize funds Judicial Retirement; Fulton County State Court judges; membership Employees' Retirement; forfeited leave; include from prior service Lottery Corporation; legislative oversight committee; conform committee references

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

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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 394. By Senators Johnson of the 1st, Stephens of the 51st, Williams of the 19th and Balfour of the 9th:

TUESDAY, FEBRUARY 3, 2004

419

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 authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 405. By Senators Cheeks of the 23rd and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 406. By Senators Williams of the 19th, Johnson of the 1st, Kemp of the 3rd and Thomas of the 2nd:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.
SB 407. By Senators Johnson of the 1st, Kemp of the 46th, Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to licensing and registration of motor vehicles in general, so as to provide for the issuance of special historic preservation license plates to promote and financially provide for historic preservation efforts in Georgia; to provide for the design of such plates; to provide for the issuance and revalidation of such plates upon application and the payment of certain fees; to provide for the disposition of such fees and the intent of the General Assembly with respect to appropriations; to provide for the use of appropriated funds and reports with respect to such use; to provide

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for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 421. By Senators Unterman of the 45th, Johnson of the 1st and Moody of the 27th:
A BILL to be entitled an Act to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the training of municipal clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.
SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 430. By Senators Shafer of the 48th, Cagle of the 49th and Gillis of the 20th:
A BILL to be entitled an Act to amend Code Section 27-3-6 of the Official Code of Georgia Annotated, relating to possession of firearm while hunting with bow and arrow, so as to authorize quadriplegics to hunt deer with a firearm during archery and primitive weapons seasons on certain lands; to repeal conflicting laws; and for other purposes.

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421

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 580. By Senator Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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

SB 394.

By Senators Johnson of the 1st, Stephens of the 51st, Williams of the 19th and Balfour of the 9th:
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 authorize the reading or posting of certain writings, documents, and records without content based censorship thereof; to provide for notice to local school superintendents; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 405. By Senators Cheeks of the 23rd and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; to

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provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Banks & Banking.

SB 406. By Senators Williams of the 19th, Johnson of the 1st, Kemp of the 3rd and Thomas of the 2nd:
A BILL to be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to revocation, suspension, denial, or nonrenewal of licenses or permits and administrative and judicial review; to change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

SB 407. By Senators Johnson of the 1st, Kemp of the 46th, Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to licensing and registration of motor vehicles in general, so as to provide for the issuance of special historic preservation license plates to promote and financially provide for historic preservation efforts in Georgia; to provide for the design of such plates; to provide for the issuance and revalidation of such plates upon application and the payment of certain fees; to provide for the disposition of such fees and the intent of the General Assembly with respect to appropriations; to provide for the use of appropriated funds and reports with respect to such use; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 421. By Senators Unterman of the 45th, Johnson of the 1st and Moody of the 27th:

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A BILL to be entitled an Act to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, so as to eliminate the board of the Harold F. Holtz Municipal Training Institute; to clarify the training of municipal clerks; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 426. By Senators Tolleson of the 18th, Hamrick of the 30th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 35-8-8 of the Official Code of Georgia Annotated, relating to requirements for appointment or certification of persons as peace officers, so as to change a provision relating to fingerprint based criminal record investigation; to provide for requirements for preservice admittance to a basic training course; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 427. By Senators Hamrick of the 30th, Meyer von Bremen of the 12th and Lee of the 29th:
A BILL to be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to provide provisions for certain insurance for law enforcement personnel while on temporary assignment or loan to other law enforcement agencies for criminal investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety.

SB 430. By Senators Shafer of the 48th, Cagle of the 49th and Gillis of the 20th:

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A BILL to be entitled an Act to amend Code Section 27-3-6 of the Official Code of Georgia Annotated, relating to possession of firearm while hunting with bow and arrow, so as to authorize quadriplegics to hunt deer with a firearm during archery and primitive weapons seasons on certain lands; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

SR 580. By Senator Cagle of the 49th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may also be imposed in whole or in part for maintenance and operation of public schools with an equivalent millage rate reduction; to change certain imposition requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

Representative Williams of the 61st, Post 2 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 Smith of the 129th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

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

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

HR 1130. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Douglas of the 73rd and Stokes of the 72nd:
A RESOLUTION commending the George Walton Academy football team and its coaches and inviting them to appear before the House of Representatives; and for other purposes.

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

HR 1072. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Hampton Ammons on his 14th place finish and inviting Hampton to appear before the House of Representatives; and for other purposes.

HR 1073. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Erin Vickers on her fourth place finish and inviting Erin to appear before the House of Representatives; and for other purposes.

HR 1074. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Jerrin Flowers on his fifth place finish and inviting Jerrin to appear before the House of Representatives; and for other purposes.

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HR 1075. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farmers of America national championship forestry team and member Buck Taylor on his second place finish and inviting Buck to appear before the House of Representatives; and for other purposes.

HR 1076. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Brantley County's Future Farrmers of America national championship forestry team and their advisor, Mr. Richard Gill, and inviting Mr. Gill to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1126. By Representatives Heard of the 75th, McBee of the 74th and Smith of the 76th:
A RESOLUTION recognizing and expressing appreciation to Vince Dooley; and for other purposes.

HR 1127. By Representative Walker of the 115th:
A RESOLUTION commending and congratulating the Georgia National Fair on its 2003 Agricultural Awards of Excellence and its Hall of Honor Communications Award; and for other purposes.

HR 1128. By Representatives Heard of the 75th, McBee of the 74th and Smith of the 76th:
A RESOLUTION expressing congratulations and best wishes to Damon Evans; and for other purposes.

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427

HR 1129. By Representatives Cummings of the 19th, Coleman of the 118th, Smith of the 13th, Post 2 and Childers of the 13th, Post 1:
A RESOLUTION commending and recognizing Firefighter Chad King; and for other purposes.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.
Representative Bordeaux of the 125th moved that the House adhere to its position in insisting on its substitute to SB 182 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 Campbell of the 39th, Stokes of the 72nd and Bordeaux of the 125th.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Regulated Industries:

HB 1282. By Representatives Epps of the 90th and Crawford of the 91st:

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A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; 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 441. By Representatives Holmes of the 48th, Post 1, Campbell of the 39th, Moraitakis of the 42nd, Post 4, Willard of the 40th, Bruce of the 45th and others:
A BILL to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to be a member of such retirement system; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of such retirement system; to provide that any person serving in such position on June 30, 2004, may elect to become a member of such retirement system; to provide for a transfer of employer and employee contributions to such retirement system; to provide for a calculation of creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by striking in its entirety paragraph (14) of Code Section 47-23-1, relating to definitions, and inserting in lieu thereof the following:

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429

"(14) 'State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia; provided, however, that such term shall not include the State Court of Fulton County subject to the provisions of Code Section 4723-50."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 47-2349 a new Code section to read as follows:
"47-23-50. (a) Any person who becomes a judge of the State Court of Fulton County on or after July 1, 2004, shall become a member of this retirement system by operation of law and shall not be a member of any other public retirement system. (b) Any person serving as a judge of the State Court of Fulton County on June 30, 2004, may make an irrevocable election to become a member of this retirement system by so notifying the board of trustees not later than December 31, 2004. The local retirement system of which such person is a member shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. Such member shall receive only such creditable service not to exceed the actual years of creditable service, as that amount will warrant without creating any accrued actuarial liability to this retirement system, calculated as if the member had either elected or rejected spouses survivors benefits at the members option. Such persons shall be subject to all provisions of this chapter."
SECTION 3. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

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

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield
Birdsong 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 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 Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J E Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K
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, C Y Jenkins, C.F Y Jones
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 Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Graves of the 10th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1117. By Representatives Epps of the 90th, Jordan of the 83rd, Moraitakis of the 42nd, Post 4, Graves of the 106th and Beasley-Teague of the 48th, Post 2:
A BILL to amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia

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431

Lottery Corporation, so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield
Birdsong 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 E Casas Y Chambers Y Channell Y Childers Y Coan
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
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 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, C Y Jenkins, C.F
Jones 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 McCall Y McClinton Y Millar Y Mills

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

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 E Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 161, nays 0.

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

HB 746. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-91 of the Official Code of Georgia Annotated, relating to credit in the Employees' Retirement System of Georgia for accumulations of forfeited annual and sick leave, so as to provide that such Code section includes such forfeited annual and sick leave forfeited during certain periods of prior service; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague E 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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell
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, C Y Jenkins, C.F Y Jones
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 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 Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott

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

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Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

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Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Murphy of the 97th 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 328. By Representatives Buck of the 112th, Hugley of the 113th, Buckner of the 109th and Smith of the 110th:
A BILL to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, so as to authorize the expenditure of funds for life, disability, and liability insurance, retirement and pension coverage, social security coverage, and similar benefits for members of such local boards of education; to provide for a notice of intention; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to per diem and expenses of local boards of education, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b)(1) A local board of education is authorized to provide and expend local funds for the provision of group medical, and dental, life, disability, and liability insurance and retirement or pension coverage, social security and employment security coverage,

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and similar or related employment benefits for its members who elect to participate; provided, however, that the board must announce its intention to provide such benefits at a regularly scheduled meeting at least one month before such benefits are granted. Such insurance and benefits may be provided through a group policy or plan secured by the local school district, a group policy or plan secured by several local school districts, a policy or plan secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of or other benefits for members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such persons ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) of this subsection may continue only as long as that member continues in office and makes any contribution which is not the result of the board of educations decision to allow its members to participate in the health insurance plan. Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. (3) If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of educations decision to allow its members to participate is to establish dual eligibility for a member and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such member as a result of the local boards decision to allow its members to participate in coverage under paragraph (1) of this subsection."

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435

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 E 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 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

Y Day Y Dean Y Deloach Y Dix Y Dodson Y 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 Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

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

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

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

On the passage of the Bill, by substitute, the ayes were 162, nays 6.

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

Representative Dukes of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 1132. By Representatives Ashe of the 42nd, Post 2 and Benfield of the 56th, Post 1:
A RESOLUTION recognizing February 5, 2004, as "Girls and Women in Sports Day" and commending Georgia's outstanding female athletes; and for other purposes.

HR 1133. By Representatives Parrish of the 102nd, Coleman of the 118th, Morris of the 120th, Stephens of the 124th, Post 2 and Wix of the 33rd, Post 1:
A RESOLUTION commending the tourism industry in Georgia and establishing February 4 and 5, 2004, as a time to recognize that "Together, Tourism Works for Georgia"; and for other purposes.

HR 1134. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Downtown Athletic Club; and for other purposes.

HR 1135. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Vopak Terminal Savannah & ST Services; and for other purposes.

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437

HR 1136. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Digital Image; and for other purposes.

HR 1137. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION congratulating Gulfstream Aerospace Savannah; and for other purposes.

HR 1138. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Weyerhaeuser; and for other purposes.

HR 1139. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Engelhard Corporation; and for other purposes.

HR 1140. By Representatives Day of the 126th, Jackson of the 124th, Post 1, Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION congratulating Advertising Specialty Services; and for other purposes.

HR 1141. By Representatives Day of the 126th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and Purcell of the 122nd:
A RESOLUTION congratulating Atlanta Gas Light; and for other purposes.

HR 1142. By Representative Bannister of the 70th, Post 1:

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A RESOLUTION commending David Guy; and for other purposes.

HR 1143. By Representative Bannister of the 70th, Post 1: A RESOLUTION commending Blaine Foley; and for other purposes.

HR 1144. By Representatives Snow of the 1st and Coleman of the 118th:
A RESOLUTION commending the firefighters of Georgia and observing the 32nd annual Firefighters' Recognition Day; and for other purposes.

HR 1145. By Representative Bannister of the 70th, Post 1: A RESOLUTION commending Nathan Flieg; and for other purposes.

HR 1146. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd and Purcell of the 122nd:
A RESOLUTION commending Oglethorpe Charter School; and for other purposes.

HR 1147. By Representative Coleman of the 65th:
A RESOLUTION commending Durward Ross Cromer; and for other purposes.

HR 1148. By Representative Coleman of the 65th:
A RESOLUTION commending Patrick Thomas Brock; and for other purposes.

HR 1149. By Representative Drenner of the 57th:
A RESOLUTION honoring and remembering the life of Mr. Lafe Compton Chafin; and for other purposes.

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HR 1150. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Eric R. Winger; and for other purposes.

HR 1152. By Representatives Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A RESOLUTION honoring and remembering the life of Mrs. Carmelita P. Simmons; and for other purposes.

HR 1153. By Representatives Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A RESOLUTION commending Dr. Olivia Smith Swanson; and for other purposes.

HR 1154. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Eve Johnson, Oak Vista Elementary School's Teacher of the Year; and for other purposes.

HR 1155. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Jean Carlton, Martha Puckett Middle School Teacher of the Year; and for other purposes.

HR 1156. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Angela Brownlee, Wayne County High School's Teacher of the Year; and for other purposes.

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HR 1157. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Wallace Davenport, Jessup Elementary School's Teacher of the Year; and for other purposes.

HR 1158. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Christine Fineran, T. G. Ritch Pre-K Center Teacher of the Year; and for other purposes.

HR 1159. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Suzette Williamson, James E. Bacon Elementary School's Teacher of the Year; and for other purposes.

HR 1160. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Melanie C. Sapp, Odum Elementary School's Teacher of the Year; and for other purposes.

HR 1161. By Representatives Day of the 126th, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 123rd, Stephens of the 124th, Post 2 and others:
A RESOLUTION congratulating Oceanfront Cottage Rentals; and for other purposes.

HR 1162. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Jan Peel, Screven Elementary School's Teacher of the Year; and for other purposes.

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HR 1163. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Lisa Kicklighter, Arthur Williams Middle School's Teacher of the Year; and for other purposes.

HR 1164. By Representative Buckner of the 109th:
A RESOLUTION announcing the American Heart Association's "Go Red for Women Day"; and for other purposes.

HR 1165. By Representatives Teper of the 42nd, Post 1, Ashe of the 42nd, Post 2, Moraitakis of the 42nd, Post 4, Gardner of the 42nd, Post 3 and Coleman of the 118th:
A RESOLUTION honoring and remembering the life of Mr. Horace McKennie; and for other purposes.

HR 1166. By Representatives Bordeaux of the 125th, Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Day of the 126th and others:
A RESOLUTION commending the City of Savannah and the Siege of Savannah reenactment coordinators; and for other purposes.

HR 1167. By Representative Bannister of the 70th, Post 1: A RESOLUTION commending Bryan Parry; and for other purposes.

HR 1168. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Jordan of the 83rd and Hill of the 81st:
A RESOLUTION honoring Leo F. Mullin for his leadership and many outstanding accomplishments and congratulating him on his retirement; and for other purposes.

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Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1172 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1221 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 618 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 733 Do Pass HB 736 Do Pass, by Substitute HB 794 Do Pass, by Substitute

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

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 5, 2004.

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Representative Hall, Atlanta, Georgia Thursday, February 5, 2004

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

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

Amerson Ashe Bannister Barnard Beasley-Teague E Benfield Birdsong Black Borders Bridges Brock Brooks Brown Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler E Campbell Casas Chambers Channell Childers Coleman, B Crawford

Cummings Day Deloach Dodson Dollar Dooley Douglas Drenner Dukes Ehrhart Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Harper Harrell Heard, J Heard, K Heath

Hembree Hill, C Hill, C.A Hines Houston Howard Howell Hudson Jackson James Jamieson Jenkins, C.F Jones Jordan Keen Knox Lane Lewis Lord Mangham Manning Marin Maxwell McBee Millar Mills Moraitakis

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

Sholar Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas, A.M Thompson Walker, L Warren Watson White Wilkinson E Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Barnes of the 84th, Post 2; Boggs of the 145th; Broome of the 141st, Post 2; Bruce of the 45th; Coan of the 67th, Post 1; Cooper of the 30th; Dean of the 49th; Elrod of the 25th; Golick of the 34th, Post 3; Hanner of the 133rd; Harbin of the 80th; Heckstall of the 48th, Post 3; Hill of the 81st; Holmes of the 48th, Post 1; Jenkins of the 93rd; Lucas of the 105th; Maddox of the 59th, Post 2; Martin of the 37th; Massey of the 24th; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Powell of the 23rd; Ray of the 108th; Rice of the 64th; Rogers of the 15th; Sailor of the 61st, Post 1; Sims of the 130th; Smith

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of the 76th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephenson of the 60th, Post 1; Walker of the 71st, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Dr. Michael Guido, Guido Evangelistic Association, Metter, Georgia.

The members pledged allegiance to the flag.

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

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

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

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HB 1336. By Representatives Rogers of the 15th, White of the 3rd, Post 2, Rogers of the 20th, Burkhalter of the 36th, Brock of the 5th and others:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to require the presentation of secure and verifiable documents for purposes of providing governmental services and performing governmental functions in certain cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 1337. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Lunsford of the 85th, Post 2, Burmeister of the 96th, Rice of the 64th and others:
A BILL to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to opinions of experts, so as to provide for standards in admitting expert testimony in professional malpractice actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1338. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Burmeister of the 96th, Rice of the 64th, Smith of the 87th and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 1339. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Burmeister of the 96th, Rice of the 64th, Manning of the 32nd and others:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limited

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liability for certain health care providers for treatment of certain emergency conditions under certain circumstances; to change certain provisions relating to damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 1340. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Lunsford of the 85th, Post 2, Burmeister of the 96th, Rice of the 64th and others:
A BILL to amend Code Section 51-12-14 of the Official Code of Georgia Annotated, relating to the procedure for demanding unliquidated damages in tort actions and when interest may be recovered, so as to provide for the recovery of attorney's fees; and for other purposes.

Referred to the Committee on Judiciary.

HB 1341. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Lunsford of the 85th, Post 2, Burmeister of the 96th, Rice of the 64th and others:
A BILL to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of actions, so as to change certain provisions relating to a plaintiff's voluntary dismissal; and for other purposes.

Referred to the Committee on Judiciary.

HB 1342. By Representatives Westmoreland of the 86th, Dodson of the 84th, Post 1, Butler of the 88th, Post 1, Burmeister of the 96th, Rice of the 64th and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions relating to damages; to create provisions relating to collateral sources; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1343. By Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Burmeister of the 96th, Bannister of the 70th, Post 1, Rice of the 64th and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to provide for financial limitations with respect to certain damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 1344. By Representatives Smith of the 13th, Post 2, Stephens of the 123rd, Floyd of the 132nd, Skipper of the 116th, Jones of the 38th and others:
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 expand the availability of preferential assessment of bona fide conservation use property; to remove certain acreage restrictions on such availability; to expand the owners eligible for such preferential assessment; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1345. By Representatives Powell of the 23rd, Smith of the 13th, Post 2, Reece of the 11th, Childers of the 13th, Post 1, Cummings of the 19th and others:
A BILL to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide for protection of river basins; to define certain terms; to regulate interbasin transfers of water; to provide for an in-stream flow policy; to provide an exemption; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

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HB 1346. By Representatives Buckner of the 82nd, Childers of the 13th, Post 1, Stephens of the 123rd, Graves of the 106th, Henson of the 55th and others:
A BILL to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to require the Department of Community Health to submit an annual report to the General Assembly on all rebates received on pharmaceutical drugs purchased or ultimately paid for or reimbursed by the Department of Community Health; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes.

Referred to the Committee on Children & Youth.

HB 1348. 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 permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; and for other purposes.

Referred to the Committee on Insurance.

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HB 1349. By Representatives Manning of the 32nd, Reece of the 21st, Lunsford of the 85th, Post 2 and Rogers of the 15th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentences and punishment for criminal offenses, so as to provide for enhanced punishment of illegal aliens convicted of certain violent or sex related crimes; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general duties of law enforcement officers and agencies, so as to encourage state and local law enforcement officers and agencies to assist federal officers in the enforcement of immigration laws; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1350. By Representative James of the 114th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election of members of the board of education; and for other purposes.

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

HB 1351. By Representative James of the 114th:
A BILL to amend an Act creating a board of commissioners for Macon County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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

HB 1352. By Representatives Wix of the 33rd, Post 1, Rogers of the 20th and Lucas of the 105th:
A BILL to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise procedures for the protection of utility facilities from damage from excavating and blasting; to define and redefine terms; to change provisions

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relating to utility owners' and operators' responsibilities with respect to locating and marking of facilities; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1353. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to provide a new charter for the City of Omega; and for other purposes.

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

HB 1354. By Representatives Lucas of the 105th, Wix of the 33rd, Post 1, Rogers of the 20th and Skipper of the 116th:
A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define a certain term; to increase the amount of certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1355. By Representatives Lunsford of the 85th, Post 2, Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, McClinton of the 59th, Post 1, Watson of the 60th, Post 2 and others:
A BILL to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1356. By Representatives Lucas of the 105th, Wix of the 33rd, Post 1, Rogers of the 20th and Skipper of the 116th:
A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to provide for certain fees to be collected by the commission; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1357. By Representatives Noel of the 44th, Wilkinson of the 41st, Thompson of the 69th, Post 1, Skipper of the 116th, Day of the 126th and others:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that no state or local government agency or entity shall operate or make use of a telephone call center located outside the United States; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes.

2/3/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1358. This notice is made prior to or upon reading the Bill the first time.

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/s/ Representative Martin District 37

Referred to the Committee on Judiciary.

HB 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1360. By Representatives Boggs of the 145th, Bordeaux of the 125th, Westmoreland of the 86th, Jenkins of the 93rd, Smyre of the 111th and others:
A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, so as to provide for procedures for and limitations on the issuance and enforcement of subpoenas and warrants in certain computer related crimes; to provide for admissibility of evidence; to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide for procedures for and limitations on the issuance of search warrants to out-of-state businesses that provide electronic communication services or remote computing services; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1361. By Representative Childers of the 13th, Post 1:
A BILL to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health, so as to enact the "Georgia's Children's Vision Improvement and Learning Readiness Act of 2004"; and for other purposes.

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Referred to the Committee on Health & Human Services.

HB 1362. By Representatives Parrish of the 102nd, Hanner of the 133rd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others:
A BILL to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman's licenses, license card carrier requirements, and lifetime sportsman's licenses, so as to change certain provisions relating to lifetime sportsman's licenses; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1363. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1 and Greene of the 134th:
A BILL to create a board of elections and registration for Decatur County and provide for its powers and duties; and for other purposes.

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

HB 1364. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam 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 70 years of age or older; and for other purposes.

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

HB 1365. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the

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amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; and for other purposes.

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

HB 1366. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 70 years of age or older; and for other purposes.

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

HB 1367. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam 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 adjusted base year assessed value of such homestead; and for other purposes.

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

HB 1368. By Representatives Reece of the 11th, Manning of the 32nd, Snow of the 1st and Broome of the 141st, Post 2:
A BILL to amend Chapters 3 and 4 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education and vocational, technical, and adult education, respectively, so as to provide for a maximum sales price for any textbook sold to a student by a bookstore owned by, operated by, or affiliated with a unit of the university system or a branch of the Georgia Department of Technical and Adult Education; and for other purposes.

Referred to the Committee on Higher Education.

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HB 1369. By Representative Franklin of the 17th:
A BILL to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide for a review of the academic performance of a HOPE scholarship recipient at the conclusion of every 18 quarter hours or 12 semester hours for continuation of such scholarship; and for other purposes.

Referred to the Committee on Higher Education.

HB 1370. By Representative Parrish of the 102nd:
A BILL to create a board of elections and registration for Emanuel County and provide for its powers and duties; and for other purposes.

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

HR 1131. By Representatives Smith of the 13th, Post 2, Stephens of the 123rd, Floyd of the 132nd, Skipper of the 116th, Jones of the 38th and others:
A RESOLUTION proposing an amendment to the Constitution so as to encourage the creation, preservation, and conservation of open, undeveloped greenspace in Georgia, by eliminating the 2,000 acre limitation with respect to bona fide conservation use property and to authorize a phase in period for counties that experience a digest reduction a result thereof; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1151. By Representatives Drenner of the 57th, Orrock of the 51st, Moraitakis of the 42nd, Post 4, Gardner of the 42nd, Post 3, Dooley of the 33rd, Post 3 and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting the AIDS Survival Project; to provide for the donation of revenue derived from the sales of such license

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plates to such organization and for deposit other than into the general fund; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 1169. By Representatives Jackson of the 124th, Post 1, Randall of the 107th, Mitchell of the 61st, Post 3 and Henson of the 55th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for additional annual license fees for dentists and dental hygienists and to allocate the revenue from such additional fees to a Dental Trust Fund to be used exclusively by the Secretary of State and the Georgia Board of Dentistry for purposes of, and as directed by, the Georgia Board of Dentistry; and for other purposes.

Referred to the Committee on Appropriations.

HR 1170. By Representatives McBee of the 74th, Greene of the 134th, Purcell of the 122nd and Holmes of the 48th, Post 1:
A RESOLUTION proposing an amendment to the Constitution so as to remove capital outlay projects from inclusion in the educational purposes and programs for which lottery proceeds may be used; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 1311 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317 HB 1318

HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HR 1124

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HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325 HB 1326 HB 1327 HB 1328

JOURNAL OF THE HOUSE
HR 1125 SB 394 SB 405 SB 406 SB 407 SB 421 SB 426 SB 427 SB 430 SR 580

Pursuant to Rule 52, Representative Oliver of the 56th, Post 2 moved that the following Bill of the House be engrossed:

HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd and Williams of the 61st, Post 2:

A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes.

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

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

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

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

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

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

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

THURSDAY, FEBRUARY 5, 2004

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

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

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

On the motion the ayes were 92, nays 55. The motion prevailed.

459
Y Thompson Walker, L
N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Bordeaux of the 125th moved that the following Bill of the House be engrossed:

HB 1329. By Representatives Bordeaux of the 125th, Fleming of the 79th, Boggs of the 145th and Oliver of the 56th, Post 2:

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 provide for definitions; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; 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 N Barnes
Beasley-Teague E Benfield
Birdsong Y Black

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

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

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

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

460
Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks
Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

On the motion the ayes were 91, nays 63. The motion prevailed.

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

Representatives Roberts of the 135th and Smyre of the 111th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1234 Do Pass

THURSDAY, FEBRUARY 5, 2004

461

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1320 Do Pass

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Floyd of the 132nd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 157 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:

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JOURNAL OF THE HOUSE

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1228 Do Pass, by Substitute HB 1311 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 617 Do Pass HB 1141 Do Pass HB 1266 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Howard of the 98th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 935 Do Pass, by Substitute

THURSDAY, FEBRUARY 5, 2004

463

Respectfully submitted, /s/ Howard of the 98th
Chairman

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1278 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Chairman

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 547 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

464

JOURNAL OF THE HOUSE

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 208 Do Pass, by Substitute HB 210 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 300 Do Pass HB 480 Do Pass, by Substitute HB 498 Do Pass

HB 838 Do Pass, by Substitute HB 1034 Do Pass HB 1237 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HR 967 Do Pass HR 1033 Do Pass

HR 1039 Do Pass HR 1068 Do Pass

THURSDAY, FEBRUARY 5, 2004

465

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

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1229 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1291 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

466

JOURNAL OF THE HOUSE

Your Committee on Transportation 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 313 Do Pass HB 486 Do Pass HB 1022 Do Pass

HB 1138 Do Pass HB 1254 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 5, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

HB 229 HB 239 HB 1083 HB 1113 HB 1159

Guardian and ward; comprehensive rewrite of provisions County jail inmates; earned time allowances Solid waste management; permitting of facilities; certain prohibition Traffic control device preemption emitters; prohibition Motor vehicles; traffic offenses; conviction notification

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

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

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

THURSDAY, FEBRUARY 5, 2004

467

HB 1291. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Wix of the 33rd, Post 1, Wilkinson of the 41st, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges and associate judges of the state court; and for other purposes.

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

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

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

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

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin Y Massey Y Maxwell
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 N Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

468

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 142, nays 8. The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 389. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes.
SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd 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 change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 5, 2004

469

SB 429. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; 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 program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 666. By Senators Adelman of the 42nd, Henson of the 41st and Levetan of the 40th:
A RESOLUTION commending the Marist High School War Eagles football team; and for other purposes.

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

SB 389. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; to repeal conflicting laws; and for other purposes.

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

470

JOURNAL OF THE HOUSE

SB 428. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd 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 change penalties for failure to comply with compulsory attendance requirements; to amend Code Section 40-5-22, relating to persons not to be issued a drivers license, school attendance requirements, and driving training requirements, so as to eliminate permission of a students parent or guardian as exceptions to the school attendance requirements to obtain a drivers license; to provide for additional offenses to prohibit a suspended student from maintaining a drivers license; to provide conditions for reinstatement of drivers licenses and permits for suspended students; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 429. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Brush of the 24th:
A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the revision of certain provisions regarding education flexibility and accountability; 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 program weights; to change certain provisions regarding effectiveness assessment; to change certain provisions regarding organization of schools; to change certain provisions regarding legislative intent with respect to charter schools; to change certain provisions regarding petitions to establish charter schools; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

Representative Smith of the 87th arose to a point of personal privilege and addressed the House.

THURSDAY, FEBRUARY 5, 2004

471

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

Representative McBee of the 74th 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 Buckner of the 82nd arose to a point of personal privilege and addressed the House.

The following Resolution of the Senate was read and adopted:

SR 666. By Senators Adelman of the 42nd, Henson of the 41st and Levetan of the 40th:
A RESOLUTION commending the Marist High School War Eagles football team; and for other purposes.

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

HR 967. 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 golf team and inviting the team and the coach to appear before the House of Representatives; and for other purposes.

HR 1033. By Representatives Hugley of the 113th, Buck of the 112th, Smyre of the 111th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending the Youth Advisory Council of Columbus, Georgia; inviting the members of the Youth Advisory Council to appear

472

JOURNAL OF THE HOUSE

before the House of Representatives at a date and time to be designated by the Speaker of the House of Representatives; and for other purposes.

HR 1039. By Representatives Watson of the 60th, Post 2, Coleman of the 118th, Childers of the 13th, Post 1, Birdsong of the 104th, Smith of the 13th, Post 2 and others:
A RESOLUTION recognizing "Community Health Centers Day" and inviting designated representatives of the community health centers to appear before the House of Representatives; and for other purposes.

HR 1068. By Representatives Epps of the 90th, Brown of the 89th and Smith of the 110th:
A RESOLUTION commending the Dawson Street Christian Academy Varsity Football Team and inviting the team to appear before the House of Representatives; and for other purposes.

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

HR 1172. By Representatives Gardner of the 42nd, Post 3, Stanley-Turner of the 43rd, Post 2, McBee of the 74th and Ashe of the 42nd, Post 2:
A RESOLUTION commending Christina Dixon as the winner of the 2003 Georgia Occupational Award of Leadership and inviting her to appear before the House of Representatives; and for other purposes.

HR 1173. By Representative Brown of the 89th:
A RESOLUTION inviting the Troup County School System National Board Certified Teachers to appear before the House of Representatives; and for other purposes.

HR 1174. By Representative Floyd of the 132nd:

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473

A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Jimmy Black, Mr. Paul Mechler, and Mrs. Susan Leger and inviting the cooking team to appear before the House of Representatives; and for other purposes.

HR 1175. By Representative Floyd of the 132nd:
A RESOLUTION recognizing and commending Miss Fallon Beth Garrett, 2004 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.

HR 1176. By Representatives Hanner of the 133rd, Shaw of the 143rd, Buckner of the 109th and Purcell of the 122nd:
A RESOLUTION recognizing February 10, 2004, as "Forestry Day at the Capitol" and inviting Monte Simpson, Andy Stone, and Steve McWilliams of the Georgia Forestry Association to appear before the House of Representatives; and for other purposes.

HR 1177. By Representatives Bunn of the 63rd, Mangham of the 62nd, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and Greene-Johnson of the 60th, Post 3:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 1178. By Representatives Porter of the 119th, Coleman of the 118th, Smyre of the 111th, Buck of the 112th, Skipper of the 116th and others:
A RESOLUTION commending The Garden Club of Georgia, Inc., and its state-wide membership and inviting Jaydee Ager, president, to appear before the House of Representatives; and for other purposes.

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

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JOURNAL OF THE HOUSE

HB 1159. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL 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 and retention of license by the department, so as to change certain provisions relating to conviction notification requirements; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
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 and retention of license by the department, so as to change certain provisions relating to conviction notification requirements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to when courts are to send licenses and reports of convictions to the department and retention of license by the department, is amended by striking subsection (b) and inserting in its place the following:
"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten three days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically and 10 for each report transmitted otherwise; and notwithstanding any general or local law

THURSDAY, FEBRUARY 5, 2004

475

to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court."
SECTION 2. This Act shall become effective January 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y 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
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

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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton

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

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

476
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Millar Y Mills

Shaw Y Sheldon

Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Franklin of the 17th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 239. By Representatives Lunsford of the 85th, Post 2, Westmoreland of the 86th, Campbell of the 39th, Keen of the 146th and Maddox of the 59th, Post 2:
A BILL to amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, so as to change provisions relating to earned time allowances; to increase the maximum amount of earned time which may be awarded when an inmate does work on an authorized work detail; and for other purposes.

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

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

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

Y Day Y 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

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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen

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

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

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

THURSDAY, FEBRUARY 5, 2004

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 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
McBee Y McCall Y McClinton Y Millar Y Mills

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

477
Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

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

HB 1113. By Representatives Mitchell of the 61st, Post 3, Jenkins of the 93rd, Bordeaux of the 125th and Porter of the 119th:
A BILL to amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; and for other purposes.

The following Committee amendment was read and adopted:

The House Committee on Public Safety moves to amend HB 1113 by inserting ", possession with the ability to use, sale, and purchase" after the word "use" on line 2 on page 1 and inserting ", possess with the ability to use, sell, or purchase" after the word "use" on line 17 on page 1.

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

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

Y Day 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

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

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1083. By Representatives Ray of the 108th, James of the 114th and Jenkins of the 93rd:

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479

A BILL to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain disposal facilities and solid waste handling facilities; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit the permitting of certain new municipal solid waste disposal facilities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by inserting a new Code section to read as follows:
"12-8-25.5. No permit shall be issued for any new municipal solid waste disposal facility if any part of the premises proposed for permitting is within one mile of any private recreational camp operated primarily for use by persons under 18 years of age and which camp has been so operated at its location for 25 years or more."
SECTION 2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) This Act shall apply to any permit application pending on or after such effective date and to any permit application denied prior to such effective date which is the subject of an appeal or judicial review pending on such effective date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

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Representative Smith of the 76th moves to amend the Committee substitute to HB 1083 as follows:
Line 14 - add
"or within 1/2 mile of a river or creek."

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

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

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

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

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

N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow Y Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N 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 46, nays 119.

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481

The amendment was lost.

The Committee substitute was adopted.

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

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

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

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

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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
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 Morgan Y Thomas, A.M Y Thompson 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 171, nays 0.

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

HB 229. By Representatives Oliver of the 56th, Post 2, Willard of the 40th, Benfield of the 56th, Post 1, Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians; to amend Titles 15,16,24,30,31, and 53 of the Official Code of Georgia Annotated; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to rewrite said title; to provide for definitions; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to guardians of minors, temporary guardians, standby guardians, permanent guardians, substitute guardians, successor guardians, emergency guardians, and foreign guardians; to provide for the rights of minors and alleged incapacitated adults; to provide for the appointment, powers, duties, termination, resignation, removal, bond, annual returns and status reports, compensation, modification, and all matters relative to conservators of minors, conservators of adults, temporary conservators, substitute conservators, successor conservators, emergency conservators, and foreign conservators; to provide for transfer of guardianships and conservatorships to a foreign jurisdiction; to provide for appeals; to designate the probate court judge as custodian of certain funds; to provide for all matters relative to appointing guardians for persons who receive benefits from the United States Department of Veterans Affairs; to provide for all matters relative to appointing county guardians; to provide for guardians ad litem; to provide for forms of services of process and pleadings; to provide for issuance of citations and the content requirements; to provide for evaluation and legal fees; to provide for confidentiality of records; to provide for specific elements to be included in an evaluation of a proposed ward; to amend Titles 15, 16, 24, 30, 31, and 53 of the Official Code of Georgia Annotated, relating to courts, crimes and

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483

offenses, evidence, handicapped persons, health, and wills, respectively, so as to change cross-references; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, so as to provide that disclosure is not required for certain records maintained in the probate court; 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 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking said title and inserting in lieu thereof the following:
"TITLE 29 CHAPTER 1
29-1-1. Except as otherwise provided, as used in this title, the term:
(1) 'Adult' means an individual who is either 18 years of age or older or an emancipated minor. (2) 'Conservator' includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead, as defined in Article 2 of Chapter 9 of Title 53 or a foreign conservator as defined in Part 4 of Article 10 of Chapter 3 and Part 4 of Article 13 of Chapter 5 of this title. (3) 'County guardian' means an individual described in Chapter 8 of this title. (4) 'Court' means the probate court. (5) 'Emergency conservator' means an individual appointed pursuant to the provisions of Code Section 29-5-15. (6) 'Emergency guardian' means an individual appointed pursuant to the provisions of Code Section 29-4-14. (7) 'Guardian' means an individual appointed pursuant to the provisions of this title and includes a guardian of the person appointed prior to July 1, 2005, but shall not include a guardian ad litem. (8) 'Guardian ad litem' means an individual appointed pursuant to the provisions of Code Section 29-9-2. (9) 'Interested person' means any person who has an interest in the welfare of a minor, ward, or proposed ward, or in the management of that individuals assets and may include a governmental agency paying or planning to pay benefits to that individual. (10) 'Licensed clinical social worker' means a social worker who is licensed in accordance with the provisions of Chapter 10A of Title 43.

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(11) 'Minor' means an individual who is under 18 years of age and who is not emancipated. (12) 'Natural guardian' means an individual defined by the provisions of Code Section 29-2-3. (13) 'Parent' means a biological or adoptive father or mother whose parental rights have not been surrendered or terminated and, in the case of a child born out of wedlock, the individual or individuals who are entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25. (14) 'Permanent guardian' means an individual appointed as guardian of a minor pursuant to Part 5 of Article 1 of Chapter 2 of this title. (15) 'Personal representative' means an executor, administrator, successor, personal representative, or the duly qualified and acting personal representative of the estate of a decedent. (16) 'Proposed ward' means an adult for whom a petition for the appointment of a guardian or a conservator has been filed. (17) 'Standby guardian' means an individual appointed pursuant to Part 4 of Article 1 of Chapter 2 of this title. (18) 'Successor conservator' means an individual who has been appointed as conservator pursuant to Code Section 29-3-91 or 29-5-101. (19) 'Successor guardian' means an individual who has been appointed as guardian pursuant to Code Section 29-2-51 or 29-4-61. (20) 'Sui juris' means an adult who is not suffering from any legal disability. (21) 'Temporary guardian' means an individual who is appointed as a guardian for a minor in accordance with the provisions of Part 3 of Article 1 of Chapter 2 of this title. (22) 'Temporary substitute conservator' means an individual who has been appointed as conservator pursuant to Code Section 29-3-90 or 29-5-100. (23) 'Temporary substitute guardian' means an individual who has been appointed as guardian pursuant to Code Section 29-2-50 or 29-4-60. (24) 'Testamentary conservator' means a person who has been issued letters of guardianship pursuant to Code Section 29-3-5. (25) 'Testamentary guardian' means a person who has been issued letters of guardianship pursuant to Code Section 29-2-4. (26) 'VA Guardian' means a person appointed pursuant to the provisions of Chapter 7 of this title. (27) 'Ward' means an adult for whom a guardian or conservator has been appointed.
CHAPTER 2 ARTICLE 1
Part 1
29-2-1. Guardians of minors may be categorized as follows:

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(1) Natural guardians; (2) Testamentary guardians; (3) Temporary guardians; (4) Standby guardians; and (5) Permanent guardians.
29-2-2. (a) Only an individual may serve as guardian of a minor. (b) No individual may be appointed as guardian of a minor who:
(1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the minors best interest.
Part 2
29-2-3. (a) For purposes of this Code section, the terms 'joint legal custody' and 'sole custody' shall have the meanings as provided in Code Section 19-9-6. (b) Except as otherwise provided in this chapter, each parent shall be the natural guardian of any minor child of the parent, except that, if the parents are divorced and one parent has sole custody of the minor, that parent is the sole natural guardian of that minor. If the parents have joint legal custody, both parents are the natural guardians of that minor. (c) If one parent of a minor dies, the surviving parent is the sole natural guardian of the minor, even if the parents were divorced and the deceased parent had sole custody of the minor.
29-2-4. (a) Every parent, by will, may nominate a testamentary guardian for the parents minor child. (b) Unless the minor has another living parent, upon probate of the parents will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without notice or hearing provided that the individual is willing to serve. (c) A testamentary guardian shall not be required to give bond or security. In all other respects a testamentary guardian shall have the same rights, powers, and duties as a permanent guardian appointed by the court.
Part 3
29-2-5. (a) A petition to be appointed the temporary guardian of a minor may be filed by an

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individual who has physical custody of the minor. (b) The petition shall be filed in the probate court of the county of domicile of the petitioner. (c) A petition for the appointment of a temporary guardian shall include the following:
(1) The name, address, and date of birth of the minor; (2) The name and address of the petitioner and the petitioners relationship to the minor, if any; (3) A statement that the petitioner is domiciled in the county in which the petition is being filed and has physical custody of the minor; (4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minors natural guardian; (5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition; (6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and (7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.
29-2-6. (a) Except as otherwise provided in subsection (f) of this Code section, if the sole parent or both parents of the minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.
(b)(1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented. (2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. (3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both. (4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice. (c) Except as otherwise provided in subsection (f) of this Code section, if no parent who is entitled to notice under subsection (b) of this Code section files a timely objection to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner.

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(d) If a natural guardian of the minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition. If a natural guardian files a timely objection to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine who shall serve as temporary guardian. (e) If a parent who is not a natural guardian files a timely objection to the establishment of the temporary guardianship or to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine all matters at issue. (f) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interest of the minor. As to the selection of the temporary guardian, the preference of the minor may be heard. In all proceedings under this Code section, the court has the option to refer the petition to the juvenile court which shall, after notice and hearing, determine whether the temporary guardianship is in the best interest of the minor.
29-2-7. (a) Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8) of subsection (b) of Code Section 29-2-21. (b) If a temporary guardian, in writing, assumes the obligation to support the minor while the temporary guardianship is in effect, to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the minor the temporary guardianship shall be deemed to be a permanent guardianship.
29-2-8. (a) A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or testamentary guardian, or a court order terminating the temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court may order a hearing in an appropriate case. (b) Either natural guardian of the minor may at any time petition the court to terminate a temporary guardianship; provided, however, that notice of such petition shall be provided to the temporary guardian. If no objection to the termination is filed by the temporary guardian within ten days of the notice, the court shall order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten days of the notice, the court shall have the option to hear the objection or transfer the records relating to the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or termination of the temporary guardianship is in the best interest of the minor.

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Part 4
29-2-9. As used in this part, the term:
(1) 'Designating individual' means a parent or guardian who appoints a standby guardian. A designating individual may only be:
(A) A parent of a minor, provided that he or she has physical custody of the minor and his or her parental rights have not terminated; and provided, further, that the other parent of the minor is deceased, has had his or her parental rights terminated, cannot be found after a diligent search has been made, or has consented to the designation of and service by the standby guardian; or (B) A guardian of the minor who is duly appointed and serving pursuant to court order. (2) 'Health care professional' means a person licensed to practice medicine under Chapter 34 of Title 43 or a person licensed as a registered professional nurse under Chapter 26 of Title 43 and authorized by the Georgia Board of Nursing to practice as a nurse practitioner. (3) 'Health determination' means the dated, written determination by a health care professional that a designating individual is unable to care for a minor due to the designating individuals physical or mental condition or health including a condition created by medical treatment. (4) 'Standby guardian' means an adult who is named by a designating individual to serve as standby guardian of the minor.
29-2-10. (a) A designating individual may designate an individual to serve as standby guardian of a minor upon the health determination being made. (b) Upon the health determination being made and without the necessity of any judicial intervention, the standby guardian shall assume all the rights, duties, and responsibilities of guardianship of the person of the minor. Consistent with the designating individuals physical or mental condition or health, the designating individual may confer with the standby guardian in decision making concerning the care and welfare of the minor. (c) Upon the health determination being made, the standby guardian shall file with the probate court of the county of domicile of the minor a notice of the standby guardianship with a copy of the standby guardianship designation and the health determination attached thereto. (d) No bond shall be required of a standby guardian. (e) No proceedings under this part shall relieve any parent, custodial or noncustodial, of a duty to support the minor under the provisions of Chapter 6 of Title 19.
29-2-11. (a) A designation of a standby guardian shall be in writing and shall be signed by the

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designating individual or by some other individual in the designating individuals presence and at the designating individuals express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian. (b) A standby guardian designation shall set forth the name, address, and county of domicile of the designating individual and of the standby guardian; the name, address, county of domicile, and date of birth of the minor; and the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parents name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity. (c) A standby guardian designation shall be in substantially the following form and contain the following information:

DESIGNATION OF STANDBY GUARDIAN

(1)

IDENTIFICATION OF DESIGNATING INDIVIDUAL:

I,

______________________________ (insert name of person designating the standby

guardian), whose address is _____________ (insert address) and whose county and

state of domicile are __________________ (insert name of county and state), am:

(Check and complete the ones which apply)

(A) _____ The parent with physical custody of the minor child or children listed

below and my parental rights are not terminated; and the other parent, whose name

is ____________ (insert name of other parent) and whose address is

_______________ (insert address of other parent), of the minor child or children

listed below:

______ (A-1)Is deceased;

______ (A-2)Has his or her parental rights to the minor or minors terminated;

______ (A-3)Cannot be found after a diligent search has been made; or

______ (A-4)Has consented to the designation of and service by the standby

guardian as set forth below; or

(B) _____ The guardian of the minor child or children listed below, who is duly

appointed and serving pursuant to court order.

(2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am

designating a standby guardian are:

NAME

ADDRESS (include county of DATE OF BIRTH domicile)

___________________ ________________________ ___________________ ________________________

___________________ ___________________

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(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN: Pursuant to Part 4 of Article 1 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, I hereby designate ________________________ (insert name of standby guardian), whose address is _______________________ (insert address) and whose county and state of domicile are _______________________ (insert name of county and state), to serve as the standby guardian of the minor(s) whom I have identified above. (4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I have designated above shall have all the rights, duties, and responsibilities under Georgia law of a guardian of a minor who has been appointed by a court. (5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional determining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the minor(s). I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that if I wish to revoke the standby guardianship after the health determination has been made I must file a notice of the revocation of the standby guardianship with the probate court and mail a copy of the notice of revocation to the standby guardian. Finally, I understand that this standby guardianship will automatically end 120 days after the health care professional makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition for guardianship of the minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the individual whom I name as the standby guardian in this document. (6) SIGNATURE: I certify that the statements contained herein are true and correct, this _____ day of ______________, ____.

________________________________ (Designating individual signs here) (Print name of designating individual)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.

___________________________ (Signature of first witness)

____________________________ (Print first witness's address)

_________________________ (Signature of second witness)

____________________________ (Print second witness's address)

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(7) CONSENT OF PARENT (To be completed only if line A-4 in paragraph (1) above has been checked): I, ________________________ (insert name of parent other than the one designating the standby guardian), whose address is _____________________ (insert address), am the parent of the above named minor(s). I understand that by this form, an individual is being designated to serve as a standby guardian of my child (or children). I understand that this standby guardian will have all the rights, duties, and responsibilities under Georgia law of a guardian of the person of a minor who has been appointed by a court. I further understand that I may object to this designation. Knowing this, I consent to the designation of _________________________ (insert name of standby guardian). This _____ day of ______________, ____.

_________________________ (Other parent signs here) (Print name of other parent)

We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the above-named parent signed this consent in our presence.

___________________________ (Signature of first witness)

____________________________ (Print first witnesss address)

___________________________ (Signature of second witness)

____________________________ (Print second witnesss address)

(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN: I, _______________________ (insert name of designated standby guardian), am the individual designated as the standby guardian in this document. I hereby accept this designation with full knowledge that upon a health care professional making a written determination that the parent of the minor(s) is not able to care for the minor(s) due to his or her physical or mental health or condition, I automatically take on this guardianship. Further, I understand that I must file a notice of my becoming a standby guardian, a copy of this designation, and a copy of the health determination with the probate court as soon as the health determination has been made. I understand that within 120 days of the health determination being made I must petition the probate court to name me as guardian of the minor(s). This _____ day of ______________, ____.
_____________________________ (Standby guardian signs here)
(Print name of standby guardian)

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We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this document, and state that the standby guardian signed this document in our presence.

___________________________ (Signature of first witness)

____________________________ (Print first witnesss address)

___________________________ (Signature of second witness)

____________________________ (Print second witnesss address)

29-2-12. (a) At any time before the health determination is made, a standby guardianship may be revoked without notice to anyone by destruction or obliteration of the designation done by the designating individual with an intent to revoke or by a written revocation signed by the designating individual or by some other individual in the designating persons presence and at the designating individuals express direction and attested to and subscribed by two or more competent witnesses. (b) After the health determination has been made the standby guardianship may be revoked by the designating individual by filing a notice of such revocation with the court in which the standby guardianship was filed the notice as required by Code Section 29-2-10 and by mailing a copy of the notice of revocation by first-class mail to the standby guardian.

29-2-13. (a) Within 120 days of the health determination being made, the standby guardian shall file with the probate court in the county of domicile of the minor a petition seeking temporary guardianship of the minor. (b) Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the standby guardian has filed a petition for temporary guardianship of the minor, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon. (c) If the designating individual dies prior to the entering of an order on a petition for guardianship of the minor, as contemplated by subsection (a) of this Code section, the standby guardianship shall be terminated. If the designating individual dies subsequent to the entering of an order on such a petition, the guardianship created pursuant to that order shall terminate in favor of any testamentary designation of a guardian of the minor or, if there is no testamentary designation, to an order on a petition for guardianship brought thereafter and subject to Code Section 29-2-17.

Part 5

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29-2-14. The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a permanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the petition for appointment of a permanent guardian is filed may transfer the case to the probate court of any other county in this state if such transfer would serve the best interest of the minor.
29-2-15 (a) For purposes of this part, the term 'biological father' means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
(b)(1) Notice of a petition for appointment of a permanent guardian of a minor shall be given to the minors biological father, if any, in the following circumstances:
(A) If the identity of the biological father is known to the petitioner; (B) If the biological father is a registrant on the putative father registry who has acknowledged paternity of the minor in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9; (C) If the biological father is a registrant on the putative father registry who has indicated possible paternity of a child of the minors mother during a period beginning two years immediately prior to the minors date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9; or (D) If the biological father has lived with the minor; contributed to the minors support; made any attempt to legitimate the minor; or provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the minor. (2) The notice shall advise the biological father that he will lose all rights to object to the appointment of a permanent guardian for the minor if he does not file an objection with the court within 14 days of the notice and file a petition to legitimate the minor within 30 days of the hearing on his objection. The notice shall include the name of the individual who will be the minors permanent guardian if the petition is granted. (c) If the biological father files a timely objection to the petition, the court shall hear the objection and, if the biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor pursuant to Code Section 19-7-22. If the biological fathers petition for legitimation of the minor is granted, the petition for the appointment of a permanent guardian for the minor shall be dismissed. (d) If the biological father does not file a petition for legitimation within 30 days or files a petition that is subsequently dismissed for failure to prosecute or files a petition and the action is subsequently concluded without a court order declaring that he is the father of the minor, the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.

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29-2-16. (a) The court shall appoint as permanent guardian that individual who will serve the best interest of the minor, considering the following order of preferences:
(1) The adult who is the preference of the minor if the minor is 14 years of age or older; (2) The nearest adult relative of the minor determined according to Code Section 532-1 of the Revised Probate Code of 1998; (3) Other adult relatives of the minor; (4) Other adults who are related to the minor by marriage; (5) An adult who was designated in writing by either of the minors natural guardians in a notarized document or document witnessed by two or more persons; or (6) An adult who has provided care or support for the minor or with whom the minor has lived. (b) The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.
29-2-17. (a) Any interested person may file a petition for the appointment of a permanent guardian of a minor. (b) The petition for appointment of a permanent guardian shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and date of birth of the minor; (3) The name, address, and county of domicile of the petitioner and the petitioners relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individuals relationship to the minor, if any; (4) A statement that the minor has no natural guardian, testamentary guardian, or permanent guardian; (5) A statement of whether the child was born out of wedlock and, if so, the name and address of the biological father, if known; (6) Whether, to the petitioners knowledge, there exists any notarized or witnessed document made by a parent of the minor that deals with the guardianship of the minor and the name and address of any designee named in the document; (7) In addition to the petitioner and the nominated guardian, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) The adult siblings of the minor; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be listed;

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(C) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998; (8) Whether a temporary guardian has been appointed for the minor or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a permanent guardian for a minor in the event full particulars are lacking. (c) In addition to the notice required by Code Section 29-2-15, notice of the petition for appointment of a permanent guardian for a minor shall be given to any designee named in paragraph (6) of subsection (b) of this Code section and the individuals named in paragraph (7) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the petitioner as permanent guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice. (d) If the judge deems it necessary, a temporary guardian may be appointed under the same rules that apply to the appointment of a temporary administrator.
29-2-18. Upon the filing of a petition for the appointment of a permanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor.
29-2-19. An order granting permanent guardianship shall specify:
(1) The name of the permanent guardian and the basis for the selection of the guardian; (2) A specific listing of any of the additional powers which are granted to the permanent guardian as provided in subsection (b) of Code Section 29-2-22; (3) If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the minors support, care, education, health, and welfare are subject to modification by subsequent order of the court; and (4) Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the minor.

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ARTICLE 2
29-2-20. (a) In every guardianship, the minor has the right to:
(1) A qualified guardian who acts in the best interest of the minor; (2) A guardian who is reasonably accessible to the minor; (3) Have the his or her property utilized as necessary for his or her support, care, education, health, and welfare; and (4) Individually or through the minors representative or legal counsel, bring an action relating to the guardianship. (b) The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.
29-2-21. (a) The power of a guardian over the minor shall be the same as that of a parent over a child; the guardian standing in place of the parent. A guardian shall at all times act as a fiduciary in the minors best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall:
(1) Respect the rights and dignity of the minor; (2) Arrange for the support, care, education, health, and welfare of the minor considering the minors available resources; (3) Take reasonable care of the minors personal effects; (4) Expend money of the minor that has been received by the guardian for the minors current needs for support, care, education, health, and welfare; (5) Conserve for the minors future needs any excess money of the minor received by the guardian; provided, however, that if a conservator has been appointed for the minor, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the minors future needs; (6) If necessary, petition to have a conservator appointed; (7) Endeavor to cooperate with the conservator, if any; (8) Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the conservator, if any, a personal status report concerning the minor, which shall include:
(A) A description of the minors general condition, changes since the last report, and the minors needs; (B) All addresses of the minor during the reporting period and the living arrangements of the minor for all addresses; and (C) Recommendations for any alteration in the guardianship order; (9) Promptly notify the court of any conflict of interest between the minor and the guardian when the conflict arises or becomes known to the guardian and take such action as is required by Code Section 29-2-23; (10) Keep the court informed of the guardians current address; and

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(11) Act promptly to terminate the guardianship when the minor dies, reaches age 18, is adopted, or is emancipated. (c) A guardian, solely by reason of the guardian-minor relationship, is not personally liable for: (1) The minors expenses; (2) Contracts entered into in the guardians fiduciary capacity; (3) The acts or omissions of the minor; (4) Obligations arising from ownership or control of property of the minor; or (5) Other acts or omissions occurring in the course of the guardianship.
29-2-22. (a) The appointment of a guardian shall vest in the guardian the exclusive power, without court order, to:
(1) Take custody of the person of the minor and establish the minors place of dwelling within this state; (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consent or approval that may be necessary for medical or other professional care, counsel, treatment, or services for the minor; (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor; (4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Chapter 8 of Title 19 or the adoption laws of any other state; and (5) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the minor. (b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition of the minors property shall be made without the involvement of a conservator, if any: (1) To establish the minors place of dwelling outside this state; (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the minors place of dwelling, pursuant to Code Section 29-2-60; (3) To change the domicile of the minor to the minors or the guardians place of dwelling, in the determination of which the court shall consider the tax ramifications and the succession and inheritance rights of the minor and other parties; (4) To consent to the marriage of the minor; (5) To receive reasonable compensation from the estate of the minor for services rendered to the minor; and (6) If there is no conservator, to disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998.

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(c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the minor and shall give notice to any natural guardian of the minor. (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the minor and the views of the conservator, if available, or, if there is no conservator, of others who have custody of the minors property. (e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the minors property.
29-2-23. The guardian must disclose promptly any conflict of interest between the guardian and the minor when it arises or becomes known to the guardian and seek the courts determination as to whether the conflict is insubstantial or if it is in the best interest of the minor for the guardian to continue to serve.
29-2-24. Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
29-2-25. (a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time. (b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds. (c) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state the bond premium may be paid as part of the cost of administration.
ARTICLE 3
292-30. (a) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court in its discretion may order a hearing.

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(b) Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on or after the date the minor reaches 18 years of age. (c) The death of the minor automatically terminates the guardianship, except as otherwise provided in Code Section 29-2-31. (d) Upon termination of the guardianship, the guardian shall deliver any money or property to the former minor or, if a guardian or conservator has been appointed for the former minor, to that guardian or conservator or, if the minor is deceased, to the minors personal representative.
29-2-31. (a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of paragraph (8) of subsection (b) of Code Section 29-2-21. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. Such order shall not bar an action against the guardian.
ARTICLE 4
29-2-40. (a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:
(1) The guardian is unable to continue serve due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian; (3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardians care of the minor, which disagreement and conflict appear to be detrimental to the minor;

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(4) The resignation of the guardian will result in or permit substantial financial benefit to the minor; or (5) The resignation would not be disadvantageous to the minor. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship. (c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by firstclass mail to the parents of the minor in the event of the resignation of a temporary guardian, to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian: (1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (d) If after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.
29-2-41. (a) In the event of the death of a guardian, and upon the petition of an interested person or upon the courts own motion, the court shall appoint a successor guardian. The court shall notify the minor and any guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the conservator of the minor, if any, to the personal representative of the deceased guardian, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-

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2-51 requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the minor held by the guardian.
29-2-42. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the minor during the investigation. (b) Upon investigation the court may in its discretion:
(1) Revoke or suspend the letters of guardianship; (2) Require additional security; (3) Reduce or deny compensation to the guardian or impose such other sanction or sanctions as the court deems appropriate; and (4) Issue any other order as in the courts judgment is appropriate under the circumstances of the case. (c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian The successor guardian shall be made a party to the action in the manner provided in Code Section 9-11-25.
29-2-43. (a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance of the guardians duties; (3) To enjoin the commission of a breach of fiduciary duty; or (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the minors assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
29-2-44. All actions against a guardian, except on the guardians bond, shall be brought within six years of the termination of the guardianship of the minor, except as provided in Code Section 9-3-90.
ARTICLE 5

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29-2-50. (a) Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute guardian for a minor if it appears to the court that the best interest of the minor requires immediate action. (b) The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest of the minor. (d) Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian has authority to act on behalf of the minor. (e) Notice of the appointment of a temporary substitute guardian shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian to the court. Notice of the appointment shall be mailed by first-class mail to the minors conservator, if any. (f) The court may remove the temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute guardian.
29-2-51. (a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the minor. The court shall select the successor guardian in the manner provided in Code Section 29-2-15. (b) In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-240 and 29-2-41. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor guardian.

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29-2-52. Upon the appointment of a successor guardian the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the minor held by the guardian and shall submit a final status report covering the period since the guardians last status report.
ARTICLE 6 Part 1
292-60. (a) A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the minor resides. (b) Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor. (c) Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship. (d) Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed. (e) The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even when the guardianship has been removed to another county.
Part 2
29-2-65. (a) For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian. (b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the minor resides or may reside. (c) The petition shall include the following:
(1) An authenticated copy of the foreign guardianship order including: (A) All attachments describing the duties and powers of the guardian; and (B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;

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(2) The address of the foreign court which issued the guardianship order; (3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (4) The petitioners name, address, and county of domicile; (5) The name, age, and current address of the minor and the new or proposed address of the minor; (6) The names and current addresses of the adult siblings of the minor, if any; (7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other person currently serving as guardian; (8) The name and address of any person currently acting as legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (9) The name and address of the minors conservator, if any; and (10) The reason the transfer is in the minors best interest. (c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.
29-2-66. (a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition; (2) Inform the minor of the procedure to exercise the minors right to a hearing; and (3) State that the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the transfer of the guardianship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court: (1) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance, or nonfeasance during the guardians appointment; (B) Periodic status reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed under the guardianship have been performed; and (2) Forward copies of all documents filed with the foreign court relating to the guardianship including but not limited to: (A) The initial petition for guardianship and other filings relevant to the appointment of the guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship;

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(C) Reports of physical and mental health practitioners describing the condition of the minor; (D) Periodic status reports on the condition of the minor; and (E) The order to transfer the guardianship. (c) Notice and a copy of the petition for receipt and acceptance of the guardianship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance of the guardianship by this state. (d) The minor shall have 30 days from the date of service to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if it finds that: (1) The guardian has filed a petition in the foreign court for transfer and release of the guardianship to this state; (2) Notice was given to the minor and all interested persons in conjunction with the petition for transfer and release of the guardianship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proof that service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and (4) The minor is represented by legal counsel with respect to the petition in the foreign court.
29-2-67. (a) On the courts own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign guardian. (b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.
29-2-68. (a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor. (b) Subject to subsection (c) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.

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(c) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship. (d) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16.
Part 3
29-2-69. (a) A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction. (b) The minor may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The minor has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The guardian notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the minor in the foreign jurisdiction. (c) To facilitate the transfer the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.
29-2-70. The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court;

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(2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (3) The petitioners name, address, and county of domicile; (4) The name, age, and current address of the minor and the new or proposed address of the minor; (5) The names and current addresses of the adult siblings of the minor, if any; (6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other individual currently serving as guardian; (7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (8) The name and address of the minors conservator, if any; (9) The reason for moving the minor; and (10) The reason the transfer of the guardianship is in the minors best interest.
29-2-71. (a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and (2) That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the guardianship shall be provided to the foreign court to which the guardianship is to be transferred. (c) Notice and a copy of the petition shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.
29-2-72. On the courts own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship.
29-2-73. (a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that the:
(1) Guardian is presently in good standing with the court; and (2) Transfer of the guardianship to the foreign jurisdiction is in the best interest of the minor.

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(b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship the court is authorized to:
(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and (2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment of the guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship; (C) Reports of physical and mental health practitioners describing the condition of the minor; and (D) Periodic status reports on the condition of the minor. (c) As necessary to coordinate the transfer of the guardianship, the court is authorized to: (1) Delay the effective date of the transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction; (3). Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or (4) Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.
Part 4
29-2-74. (a) For purposes of this part, the term 'foreign guardian' means a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of a minor and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article. (b) Any foreign guardian of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment as guardian of a minor and must also file with the court or other proper authority bond with good and sufficient security in

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double the value of the property to be sold for the faithful execution of the guardianship as provided by law.
29-2-75. A foreign guardian may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign guardian as such.
29-2-76. Pending an action brought by a foreign guardian pursuant to Code Section 29-2-75, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
29-2-77. A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1) In this state receiving payment of money or taking delivery of personal property belonging to the minor; or (2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
CHAPTER 3 ARTICLE 1
29-3-1. (a) For purposes of this Code section, 'personal property' does not include the value of property that is held for the minors benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' (b) The natural guardian of a minor may not receive the personal property of the minor until the natural guardian becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $15,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property. (c) Upon receiving an affidavit:
(1) That the value of all the personal property of a minor will not exceed $15,000.00 in value; (2) That no conservator has been appointed for the minors estate; and (3) That the affiant is the natural guardian of the minor, any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In

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the same manner and upon like proof, any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition of the personal property. (d) This Code section shall not authorize a temporary, testamentary, or permanent guardian to receive personal property of the minor unless the guardian becomes the legally qualified conservator of the minor.
29-3-2. The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court if the amount of the debt is $15,000.00 or less.
29-3-3. (a) For purposes of this Code section, the term 'gross settlement' means the present value of all amounts paid or to be paid in settlement of the claim, including cash, medical expenses, expenses of litigation, attorneys fees, and any amounts paid to purchase an annuity or other similar financial arrangement. (b) If the minor has a conservator, the only person who can compromise a minors claim is the conservator. (c) Whether or not legal action has been initiated, if the proposed gross settlement of a minors claim is $15,000.00 or less, the natural guardian of the minor may compromise the claim without becoming the conservator of the minor and without court approval. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (d) If no legal action has been initiated and the proposed gross settlement of a minors claim is more than $15,000.00, the settlement must be submitted for approval to the court. (e) If legal action has been initiated and the proposed gross settlement of a minors claim is more than $15,000.00, the settlement must be submitted for approval to the court in which the action is pending. The natural guardian or conservator shall not be permitted to dismiss the action and present the settlement to the court for approval without the approval of the court in which the action is pending. (f) If the proposed gross settlement of a minors claim is more than $15,000.00, but the gross settlement reduced by:
(1) Attorneys fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age of majority

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is $15,000.00 or less, the natural guardian may seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. The natural guardian must qualify as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (g) If the proposed gross settlement of a minors claim is more than $15,000.00, but such gross settlement reduced by:
(1) Attorneys fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age of majority is more than $15,000.00, the natural guardian may not seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. (h) If an order of approval is obtained from the judge of the probate court based upon the best interest of the minor, the guardian is authorized to compromise any contested or doubtful claim in favor of the minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt of part or all of the consideration for the compromise until after the minor reaches the age of majority and may involve a structured settlement or creation of a trust on terms which the court approves. (i) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.
29-3-4. No person may be appointed or continue to serve as conservator of a minor who:
(1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the minors best interest.
29-3-5. (a) Every parent, by will, may nominate a testamentary conservator for the parents minor child for the property that passes to the minors under the parents will. (b) Upon probate of the will, letters of conservatorship shall be issued to the individual nominated in the parents will who shall serve as testamentary conservator without notice or hearing. (c) A testamentary conservator shall not be required to give bond and security on the property that passes to the minor under the parents will, except in the case of waste committed or apprehended, in which case the court may require a bond and security. If the testamentary conservator fails to give bond as required, the court may dismiss the conservator and appoint another conservator. If property accrues or has accrued to the minor from sources other than the parents will, the court may appoint a different conservator for such property or may appoint the testamentary conservator for such

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property and require the testamentary conservator to give bond for the property thus accruing. (d) In all other respects a testamentary conservator shall have the same rights, powers, and duties as other conservators appointed by the court.
29-3-6. (a) The judge of the court in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the minor. (b) If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.
29-3-7. (a) The court shall appoint as conservator that person who shall best serve the interest of the minor considering the following order of preferences:
(1) The individual who is the preference of a minor who is 14 years of age or older; (2) The nearest adult relative of the minor as set forth in Code Section 53-2-1 of the Revised Probate Code of 1998; (3) Other adult relatives of the minor; (4) Other adults who are related to the minor by marriage; (5) A person who was designated in writing by a minors natural guardian in a notarized document or document witnessed by two or more persons; (6) A person who has provided care or support for the minor or with whom the minor has lived; or (7) The county guardian. (b) The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.
29-3-8. (a) Any person may file a petition for the appointment of a conservator of a minor. (b) The petition for appointment of a conservator shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and date of birth of the minor; (3) The name, address, and county of domicile of the petitioner and the petitioners relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that persons relationship to the minor, if any; (4) Whether to the petitioners knowledge there exists any notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor and the name and address of any designee named in the document;

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(5) In addition to the petitioner and the nominated conservator, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be listed; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be listed; or (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998; (6) A description of all known assets, income, other sources of funds, liabilities, and expenses of the minor; (7) A disclosure of any financial interest that would cause the proposed conservator to have a conflict of interest with the minor; (8) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22, that are requested by the conservator and a statement of the circumstances that would justify the granting of such powers; and (9) The reason for any omission in the petition for appointment of conservator of a minor in the event full particulars are lacking. (c) Notice of the petition for appointment of a conservator for a minor shall be given to any designee named in paragraph (4) of subsection (b) of this Code section and the individuals named in paragraph (5) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known current address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a conservatorship or to the selection of the petitioner as conservator, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the date of the mailing of the notice, or within ten days of the date of the second publication of the notice. (d) If the judge deems it necessary, a temporary conservator may be appointed under the same rules that apply to the appointment of a temporary administrator as provided in Article 4 of Chapter 6 of Title 53.
29-3-9. Upon the filing of a petition for the appointment of a conservator of a minor and the giving of notice, the court may hold a hearing and the standard for determination for all matters at issue shall be the best interest of the minor.
29-3-10. (a) An order granting conservatorship shall specify:

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(1) The name of the conservator and the basis for the selection; (2) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22 that are granted to the conservator; (3) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be provided to the guardian to provide adequately for the minors support, care, education, health, and welfare, subject to modification by subsequent order of the court; (4) If the minor has an interest in real property, the name of the county in which the real property is located; and (5) Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the minor, stating the reasons therefor. (b) In any case involving the appointment of a conservator, if the minor has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the minor owns real property, which shall be recorded in the deed records of the county and indexed under the name of the minor in the grantor index. The certificate shall set forth the name of the minor, the expiration date of the conservatorship, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
ARTICLE 2
29-3-20. (a) In every conservatorship, the minor has the right to:
(1) A qualified conservator who acts in the best interest of the minor; (2) A conservator who is reasonably accessible to the minor; (3) Have the minors property utilized as necessary to provide adequately for the minors support, care, education, health, and welfare; and (4) Individually or through the minors representative or legal counsel, bring an action relating to the conservatorship. (b) The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary capacity.
29-3-21. (a) A conservator shall receive, collect, and make decisions regarding the minors property, except as otherwise provided by law or by the court. A conservator shall at all times act as a fiduciary in the minors best interest and exercise reasonable care, diligence, and prudence. (b) A conservator shall:
(1) Respect the rights and dignity of the minor;

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(2) Be reasonably accessible to the minor and maintain regular communication with the minor; (3) Petition to have a guardian appointed if necessary; (4) Endeavor to cooperate with the guardian, if any; (5) Provide for the support, care, education, health, and welfare of the minor, considering available resources; (6) Give such bond as required by Code Section 29-3-40; (7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the minors property and a plan for administering the property, pursuant to the provisions of Code Section 29-3-30; (8) Take into account any estate plan of the minor known to the conservator in the administration of the conservatorship; (9) Keep accurate records including adequate supporting data and file annual returns as required by Code Section 29-3-60; (10) Promptly notify the court of any conflict of interest between the minor and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-3-23; (11) Keep the court informed of the conservators current address; and (12) Act promptly to terminate the conservatorship when the minor reaches the age of majority. (c) A conservator, solely by reason of the conservator-minor relationship, is not personally liable for: (1) The minors expenses; (2) Contracts entered into in the conservators fiduciary capacity; (3) The acts or omissions of the minor; (4) Obligations arising from ownership or control of property of the minor; or (5) Other acts or omissions occurring in the course of the conservatorship.
29-3-22. (a) Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to:
(1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor; (2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30; (3) Borrow money for one year or less and bind the minor or the minors property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section

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29-3-30 and only if done for purposes of paying the minors debts, providing for the support, care, education, health, or welfare of the minor, or repairing the minors dwelling place; (4) Receive, collect, and hold the minors property, additions to the minors property, and all related records; (5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-31; (6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf of the minor; (7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor; (8) Examine the will and any other estate planning documents of the minor; (9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservators sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator; (10) Invest the minors property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33; (11) Sell the minors stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-3-35; (12) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $15,000.00 or less; and (13) Release the debtor and compromise all debts in the amount of $15,000.00 or less when the collection of the debt is doubtful. (b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:
(A) Invest the minors property in investments other than those authorized in Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34, without further court approval of any investment; (B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minors real or personal property without complying with the provisions of Code Section 29-335, other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35; or (C) Continue the operation of any farm or business in which the minor has an interest. (2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the

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conservators bond; and to the following relatives of the minor whose whereabouts are known:
(A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 of the Revised Probate Code of 1998. (c) After appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any of the following powers on a case-by-case basis: (1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare of the minor; (2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30; (3) To make specific investments of the minors property that do not comply with the provisions of Code Section 29-3-32, pursuant to the provisions of Code Section 29-334; (4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minors real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35; (5) Pursuant to the provisions of Code Section 29-3-3, to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is more than the amount of $15,000.00; (6) To release the debtor and compromise a debt which is in the amount of $15,000.00 or more when the collection of the debt is doubtful; (7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36, the trust shall terminate upon the minors death and any property remaining in the trust shall be paid to the minors estate; (8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998;

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(9) To engage in estate planning for the minor pursuant to the provisions of Code Section 29-3-36; and (10) To perform such other acts as may be in the best interest of the minor. (d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the minor. (e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the minor.
29-3-23. (a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. (b) The conservator must promptly disclose any conflict of interest between the conservator and the minor when it arises or becomes known to the conservator and seek the courts determination as to whether the conflict is insubstantial or whether it is in the best interest of the minor for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the minor, the conservator may either resign or forfeit the property interest that is the source of the conflict. (c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.
29-3-24. Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
ARTICLE 3
29-3-30. (a) Within two months of appointment, the conservator shall file with the court and provide to the minors guardian, if any, an inventory of the minors property and a plan for managing, expending, and distributing the property. (b) The inventory shall describe all the assets and liabilities of the minor and shall include a list of all the personal and real property owned by the minor and describe how

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the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the minor which are known to the conservator. (c) The plan for managing, expending, and distributing the minors property must be based on the actual needs of the minor and take into consideration the best interest of the minor. The conservator shall include in the plan projections for expenses and resources and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.
29-3-31. (a) A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except for gross neglect. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciarys own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciarys own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.

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29-3-32. A conservator is authorized to invest estate funds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect:
(1) Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36; (3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government; (5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance; (6) Bonds or other obligations issued by a housing authority pursuant to Article 1 of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, as authorized by Code Section 8-3-81; (7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-11; (8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article 11 of Chapter 2 of Title 20, as authorized by Code Section 20-2-570; (9) Bonds issued by the Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 of Title 31, as authorized by Code Section 31-7-27; (10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 3210-30, as authorized by Code Section 32-10-45; (11) Bonds or other obligations issued by a municipality or county pursuant to Chapter 61 of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal government in accordance with Code Section 36-61-13, as authorized by Code Section 36-61-13; (12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 of Title 42, as authorized by Code Section 42-3-21; (13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm

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credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and (15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.
29-3-33. (a) Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 29-3-32, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
29-3-34. (a) After receiving court approval as required in subsection (b) or (c) of Code Section 29-3-22, in making investments and in acquiring and retaining those investments and managing property of the minor, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic

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conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the minor. (b) Within the limitations of the standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind of property, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-l, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the minor as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the minors portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired without limitation as to time and without regard to its suitability for original purchase. (c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
29-3-35. (a) A conservator may sell perishable property of the minor, property of the minor that is liable to deteriorate from keeping, or property of the minor that is expensive to keep as early as practicable and in the manner as the court shall determine is in the best interest of the minor, after notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances. (b) A conservator may sell stocks or bonds of the minor that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members. (c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the minor, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction,

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the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the minor. (d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor. The petition and notice shall be served personally on the minor and the guardian ad litem. (e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order the sale summarily in the manner and under the terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the minor, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise. (f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale. (g) The recital in the conservators deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited. (h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale. (i) A temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.
29-3-36. (a) After notice to interested parties and other persons as the court may direct, and upon a showing that the minor shall probably remain in need of a conservator throughout the minors lifetime and that it is in the best interest of the minor, the court may order the conservator to apply such principal or income of the minor as is not required for the support, care, education, health, and welfare of the minor toward the establishment or continuation of an estate plan for the minor and make transfers of the minors personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the minors circumstances would make such transfers and there is no evidence that the minor, if not in need of a conservator, would not adopt such an estate plan. (b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the minor and shall consider:

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(1) The composition and value of the entire estate of the minor, other known sources of support available to the minor, and the income produced thereby; (2) The probable expenses for the support, care, education, health, or welfare of the minor for the remainder of the minors lifetime in the standard of living to which the minor has become accustomed; (3) The identity of the proposed transferees and, in particular, whether they are natural objects of the minors bounty by relationship or prior behavior of the minor; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; (5) Any previous history or predisposition toward making similar transfers by the minor.
ARTICLE 4
29-3-40. (a) A conservator appointed by the court shall give bond with good and sufficient security. (b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statement filed with the Comptroller of the Currency of the United States or the commissioner of banking and finance. (c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
29-3-41. (a) The bond of a conservator shall be:
(1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of the minor; (3) Conditioned upon the faithful discharge of the conservators duty, as is required by law; and (4) Attested by the judge or clerk of the court. (b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) The bond shall be in a value equal to double the estimated value of the minors estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be

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determined without regard to the value of any real property or improvements thereon but, upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate, including the value of the personal property into which the real property was converted. (d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciarys duty as such has been proved.
29-3-42. If the value of the minors bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.
29-3-43. (a) When it comes to the attention of the court, either by annual return or otherwise:
(1) That additional personal property has accrued to the minor by descent, gift, or otherwise or that for any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-3-40; or (2) That the bond or security is otherwise insufficient in the judgment of the court, the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservators bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82. (b) When it comes to the attention of the court that the surety on the conservators bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservators bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-3-82.
29-3-44. (a) A conservator who is required to give bond, and who has given as security on such bond one or more licensed commercial sureties, may pay any bond premium from the estate. (b) When the guardian is required to give bond pursuant to Code Section 29-2-25, the conservator shall pay any bond premium from the estate.
29-3-45. If the appointment of a conservator for any cause is declared void, the surety of that

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conservator shall nevertheless be responsible on the bond for any property received by the conservator.
29-3-46. The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservators representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that persons representative capacity.
29-3-47. (a) When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa. (b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.
29-3-48. In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.
29-3-49. (a) The surety on the bond of any conservator or, if the surety is dead, the suretys personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservators trust or to show the court its desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability. (b) Upon a petition by the surety or the suretys personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and requiring the conservator to give new and sufficient security or be removed as conservator. (c) If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator.

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(d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the minor if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up to the time of the settlement with the new conservator or the minor.
ARTICLE 5
29-3-50. (a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(1) Two and one-half percent commission on all sums of money received by the conservator on account of the estate, except on money loaned by and repaid to the conservator, and 2 1/2 percent commission on all sums paid out by the conservator; (2) An additional commission equal to one-half of 1 percent computed on the market value of the estate as of the last day of the reporting period. This commission shall be proportionately reduced for any reporting period of less than 12 months; (3) Ten percent commission on the amount of interest made if, during the course of the conservatorship, the conservator shall receive interest on money loaned by the conservator in that capacity and shall include the same on the return to the court so as to become chargeable with the interest as a part of the corpus of the estate; (4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the court, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and (5) In the discretion of the court, compensation for working land for the benefit of the minor, but not to exceed 10 percent of the annual income of the managed property. (b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator. (c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit of the estate or that persons representative, and commissions for paying out shall be paid to the conservator who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor

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conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each. (d) A conservator shall not be entitled to any commissions for any sums paid to any conservator of the estate as commissions or other compensation. (e) Conservators who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the record, relieve them from the forfeiture. (f) A conservator may renounce the right to all or any part of the compensation to which the conservator is entitled under this Code section.
29-3-51. Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservators commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.
29-3-52. (a) A conservator may petition the court for compensation that is greater than that allowed under Code Section 29-3-50. Service of notice of the petition for extra compensation shall be made to the minor and to a guardian ad litem appointed for the minor. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days. (b) After hearing any objection filed by or on behalf of the minor, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.
29-3-53. (a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the minor owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and are not related to the conservator and provided the

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contract is approved by the court of the county which has jurisdiction over the conservatorship. (b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 293-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by conservators of normal commissions and compensation for the usual services performed by conservators pursuant to law. (d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 29-3-52.
29-3-54. A temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to a temporary substitute conservator and such compensation shall be the only compensation or commission paid to the temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to a temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.
ARTICLE 6
29-3-60. (a) Each year, within 60 days of the anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures of the conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement of the assets and liabilities of the estate as of the anniversary date of qualification, an updated plan for managing, expending, and distributing the minors property, a note or memorandum of any other fact necessary to show the true condition of the estate, and a statement of the current amount of the bond. The conservator shall mail a copy of the return by first-class mail to the surety on the conservators bond and the minors guardian, if any. If the minor has no guardian or if the guardian and the conservator are the same person, the conservator shall mail a copy of the return by first-class mail to the minor. (b) Upon petition of the conservator or upon the courts own motion, the court may change the reporting period from the year immediately preceding the anniversary date

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of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date. (c) The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the courts own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the conservators return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of the minor or failed in any manner to comply with applicable law, the court shall hold a hearing or take such other action as the court deems appropriate. (d) The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return within the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A conservator who fails to file an annual return as required by law shall forfeit all commissions and other compensation for the year within which no return is filed unless otherwise ordered by the court. A willful and continued failure to file a return shall be good cause for removal.
29-3-61. (a) At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the minor upon the filing of the petition for interim settlement. (b) The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(1) The period which the report covers; (2) The name and address of the minor, the name and address of the minors guardian, if any, and the name of the surety on the conservators bond, with the amount of the bond; and (3) Such other facts as the court may require. (c) The court, upon the petition for an interim settlement of accounts being filed shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The minor and the guardian ad litem shall be served personally, and the minors guardian, if any, and the surety of the conservators bond shall be served by first-class mail.

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29-3-62. Any interested person may file an objection to the conservators interim settlement of accounts. Upon receipt of objections or on the courts own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.
29-3-63. If the court finds that the conservator is liable to the minor, the court shall enter a judgment against the conservator and any surety in the amount of such liability.
29-3-64. (a) The conservatorship of a minor shall terminate on the date upon which the minor reaches 18 years of age or, earlier, if the minor becomes emancipated. Proof of emancipation shall be filed with the court and where the court deems appropriate, the court may order a hearing on the issue of termination. (b) Within six months prior to the date the minor reaches 18 years of age, the conservator or any other interested person may file a petition for the appointment of a conservator for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on the date the minor reaches 18 years of age. (c) The death of the minor automatically terminates the conservatorship, but the conservator or the conservators personal representative must comply with the provisions in Code Section 29-3-70. (d) Upon termination of the conservatorship, the conservator shall deliver any money or property to the former minor or, if a conservator has been appointed for the former minor, to that conservator, or, if the minor is deceased, to the minors personal representative.
ARTICLE 7
29-3-70. (a) Upon the termination of the conservatorship or upon the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the last annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-3-60. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which date shall not be less then 30 days from the date of publication. The court shall examine any objections filed.

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(b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservators surety.
29-3-71. (a) A minor who has reached the age of majority, the personal representative of a deceased minor, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservators personal representative to appear and submit to a final settlement of the conservators accounts. Alternatively the court on its own motion may issue such an order. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail of the settlement proceeding. (b) A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the minor, the minors personal representative, or a successor conservator to appear and be present at a final settlement of the conservators accounts and discharge from liability in the manner provided for in subsection (a) of this Code section. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservators bond and to the minors guardian, if any. If the minor has not reached 18 years of age or if the conservator is the minors personal representative, the court shall appoint a guardian ad litem for the minor who shall be served personally. (c) Upon the return of a notice referred to in subsections (a) and (b) of this Code section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge. (d) The court shall order any property in the hands of the conservator to be delivered to the minor, the minors personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.
ARTICLE 8
29-3-80. (a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator acting on behalf of the conservator may resign upon petition to the court

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showing to the satisfaction of the court that: (1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator; (3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservators management of the minors property, which disagreement and conflict appear to be detrimental to the minor; (4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or (5) The resignation would not be disadvantageous to the minor.
(b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship. (c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by firstclass mail to the guardian of the minor, if any, the surety on the conservators bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to 53-2-1 of the Revised Probate Code of 1998. (d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-3-91 and shall accept the conservators resignation, subject to the resigning conservator turning over to the successor conservator all property held by the conservator.
29-3-81. (a) In the event of the death of a conservator and upon the petition of an interested person or upon the courts own motion, the court shall appoint a successor conservator. The court shall notify the minor and a guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class mail to the guardian of the minor, if any, the surety on the conservators bond, the personal representative of the deceased conservator, if any, and, in the following order of preference, and to the following relatives of the minor who are persons other than the proposed successor conservator:

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(1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-3-91 and require the personal representative of the deceased conservator to turn over to the successor conservator all property of the minor held by the conservator.
29-3-82. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and to administer the minors property during the investigation. (b) Upon investigation the court may in its discretion:
(1) Revoke or suspend the letters of conservatorship; (2) Require additional security; (3) Require the conservator to appear and submit to a settlement of accounts following the procedure as set forth in Code Section 29-3-71, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed; (4) Reduce or deny compensation to the conservator or impose such other sanction or sanctions as the court deems appropriate; and (5) Issue such other orders which the court deems appropriate under the circumstances of the case. (c) The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.
29-3-83. (a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance of the conservators duties; (3) To enjoin the commission of a breach of fiduciary duty; or

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(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the minors assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
29-3-84. All actions against a conservator, except on a conservators bond, shall be brought within six years of the termination of the conservatorship of the minor, except as provided in Code Section 9-3-90.
ARTICLE 9
29-3-90. (a) Upon its own motion or on the petition of any interested party, including the minor, the court may appoint a temporary substitute conservator for a minor if it appears to the court that the best interest of the minor requires immediate action. (b) The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the minor. (d) Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority. (e) Notice of the appointment of a temporary substitute conservator shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the minors guardian, if any. (f) The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.
29-3-91. (a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the minor. The court shall select the successor conservator in the manner provided in Code Section 29-3-7. (b) In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections

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29-3-80 and 29-3-81. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any, and to the following relatives of the minor, in the following order of preference, who are persons other than the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; or (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (c) After any hearing the court deems appropriate the court shall enter an order appointing the successor conservator and require that bond be posted in the amount set forth in Code Section 29-3-40.
29-3-92. Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the minor held by the conservator and shall submit a final return covering the period since the conservators last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the minors property up to the time of the receipt of all of the minors property by the successor conservator.
ARTICLE 10 Part 1
29-3-100. (a) A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the minor resides. (b) Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor. (c) Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship.

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(d) Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed. (e) The sureties on the conservators first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator. (f) The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.
Part 2
29-3-105. (a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator. (b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or may reside. (c) The petition shall include the following:
(1) An authenticated copy of the foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator; and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2) The address of the foreign court which issued the conservatorship order; (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (4) The petitioners name, address, and county of domicile; (5) The name, age, and current address of the minor; (6) The names and current addresses of the adult siblings of the minor, if any; (7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving; (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (9) The name and address of the minors guardian, if any; (10) The name and address of the surety on the conservators bond; (11) The reason the transfer is in the minors best interest; and

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(12) To the extent known to the petitioner, a statement of the location and estimated value of the minors property and the source and amount of any anticipated income or receipts. (d) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.
29-3-106. (a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition; (2) Inform the minor of the procedure to exercise the minors right to a hearing; and (3) State that the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the transfer of the conservatorship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court: (1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservators appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed under the conservatorship have been performed; (2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to: (A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the conservatorship; (C) Reports of physical and mental health practitioners describing the condition of the minor; (D) Periodic status reports on the condition of the minor and the minors assets; and (E) The order to transfer the conservatorship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance of the conservatorship by this state. (d) The minor shall have 30 days from the date of service of the petition for receipt and acceptance of the foreign conservator to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the mailing of the notice to request a hearing on the petition.

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(e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state; (2) Notice was given to the minor and all interested persons in conjunction with the petition for transfer and release of the conservatorship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and (4) The minor is represented by legal counsel with respect to the petition in the foreign court.
29-3-107. (a) Upon the courts own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign conservator. (b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay this proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.
29-3-108. (a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(1) The conservator is presently in good standing with the foreign court; and (2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the minor. (b) The court may require the conservator to file an inventory of the minors property at the time of the transfer from the foreign jurisdiction. (c) Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship. (d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to: (1) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to

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terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship. (e) The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-3-8.
Part 3
29-3-110. (a) A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction. (b) The minor may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The minor has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The conservator notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the minor in the foreign jurisdiction. (c) To facilitate the transfer of conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.
29-3-111. The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court; (2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (3) The petitioners name, address, and county of domicile; (4) The name, age, and current address of the minor and the new or proposed address of the minor; (5) The names and current addresses of the adult siblings of the minor, if any;

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(6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other conservator currently serving; (7) The name and address of the minors guardian, if any; (8) The name and address of the surety on the conservators bond; (9) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (10) The reason for moving the minor; and (11) The reason the transfer of the conservatorship is in the minors best interest.
29-3-112. (a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and (2) That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred. (c) Notice and a copy of the petition to transfer the conservatorship shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.
29-3-113. Upon the courts own motion or upon timely motion by the minor or by any interested person the court shall hold a hearing to consider the petition to transfer the conservatorship.
29-3-114. (a) The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1) The conservator is presently in good standing with the court; and (2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the minor. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to: (1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed;

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(2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship; (C) Reports of physical or mental health practitioners describing the condition of the minor; and (D) Periodic status reports on the condition of the minor and the minors assets; and (3) Require the conservator to file an inventory of the minors property at the time of the transfer to the foreign jurisdiction. (c) As necessary to coordinate the transfer of the conservatorship the court is authorized to: (1) Delay the effective date of the transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or (4) Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.
Part 4
29-3-115. (a) For purposes of this part, a 'foreign conservator' is a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of a minor and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article. (b) Any foreign conservator of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship, as provided by law.
29-3-116. A foreign conservator may institute an action in any court in this state to enforce any

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right or to recover any property belonging to the minor or accruing to the foreign conservator in his or her capacity as conservator.
29-3-117. Pending an action brought by a foreign conservator pursuant to Code Section 29-3-116, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
29-3-118. A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the minor; or (2) Doing any act as a conservator in this state that would have given this state jurisdiction over the conservator as an individual.
29-3-119. Any resident of this state who is interested as a creditor, heir, or will beneficiary of a minor whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect his or her interest according to equity and good conscience before selling the minors assets or removing the minors assets beyond the limits of this state.
29-3-120. (a) A person who is indebted to or has possession of tangible or intangible property of a minor may pay the debt or deliver the property to a foreign conservator of the minor. Payment of the debt or delivery of the property may be made upon proof that the foreign conservator has been appointed and is entitled to the debt payment or to receive delivery of the property. (b) Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge of proceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.
CHAPTER 4 ARTICLE 1
29-4-1. (a) The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.

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(b) No guardian, other than a guardian ad litem, shall be appointed for an adult except pursuant to the procedures of this chapter. (c) No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult. (d) No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)(1) No adult shall be presumed to be in need of a guardian unless adjudicated to be in need of a guardian pursuant to this chapter. (2) An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37-1-1; (B) Code Sections 37-3-1 through 37-3-6; (C) Articles 2 through 6 of Chapter 3 of Title 37; (D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8; (E) Articles 2 through 5 of Chapter 4 of Title 37; (F) Code Section 37-5-3; (G) Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and (H) Articles 2 through 6 of Chapter 7 of Title 37. (f) All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adults actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.
29-4-2. (a) Only an individual may serve as guardian of an adult. (b) No individual may be appointed as guardian of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adults best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.
29-4-3. (a) The court shall appoint as guardian that individual who will best serve the interest of the adult, considering the order of preferences set forth in this Code section. The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference; provided, however, that the court may

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disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown. (b) Individuals who are eligible have preference in the following order:
(1) The individual last nominated by the adult in accordance with the provisions of subsection (c) of this Code section; (2) The spouse of the adult or an individual nominated by the adults spouse in accordance with the provisions of subsection (d) of this Code section; (3) An adult child of the adult or an individual nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; (4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section; (5) A guardian appointed during the minority of the adult; (6) A guardian previously appointed in Georgia or another state; (7) A friend, relative, or any other individual; and (8) The county guardian or the director of the department of family and children services of the county of domicile of the adult or of the county in which the adult is found; provided, however, that the director of the county department of family and children services may delegate the guardianship duties to responsible employees of the department. (c) At any time prior to the appointment of a guardian, an adult may nominate in writing an individual to serve as that adults guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5. (d) At any time prior to the appointment of a guardian, a spouse, adult child, or parent of an adult may nominate in writing an individual to serve as that adults guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20 of the Revised Probate Code of 1998. (e) A writing nominating the guardian of an adult: (1) Must contain an express nomination of the individual who shall serve as guardian and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individuals presence; and (2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.
ARTICLE 2
29-4-10. (a) Any interested person or persons, including the proposed ward, may file a petition

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for the appointment of a guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any guardianship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a guardian. (b) The petition for appointment of a guardian shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner or petitioners and the petitioners relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as guardian and that persons relationship to the proposed ward, if any; (4) A statement of the reasons the guardianship is sought, including the facts which support the claim of the need for a guardian; (5) Any foreseeable limitations on the guardianship; (6) Whether, to the petitioners knowledge, there exists any living will, durable power of attorney for health care, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument; (7) The names and addresses of the following whose whereabouts are known:
(A) The spouse of the proposed ward; and (B) All children of the proposed ward; or (C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the proposed ward; (ii) Parents and siblings of the proposed ward; and (iii) Friends of the proposed ward; (8) If known, the name and address of any individual nominated to serve as guardian by the proposed ward, as described in paragraph (1) of subsection (b) of Code Section 29-4-3; (9) If known, the name and address of any individual nominated to serve as guardian by the proposed wards spouse, adult child, or parent, as described in paragraph (2), (3), or (4) of subsection (b) of Code Section 29-4-3; (10) Whether any nominated guardian has consented or will consent to serve as guardian; (11) If known, whether any nominated guardian is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the proposed ward is receiving care, and, if so, whether the nominated guardian is related to the proposed ward by blood, marriage, or adoption; (12) Whether an emergency guardian has been appointed for the proposed ward or a petition for the appointment of an emergency guardian has been filed or is being filed;

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(13) If known, a disclosure of any ownership or other financial interest that would cause any nominated guardian to have a conflict of interest with the proposed ward; (14) A specific listing of any of the additional powers, as described in subsection (b) of Code Section 29-4-23, that are requested by the guardian and a statement of the circumstances that would justify the granting of additional powers; (15) Whether a guardian or conservator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state; (16) That to petitioners knowledge, there has been no petition for guardianship denied or dismissed within two years by any court of this state or, if so, that there has been a significant change in the condition or circumstances of the individual, as shown by the accompanying affidavits or evaluation; and (17) The reason for any omission in the petition for appointment of a guardian in the event full particulars are lacking. (c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker who is authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed wards health or safety. (3) In addition to stating the facts that support the claim of the need for a guardian, the affidavit shall state the foreseeable duration of the guardianship and may set forth the affiants opinion as to any other limitations on the guardianship.
29-4-11. (a) Upon the filing of a petition for guardianship of an proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of a guardian:
(1) The court shall immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:

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(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have a guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if a guardian is appointed, the proposed ward may lose important rights to control the management of the proposed wards person; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (d) of this Code section; and (D) Inform the proposed ward of the proposed wards right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel in that time frame; (2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) of this Code section; (3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-410; and (4) On the motion of any interested person or on the courts own motion, the court shall determine whether to appoint a guardian ad litem. (d)(1) If the petition is not dismissed under subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-4-10. (2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed wards legal counsel shall have the right to be present but shall not participate in the evaluation. (3) The evaluation shall be conducted with as little interference with the proposed wards activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court,

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however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible; (B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward; (C) A review of the records for the proposed ward including, but not limited to, medical records, medication charts, and other available records; (D) An assessment of cultural factors and language barriers that may impact the proposed wards abilities and living environment; and (E) All other factors the evaluator determines to be appropriate to the evaluation. (4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed wards legal counsel and, if any, the guardian ad litem. (5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall: (A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation; (B) List all persons and other sources of information consulted in evaluating the proposed ward; (C) Describe the proposed wards mental and physical state and condition, including all observed facts considered by the physician or psychologist or licensed clinical social worker; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration. (6) The proposed wards legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.
29-4-12. (a) After the filing of the evaluation report the court shall review the pleadings and the evaluation report.

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(b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1, the court shall dismiss the petition. (c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a guardian, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed wards legal counsel, and the proposed wards guardian ad litem, if any; the petitioner or the petitioners legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10. The date of the hearing shall not be less than ten days after the notice is mailed.
(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request of the proposed ward or the proposed wards legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the courts action. The proposed ward or the proposed wards legal counsel may waive the appearance of the proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a soundrecording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-4-13. (3) The court shall apply the rules of evidence applicable in civil cases. (4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. (5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section 29-4-23. (6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward. (7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the

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judges successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.
29-4-13. (a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify:
(1) The name of the guardian and the basis for the selection; (2) Any powers retained by the ward pursuant to Code Section 29-4-21; (3) The limitations on the guardianship; (4) A specific listing of any of the additional powers, as described in subsection (b) of Code Section 29-4-23, that are granted to the guardian; (5) If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the wards support, care, education, health, and welfare, subject to modification by subsequent order of the court; (6) The type and frequency of any physical, mental, and social evaluations of the wards condition which the court may require to supplement the reports submitted pursuant to paragraph (9) of subsection (a) of Code Section 29-4-22; and (7) Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the ward, stating the reasons therefor. (b) Service of the courts order shall be made by first-class mail upon the ward, the wards legal counsel, the guardian ad litem, if any, the guardian, the petitioner, and other persons designated for service of the petition for guardianship. (c) After service of an order granting guardianship, the wards legal counsel shall make reasonable efforts to explain to the ward the order and the wards rights under the order.
29-4-14. (a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency guardian. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found. (b) The petition for appointment of an emergency guardian shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioners relationship to the proposed ward; (4) A statement of the reasons the emergency guardianship is sought, including the facts that support the need for a guardian and the facts that establish an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed;

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(5) The reasons why compliance with the procedures of Code Sections 29-4-10 through 29-4-13 is not appropriate in the circumstances; (6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and (7) The reason for any omission in the petition for appointment of emergency guardian in the event full particulars are lacking. (c) The petition shall state whether a petition for the appointment of a guardian or conservator has been filed or is being filed in conjunction with the petition for the appointment of an emergency guardian. (d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed wards health or safety and that there is an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed. (3) In addition to stating the facts that support the claim of the need for an emergency guardianship, the affidavit shall state the foreseeable duration of the emergency guardianship and may set forth the affiants opinion as to any other limitations on the emergency guardianship.
29-4-15. (a) Upon the filing of a petition for an emergency guardianship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency guardian within the meaning of paragraph (4) of subsection (b) of Code Section 29-4-14. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or

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conservatorship, if any such petition has been filed, and shall inform counsel of the appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be furnished to the court and made available to the parties within this time frame, which evaluation and report shall be governed by the provisions of subsection (c) of Code Section 29-4-6; (4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency guardian is appointed, the proposed ward may lose important rights to control the management of the proposed wards person; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency guardianship; and (5) Appoint an emergency guardian to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker. Appointment of an emergency guardian under this paragraph is not a final determination of the proposed wards need for a nonemergency guardian. Any emergency guardian appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward.
29-4-16. (a) The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to determine whether there is clear and convincing evidence of the

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need for an emergency guardianship in light of the evidence taken at the hearing. In addition to the evidence at the hearing the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency guardianship is necessary, the court shall order the emergency guardianship; provided, however, that:
(1) Any emergency guardian shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; (2) The court may order the emergency guardian to make any report the court requires; and (3) The emergency guardianship shall terminate on the earliest of:
(A) The courts removal of the emergency guardian, with or without cause; (B) The effective date of the appointment of a guardian; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian; (D) The date specified for the termination in the order appointing the emergency guardian; or (E) Sixty days from the date of appointment of the emergency guardian.
ARTICLE 3
29-4-20. (a) In every guardianship, the ward has the right to:
(1) A qualified guardian who acts in the best interest of the ward; (2) A guardian who is reasonably accessible to the ward; (3) Have the wards property utilized to provide adequately for the wards support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction; (5) Individually, or through the wards representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 of this title and including the right to bring an action to modify or terminate the guardianship pursuant to the provisions of Code Sections 29-4-41 and 29-4-42; (6) The least restrictive form of guardianship assistance, taking into consideration the wards functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time. (b) The appointment of a guardian is not a determination regarding the right of the ward to vote.

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(c) The appointment of a guardian is not a determination that the ward lacks testamentary capacity.
29-4-21. (a) Unless the courts order specifies that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to:
(1) Contract marriage; (2) Make, modify, or terminate other contracts; (3) Consent to medical treatment; (4) Establish a residence or dwelling place; (5) Change domicile; (6) Revoke a revocable trust established by the ward; and (7) Bring or defend any action at law or equity, except an action relating to the guardianship. (b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care.
29-4-22. (a) Except as otherwise provided by law or by the court, a guardian shall make decisions regarding the wards support, care, education, health, and welfare. A guardian shall, to the extent feasible, encourage the ward to participate in decisions, act on the wards own behalf, and develop or regain the capacity to manage the wards personal affairs. To the extent known, a guardian, in making decisions, shall consider the expressed desires and personal values of the ward. A guardian shall at all times act as a fiduciary in the wards best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall:
(1) Respect the rights and dignity of the ward; (2) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the wards capacities, limitations, needs, opportunities, and physical and mental health; (3) If necessary, petition to have a conservator appointed; (4) Endeavor to cooperate with the conservator, if any; (5) Take reasonable care of the wards personal effects; (6) Arrange for the support, care, education, health, and welfare of the ward, considering the wards needs and available resources; (7) Expend money of the ward that has been received by the guardian for the wards current needs for support, care, education, health, and welfare; (8) Conserve for the wards future needs any excess money of the ward received by the guardian; provided, however, that if a conservator has been appointed for the

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ward, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the wards future needs; (9) Within 60 days after appointment and within 60 days after each anniversary date of appointment, file with the court and provide to the ward and to the conservator, if any, a personal status report concerning the ward, which shall include:
(A) A description of the wards general condition, changes since the last report, and needs; (B) All addresses of the ward during the reporting period and the living arrangements of the ward for all addresses; (C) A description of the amount and expenditure of any funds that were received by the guardian pursuant to paragraph (7) of this subsection; and (D) Recommendations for any alteration in the guardianship order; (10) Promptly notify the court of any change in the wards condition that in the opinion of the guardian might require modification or termination of the guardianship; (11) Promptly notify the court of any conflict of interest between the ward and the guardian when the conflict arises or becomes known to the guardian and take any action as is required by Code Section 29-4-24; and (12) Keep the court informed of the guardians current address. (c) A guardian, solely by reason of the guardian-ward relationship, is not personally liable for: (1) The wards expenses or the expenses of those persons who are entitled to be supported by the ward; (2) Contracts entered into in the guardians fiduciary capacity; (3) The acts or omissions of the ward; (4) Obligations arising from ownership or control of property of the ward; or (5) Other acts or omissions occurring in the course of the guardianship.
29-4-23. (a) Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may:
(1) Take custody of the person of the ward and establish the wards place of dwelling within this state; (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that may be necessary for medical or other professional care, counsel, treatment, or service for the ward; (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward; and (4) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare of the ward. (b) At the time of the appointment of the guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such

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notice, if any, as the court shall determine, provided that no disposition of the wards property shall be made without the involvement of a conservator, if any:
(1) To establish the wards place of dwelling outside this state; (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the wards place of dwelling, pursuant to Code Section 29-4-80; (3) To change the domicile of the ward to the wards or the guardians place of dwelling, in the determination of which the court shall consider the tax ramifications and succession and inheritance rights of the ward and other parties; (4) To bring an action for the divorce of the ward based on any of the grounds listed in Code Section 19-5-3, except on the ground that the marriage is irretrievably broken; (5) To consent to the adoption of the ward; (6) To receive reasonable compensation from the estate of the ward for services rendered to the ward; and (7) If there is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998. (c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward. (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the ward and the views of the conservator, if any, or, if there is no conservator, of others who have custody of the wards property. (e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody of the wards property.
29-4-24. The guardian must promptly disclose any conflict of interest between the guardian and the ward when it arises or becomes known to the guardian and seek the courts determination as to whether the conflict is insubstantial or if it is in the best interest of the ward for the guardian to continue to serve.
29-4-25. Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

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ARTICLE 4
29-4-30. (a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time. (b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds. (c) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state the bond premium may be paid as part of the cost of administration.
ARTICLE 5
29-4-40. (a) Upon the petition of any interested person, including the ward, or upon the courts own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the wards legal counsel, if any, and the wards conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.
29-4-41. (a) Upon the petition of any interested person, including the ward, or upon the courts own motion, the court may modify the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-14 and 29-4-15, or the powers of the ward, as defined in Code Section 29-4-13, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the wards legal counsel, and the wards conservator, if any. In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice

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medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate. (c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the guardianship upon a showing that the modification is in the wards best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification. (d) In any proceeding under this Code section that would expand or increase the powers of the guardian or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the wards best interest. In any proceeding under this Code section that would restrict the powers of the guardian or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the wards best interest. (e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.
29-4-42. (a) Upon the petition of any interested person, including the ward, or upon the courts own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the wards legal counsel, if any, and the wards conservator, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem. (b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is

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not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate. (c) In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship. (d) No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances of the ward. (e) The death of the ward automatically terminates the guardianship, except as otherwise provided in Code Section 29-4-43. (f) Upon termination of the guardianship, the guardian shall deliver any money or property to the ward or, if a conservator has been appointed for the ward, to that conservator or, if the ward is deceased, to the wards personal representative.
29-4-43. (a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.
ARTICLE 6
29-4-50. (a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction of the court that:
(1) The guardian is unable to continue serving due to age, illness, infirmity, or other good cause;

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(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian; (3) Disagreement exists between the ward and the guardian or between the guardian and the conservator in respect of the guardians care of the ward, which disagreement and conflict appear to be detrimental to the ward; (4) The resignation of the guardian will result in or permit substantial financial benefit to the ward; or (5) The resignation would not be disadvantageous to the ward. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship. (c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the wards legal counsel. Service shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than resigning guardian or the proposed successor guardian: (1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward. (d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-4-61 and accepting the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.
29-4-51. (a) In the event of the death of a guardian, and upon the petition of an interested person or on the courts own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the wards legal counsel. Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward.

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(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 294-61, requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the ward held by the guardian.
29-4-52. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of a guardian or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the ward during the investigation. (b) Upon investigation, the court may, in the courts discretion:
(1) Revoke or suspend the guardians letters; (2) Require additional security; (3) Reduce or deny compensation to the guardian or impose any other sanction or sanctions as the court deems appropriate; and (4) Issue any other order as in the courts judgment is appropriate under the circumstances of the case. (c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian The successor guardian shall be made a party to the action against the guardian in the manner provided in Code Section 9-11-25.
29-4-53. (a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to:
(1) Recover damages; (2) Compel performance of the guardians duties; (3) Enjoin the commission of a breach of fiduciary duty; or (4) Compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the wards assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
29-4-54. All actions against a guardian, except on the guardians bond, shall be brought within six years of the termination of the guardianship of the ward, except as provided in Code Section 9-3-90.

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ARTICLE 7
29-4-60. (a) Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward requires immediate action. (b) The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest of the ward. (d) Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian has authority. (e) Notice of the appointment of a temporary substitute guardian shall be served personally on the ward. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian to the court. Notice of the appointment shall be mailed by first-class mail to the wards conservator, if any. (f) The court may remove the temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute guardian.
29-4-61. (a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-11. (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the wards legal counsel. Notice shall be made by firstclass mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward. (c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

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29-4-62. Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the ward held by the guardian and shall submit a final status report covering the period since the guardians last status report.
ARTICLE 8
29-4-70. (a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the wards legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (b) All rights of appeal from the superior court shall be as provided by law. (c) The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas. (d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such powers and duties as are described in Code Section 29-4-16; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable.
ARTICLE 9 Part 1
29-4-80. (a) A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the ward resides. (b) Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward.

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(c) Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship. (d) Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed. (e) The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even though the guardianship has been removed to another county.
Part 2
29-4-85. (a) For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court of competent jurisdiction for the care of an incapacitated adult, referred to as the 'ward,' thereby becoming a guardian. (b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the ward resides or may reside. (c) The petition shall include the following:
(1) An authenticated copy of the foreign guardianship order including: (A) All attachments describing the duties and powers of the guardian; and (B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
(2) The address of the foreign court which issued the guardianship order; (3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (4) The petitioners name, address, and county of domicile; (5) The name, age, and address of the ward; (6) The names and addresses of the following, if living:
(A) The spouse of the ward; and (B) All children of the ward; or (C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward; (ii) Parents and siblings of the ward; and (iii) Friends of the ward; (7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving;

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(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel or guardian ad litem appointed by the foreign court for the ward; (9) The name and address of the wards conservator, if any; and (10) The reason the transfer is in the wards best interest. (c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.
29-4-86. (a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition; (2) Inform the ward of the procedure to exercise the wards right to a hearing; and (3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the guardianship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court: (1) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance or nonfeasance during the guardians appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed under the guardianship have been performed; (2) Forward copies of all documents filed with the foreign court relating to the guardianship including but not limited to: (A) The initial petition for guardianship and other filings relevant to the appointment of the guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the guardianship; (C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; (D) Periodic status reports on the condition of the ward; and (E) The order to transfer the guardianship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the petition for receipt and acceptance of the guardianship by this state. (d) The ward shall have 30 days from the date of service to request a hearing on the petition for receipt and acceptance of a foreign guardianship. All other persons to whom

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notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The guardian has filed a petition in the foreign court for transfer and release of the guardianship to this state; (2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the guardianship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and (4) The ward is represented by legal counsel with respect to the petition in the foreign court.
29-4-87. (a) On the courts own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign guardian. (b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.
29-4-88. (a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best interest of the ward. (b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the wards incapacity. (c) Subject to subsection (d) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship. (d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to: (1) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;

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(3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship. (e) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-4-11.
Part 3
29-4-90. (a) A guardian may petition the Georgia court that has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the ward has moved permanently to the foreign jurisdiction. (b) The ward may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The guardian notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the ward in the foreign jurisdiction. (c) To facilitate the transfer, the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.
29-4-91. The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship if previously filed in the foreign court; (2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (3) The petitioners name, address, and county of domicile; (4) The name, age, and current address of the ward and the new or proposed address of the ward; (5) The names and addresses of the following, if living:
(A) The spouse of the ward; and (B) All children of the ward; or

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(C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward; (ii) Parents and siblings of the ward; and (iii) Friends of the ward; (6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving; (7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (8) The name and address of the wards conservator, if any; and (9) The reason for moving the ward and the reason the transfer of the guardianship is in the wards best interest.
29-4-92. (a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall:
(1) State the date that the hearing shall be held; and (2) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the guardianship shall be provided to the foreign court to which the guardianship is to be transferred. (c) Notice and a copy of the petition shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.
29-4-93. Upon the courts own motion or upon timely motion by the ward or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship.
29-4-94. (a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that:
(1) The guardian is presently in good standing with the court; and (2) The transfer of the guardianship to the foreign jurisdiction is in the best interest of the ward. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:

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(1) Notify the foreign court of any significant problems that may have occurred including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and (2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filing relevant to the appointment of the guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship; (C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself; and (D) Periodic status reports on the condition of the ward. (c) As necessary to coordinate the transfer of the guardianship, the court is authorized to: (1) Delay the effective date of the transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the guardianship or appointment of the guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or (4) Make other arrangements that in the sound discretion of the court are necessary to transfer the guardianship.
Part 4
29-4-95. (a) For purposes of this part, a 'foreign guardian' is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the 'ward' and whose guardianship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article. (b) Any foreign guardian of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security in double the value of the property to be sold for the faithful execution of the guardianship as provided by law.

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29-4-96. A foreign guardian may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign guardian as such.
29-4-97. Pending an action brought by a foreign guardian pursuant to Code Section 29-4-96, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action is a summary proceeding.
29-4-98. A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or (2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
CHAPTER 5 ARTICLE 1
29-5-1. (a) The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. (b) No conservator, except a conservator for the estate of an individual who is missing or who is believed to be dead, shall be appointed for any adult except pursuant to the procedures of this chapter. (c) No conservator shall be appointed for an adult unless the appointment is in the best interest of the adult. (d) No conservator shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a conservator for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.
(e)(1) No adult shall be presumed to be in need of a conservator unless adjudicated to be in need of a conservator pursuant to this chapter. (2) An adult shall not be presumed to be in need of a conservator solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37-1-1; (B) Code Sections 37-3-1 through 37-3-6; (C) Articles 2 through 6 of Chapter 3 of Title 37;

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(D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8; (E) Articles 2 through 5 of Chapter 4 of Title 37; (F) Code Section 37-5-3; (G) Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and (H) Articles 2 through 6 of Chapter 7 of Title 37. (f) All conservatorships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adults actual and adaptive limitations after a determination that less restrictive alternatives to the conservatorship are not available or appropriate.
29-5-2. No person may be appointed or continue to serve as conservator of the estate of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the adults best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.
29-5-3. (a) The court shall appoint as conservator that individual who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) of this Code section only upon good cause shown. (b) Persons who are eligible and not disqualified have preference in the following order:
(1) The person last nominated by the adult in accordance with the provisions of subsection (c) of this Code section; (2) The spouse of the adult or a person nominated by the adults spouse in accordance with the provisions of subsection (d) of this Code section; (3) An adult child of the adult or a person nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; (4) A parent of the adult or a person nominated by a parent of the adult in accordance with the provisions of subsection (c) of this Code section; (5) A conservator appointed during the minority of the adult; (6) A conservator previously appointed in Georgia or another state; (7) A friend, relative, or any other person; or (8) The county guardian.

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(c) At any time prior to the appointment of a conservator, an adult may nominate in writing a person to serve as that adults conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference set forth in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5. (d) At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adults conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20 of the Revised Probate Code of 1998. (e) A writing nominating the conservator of an adult:
(1) Must contain an express nomination of the person who shall serve as conservator and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individuals presence; and (2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.
29-5-4. (a) Upon receiving an affidavit:
(1) That the total personal property of an incapacitated adult does not exceed $2,500.00 in value; (2) That no conservator has been appointed for the incapacitated adults estate; and (3) That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support of the incapacitated adult, any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer or issuance had been made to the legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition of the personal property. (b) The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the personal property for the benefit of the incapacitated adult in the persons judgment as may be just and proper.

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ARTICLE 2
29-5-10. (a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a conservator. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any conservatorship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a conservator. (b) The petition for appointment of a conservator shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner or petitioners and the petitioners relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that persons relationship to the proposed ward, if any; (4) A statement of the reasons the conservatorship is sought, including the facts which support the claim of the need for a conservator; (5) Any foreseeable limitations on the conservatorship; (6) Whether, to the petitioners knowledge, there exists any power of attorney, trust, or other instrument that deals with the management of the property of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument; (7) A description of all known assets, income, other sources of funds, liabilities, and expenses of the proposed ward; (8) The names and addresses of the following whose whereabouts are known:
(A) The spouse of the proposed ward; and (B) All children of the proposed ward; or (C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the proposed ward; (ii) Parents and siblings of the proposed ward; and (iii) Friends of the proposed ward; (9) If known, the name and address of any person nominated to serve as conservator by the proposed ward, as described in paragraph (1) of subsection (b) of Code Section 29-5-3; (10) If known, the name and address of any person nominated to serve as conservator by the proposed wards spouse, adult child, or parent, as described in paragraphs (2) through (4) of subsection (b) of Code Section 29-5-3; (11) The name and address of any person nominated to serve as conservator by the petitioner;

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(12) Whether any nominated conservator has consented or will consent to serve as conservator; (13) If known, whether any nominated conservator is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the proposed ward is receiving care, and, if so, whether the nominated conservator is related to the proposed ward by blood, marriage, or adoption. (14) Whether an emergency conservator has been appointed for the proposed ward or a petition for the appointment of an emergency conservator has been filed or is being filed; (15) If known, a disclosure of any ownership or other financial interest that would cause any nominated conservator to have a conflict of interest with the proposed ward; (16) A specific listing of any additional powers, as described in subsections (b) and (c) of Code Section 29-5-23, that are requested by the conservator and a statement of the circumstances which would justify the granting of additional powers; (17) Whether a guardian or conservator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state; (18) That to petitioners knowledge, there has been no petition for conservatorship denied or dismissed within two years by any court of this state or, if so, that there has been a significant change in the condition or circumstances of the individual, as shown by the accompanying affidavits or evaluation; and (19) The reason for any omission in the petition for appointment of conservator in the event full particulars are lacking. (c)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based upon the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed wards property. (3) In addition to stating the facts that support the claim of the need for a conservator, the affidavit shall state the foreseeable duration of the conservatorship and may set forth the affiants opinion as to any other limitations on the conservatorship.
29-5-11. (a) Upon the filing of a petition for conservatorship of the estate of an proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there

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is probable cause to believe that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of a conservator:
(1) The court shall immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have a conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that if a conservator is appointed the proposed ward may lose important rights to control the management of the proposed wards property; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (d) of this Code section; and (D) Inform the proposed ward of the proposed wards right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel within that time frame; (2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) of this Code section. (3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (8) through (10) of subsection (b) of Code Section 29-510; and (4) Upon the courts own motion or upon the motion of any interested person, the court shall determine whether to appoint a guardian ad litem. (d)(1) If the petition is not dismissed pursuant to subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10.

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(2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose of the evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed wards legal counsel shall have the right to be present but shall not participate in the evaluation. (3) The evaluation shall be conducted with as little interference with the proposed wards activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and to his or her legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility, office of a physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, if possible; (B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward; (C) A review of the records for the proposed ward including, but not limited to, medical records, medication charts, and other available records; (D) An assessment of cultural factors and language barriers that may impact the proposed wards abilities and living environment; and (E) All other factors the evaluator determines to be appropriate to the evaluation. (4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed wards legal counsel and guardian ad litem, if appointed. (5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall: (A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements of the evaluation; (B) List all persons and other sources of information consulted in evaluating the proposed ward; (C) Describe the proposed wards mental and physical state and condition, including all observed facts considered by the physician, psychologist, or licensed clinical social worker; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration.

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(6) The proposed wards legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing on the petition for conservatorship. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.
29-5-12. (a) After the filing of the evaluation report the court shall review the pleadings and the evaluation report. (b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1, the court shall dismiss the petition. (c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a conservator, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed wards legal counsel, and the proposed wards guardian ad litem, if any; the petitioner or the petitioners legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (8) through (10) of subsection (b) of Code Section 29-5-10. The date of the hearing shall not be less than ten days after the date the notice is mailed.
(d)(1) The hearing shall be held in a courtroom or, for good cause shown, at any other place as the court may set. At the request of the proposed ward or the proposed wards legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the courts action. The proposed ward or the proposed wards legal counsel may waive the appearance of the proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a soundrecording device. The recording shall be retained for not less than 45 days from the date of the entry of the order described in Code Section 29-5-138. (3) The court shall apply the rules of evidence applicable in civil cases. (4) The court shall utilize the criteria in Code Section 29-5-1 to determine whether there is clear and convincing evidence of the need for a conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. (5) Upon determination of the need for a conservatorship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-5-21 and whether any additional powers shall be granted to the conservator pursuant to the provisions of subsections (b) and (c) of Code Section 29-5-23. (6) If the court determines that a conservatorship is necessary and the proposed ward is present, the proposed ward may suggest any person as conservator. The court shall select as conservator the person who shall serve the best interest of the ward.

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(7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for a hearing on the petition for conservatorship, the judge shall appoint an individual to serve to hear the case and exercise all the jurisdiction of the court in the case. Any individual so appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judges successor in office. The compensation of an individual so appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county funds. All fees collected for the service of the appointed individual shall be paid into the general funds of the county.
29-5-13. (a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify:
(1) The name of the conservator and the basis for the selection; (2) Any powers retained by the ward pursuant to Code Section 29-5-21; (3) The limitations on the conservatorship; (4) A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section 29-5-23; (5) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be furnished to the guardian to provide adequately for the wards support, care, education, health, and welfare, subject to modification by subsequent order of the court; (6) If the ward has an interest in real property, the name of the county in which the real property is located; and (7) Such other and further provisions of the conservatorship as the court shall determine to be in the best interest of the ward, stating the reasons therefor. (b) Service of the courts order shall be made by first-class mail upon the ward, the wards legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship. (c) After service of an order granting a conservatorship, the wards legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the wards rights under the order. (d) In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the

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county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
29-5-14. (a) Any interested person, including the proposed ward, may file a petition for the appointment of an emergency conservator. The petition shall be filed in the court of the county in which the proposed ward is domiciled or is found. (b) The petition for appointment of an emergency conservator shall set forth:
(1) A statement of the facts upon which the courts jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioners relationship to the proposed ward; (4) A statement of the reasons the emergency conservatorship is sought, including the facts which support the need for a conservator and the facts which establish an immediate and substantial risk of irreparable waste or dissipation of the proposed wards property unless an emergency conservator is appointed; (5) The reasons why compliance with the procedures of Code Sections 29-5-10 through 29-5-13 is not appropriate in the circumstances; (6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and (7) The reason for any omission to the petition for appointment of emergency conservator in the event full particulars are lacking. (c) The petition shall state whether a petition for the appointment of a conservator or guardian has been filed or is being filed in conjunction with the petition for the appointment of an emergency conservator; and, if no other petition has been filed or is being filed, shall include a summary description of all known assets, income, other sources of funds, liabilities, and expenses of the proposed ward. (d)(1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed wards property and that there is an immediate and

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substantial risk of irreparable waste or dissipation of the proposed wards property unless an emergency conservator is appointed. (3) In addition to stating the facts that support the need for an emergency conservator, the affidavit shall state the foreseeable duration of the emergency conservatorship and may set forth the affiants opinion as to any other limitations on the emergency conservatorship.
29-5-15. (a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-149. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition; (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10, to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14; (4) Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed wards property;

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(C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward of the appointment of legal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and (5) Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed wards signature without the courts prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed wards need for a nonemergency conservator.
29-5-16. (a) The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:
(1) Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; (2) The court may order the emergency conservator to make any report the court requires; and (3) The emergency conservatorship shall terminate on the earliest of:
(A) The courts removal of the emergency conservator, with or without cause; (B) The effective date of the appointment of a conservator; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator; (D) The date specified for the termination in the order appointing the emergency conservator; or (E) Sixty days from the date of appointment of the emergency conservator.

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ARTICLE 3
29-5-20. (a) In every conservatorship the ward has the right to:
(1) A qualified conservator who acts in the best interest of the ward; (2) A conservator who is reasonably accessible to the ward; (3) Have the wards property utilized as necessary to provide adequately for the wards support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction; (5) Individually, or through the wards representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72; (6) The least restrictive form of conservatorship, taking into consideration the wards functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time. (b) The appointment of a conservator is not a determination regarding the right of the ward to vote. (c) The appointment of a conservator is not a determination that the ward lacks testamentary capacity.
29-5-21. (a) Unless the courts order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to:
(1) Make, modify, or terminate contracts, other than the power to contract marriage; (2) To buy, sell, or otherwise dispose of or encumber property; (3) Enter into or conduct other business or commercial transactions; (4) Revoke a revocable trust established by the ward; and (5) Bring or defend any action at law or equity, except an action relating to the conservatorship. (b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the wards agent under a durable power of attorney for health care.
29-5-22. (a) Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the wards property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the wards own behalf, and develop or regain the ability to manage the wards property. A conservator, in making decisions, shall consider the expressed desires and personal values of the

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ward which are known to the conservator. A conservator shall at all times act as a fiduciary in the wards best interest and exercise reasonable care, diligence, and prudence. (b) A conservator shall:
(1) Respect the rights and dignity of the ward; (2) Be reasonably accessible to the ward and maintain regular communication with the ward; (3) If necessary, petition to have a guardian appointed; (4) Endeavor to cooperate with the guardian, if any; (5) Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward; (6) Give such bond as required by Code Section 29-5-40; (7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the wards property and a plan for administering the property, pursuant to the provisions of Code Section 29-5-30. (8) Take into account any estate plan of the ward known to the conservator in the administration of the conservatorship; (9) Keep accurate records, including adequate supporting data, and file annual returns, as required by Code Section 29-5-60; (10) Promptly notify the court of any change in the wards condition that in the opinion of the conservator might require modification or termination of the conservatorship; (11) Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-5-24; and (12) Keep the court informed of the conservators current address. (c) A conservator, solely by reason of the conservator-ward relationship, is not personally liable for: (1) The wards expenses or the expenses of those entitled to be supported by the ward; (2) Contracts entered into in the conservators fiduciary capacity; (3) The acts or omissions of the ward; (4) Obligations arising from ownership or control of property of the ward; or (5) Other acts or omissions occurring in the course of the conservatorship.
29-5-23. (a) Unless inconsistent with the terms of any court order relating to the conservatorship, a conservator without court order may:
(1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be supported by the ward;

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(2) Enter into contracts for labor or service upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts, when combined with other anticipated disbursements, does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30; (3) Borrow money for one year or less and bind the ward or the wards property, but only if the amount of the annual payments, when combined with other anticipated disbursements, does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 and only if done for purposes of paying the wards debts, repairing the wards dwelling place, or providing for the support, care, education, health, or welfare of the ward and the persons who are entitled to be supported by the ward; (4) Receive, collect, and hold the wards property, additions to the wards property, and all related records; (5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-5-31; (6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalf of the ward; (7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the ward; (8) Revoke a revocable trust set up by the ward or exercise such other powers of revocation, amendment, or withdrawal that are exercisable by the ward, but only if the governing instrument expressly allows a conservator to revoke the trust or exercise the powers; (9) Examine the will and any other estate planning documents of the ward; (10) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservators sureties shall be bound for the acts of the attorney as if the acts were the personal acts of the conservator; (11) Invest the wards property pursuant to the provisions of Code Sections 29-5-32 and 29-5-33; (12) Sell the wards stocks and bonds pursuant to the provisions of subsection (b) of Code Section 29-5- 35; (13) Compromise any contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of $15,000.00 or less; and (14) Release the debtor and compromise all debts in the amount of $15,000.00 or less when the collection of the debt is doubtful. (b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power:

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(A) To invest the wards property in investments other than those authorized in Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34, without further court approval of any investment; (B) To sell, rent, lease, exchange, or otherwise dispose of any or all of the wards real or personal property without complying with the provisions of Code Section 295-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-5-35; or (C) To continue the operation of any farm or business in which the ward has an interest. (2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment of the conservator, the court shall order a hearing as the court deems appropriate. Notice shall be given by personal service to the ward and a guardian ad litem appointed for the ward. Notice shall be given by first-class mail to the guardian of the ward, if any; the surety on the conservators bond; and to the following relatives of the ward whose whereabouts are known: (A) The spouse of the ward; and (B) All adult children of the ward; or (C) If there is no adult child, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward; (ii) Parents and siblings of the ward; and (iii) Friends of the ward. (c) At the time of the appointment of the conservator or at any time thereafter, and after appointment of a guardian ad litem for the ward and a hearing as the court deems appropriate, any of the following powers may be specifically granted to the conservator on a case-by-case basis, upon notice as the court shall determine: (1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be supported by the ward; (2) To enter into contracts for labor or service for which the compensation payable under such contracts, when combined with other disbursements from the estate, exceeds the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30; (3) To make specific investments of the wards property that do not comply with the provisions of Code Section 29-5-32, pursuant to the provisions of Code Section 29-534; (4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the wards real or personal property without complying with the provisions of Code Section 295-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 2-5-35;

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(5) To compromise a contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3, is more than $15,000.00; (6) To release the debtor and compromise all debts for which the collection is doubtful when the amount of the debt is $15,000.00 or more; (7) To use the wards property to erect a dwelling for the ward or make an addition or renovation to the wards dwelling place; (8) To establish or add property to a trust for the benefit of the ward and, if applicable, those individuals who are entitled to support from the ward; provided, however, unless otherwise provided by court order pursuant to Code Section 29-5-36, the trust must provide that the ward may revoke the trust if the ward is restored to capacity and the trust shall terminate upon the wards death and any property remaining in the trust shall be paid to the wards estate; (9) To disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998; (10) To engage in estate planning for the ward pursuant to the provisions of Code Section 29-5-36; and (11) To perform such other acts as may be in the best interest of the ward. (d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, if there is no guardian, of others who have custody of the ward. (e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody of the ward.
29-5-24. (a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. (b) The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the courts determination as to whether the conflict is insubstantial or whether it is in the best interest of the ward for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the ward, the conservator may either resign or forfeit the property interest that is the source of the conflict. (c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.

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29-5-25. Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
ARTICLE 4
29-5-30. (a) Within two months of appointment, the conservator shall file with the court and provide to the wards guardian, if any, an inventory of the wards property and a plan for managing, expending, and distributing the property. (b) The inventory shall describe all the assets and liabilities of the ward and shall include a list of all the personal and real property owned by the ward and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the ward known to the conservator. (c) The plan for managing, expending, and distributing the wards property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, projections for expenses and resources, and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.
29-5-31. (a) A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except for gross neglect. In the case of corporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the

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corporate fiduciarys own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciarys own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whether or not any of the corporations own assets identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.
29-5-32. A conservator is authorized to invest estate funds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect:
(1) Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36; (3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government; (5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance; (6) Bonds or other obligations issued by a housing authority pursuant to Article 1 of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, as authorized by Code Section 8-3-81; (7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-11;

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(8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article 11 of Chapter 2 of Title 20, as authorized by Code Section 20-2-570; (9) Bonds issued by the Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 of Title 31, as authorized by Code Section 31-7-27; (10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 3210-30, as authorized by Code Section 32-10-45; (11) Bonds or other obligations issued by a municipality or county pursuant to Chapter 61 of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal government in accordance with Code Section 36-61-13, as authorized by Code Section 36-61-13; (12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 of Title 42, as authorized by Code Section 42-3-21; (13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and (15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.
29-5-33. (a) Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 29-5-32, the conservator may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;

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(2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
29-5-34. (a) After receiving court approval as required in subsections (b) and (c) of Code Section 29-5-23, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the ward and those entitled to support from the ward. (b) Within the limitations of the standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind of property, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the ward and those entitled to support from the ward as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the wards portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment

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adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.
29-5-35. (a) A conservator may sell perishable property of the ward, property of the ward that is liable to deteriorate from keeping, or property of the ward that is expensive to keep, as early as practicable and in such manner as the court shall determine is in the best interest of the ward, after such notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances. (b) A conservator may sell stocks or bonds of the ward that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members. (c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the ward, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the ward. (d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the ward. The petition and notice shall be served personally on the ward and the guardian ad litem. (e) If no written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order such sale summarily in the manner and terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the ward, which may require the sale to be private or at public auction, including confirmation of the sale by the court or otherwise. (f) A conservator shall make a full return to the court within 30 days of every sale, specifying the property sold, the purchasers, and the amounts received, together with the terms of the sale. (g) The recital in the conservators deed of a compliance with legal provisions shall be prima-facie evidence of the facts recited. (h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition of the sale.

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(i) An emergency or temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.
29-5-36. (a) After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the wards lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers of the wards personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the wards circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan. (b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:
(1) The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby; (2) The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the wards lifetime in the standard of living to which the ward and the other individuals have become accustomed; (3) The identity of the proposed transferees and, in particular, whether they are natural objects of the wards bounty by relationship or prior behavior of the ward; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; (5) Any previous history or predisposition toward making similar transfers by the ward.
ARTICLE 5
29-5-40. (a) A conservator appointed by the court shall give bond with good and sufficient security. (b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to qualify as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller of the Currency of the United States or the commissioner of banking and finance.

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(c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody of the bonds.
29-5-41. (a) The bond of a conservator shall be:
(1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of the ward; (3) Conditioned upon the faithful discharge of the conservators duty, as such is required by law; and (4) Attested by the judge or clerk of the court. (b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) The bond shall be in a value equal to double the estimated value of the wards estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate including the value of the personal property into which the real property was converted. (d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciarys duty as such has been proved.
29-5-42. If the value of the wards bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.
29-5-43. (a) Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:
(1) Additional personal property has accrued to the ward by descent, gift, or otherwise; (2) For any other reason the bond or security of the conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; or (3) The bond or security is otherwise insufficient in the judgment of the court,

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the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservators bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92. (b) When it comes to the knowledge of the court that the surety on the conservators bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservators bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-102.
29-5-44. (a) A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate. (b) When the guardian is required to give bond pursuant to Code Section 29-4-30, the conservator shall pay any bond premium from the estate.
29-5-45. If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator.
29-5-46. The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservators representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that persons representative capacity.
29-5-47. (a) When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa. (b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment of the judgment by the surety.

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29-5-48. In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.
29-5-49. (a) The surety on the bond of any conservator or, if the surety is dead, the suretys personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservators trust or to show the court its desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability. (b) Upon a petition by the surety or the suretys personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and require the conservator to give new and sufficient security or be removed. (c) If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator. (d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the ward if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up until the time of the settlement with the new conservator or the ward.
ARTICLE 6
29-5-50. (a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(1) Two and one-half percent commission on all sums of money received by the conservator on account of the estate, except on money loaned by and repaid to the conservator, and 2 1/2 percent commission on all sums paid out by the conservator; (2) An additional commission equal to one-half of 1 percent computed on the market value of the estate as of the last day of the reporting period. This commission shall be proportionately reduced for any reporting period of less than 12 months; (3) Ten percent commission on the amount of interest earned if it is earned during the course of the conservatorship. The conservator shall receive interest on money loaned by the conservator in that capacity and shall include the interest on the money loaned

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on the return to the court so as to become chargeable with the interest as a part of the corpus of the estate; (4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the court, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and (5) In the discretion of the court, compensation for working land for the benefit of the parties in interest, but not to exceed 10 percent of the annual income of the managed property. (b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator. (c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit of the estate or that persons representative, and commissions for paying out shall be paid to the conservator who actually distributes the fund. No commissions shall be paid for handing over the fund to a successor conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed each conservator shall be according to the services rendered by each conservator. (d) A conservator shall not be entitled to a commission for any sums paid to any conservator of the estate as commissions or other compensation. (e) Conservators who fail to make annual returns as required by law shall forfeit all commission for transactions during the year within which no return is made unless the court, upon cause shown, shall by special order entered on the record, relieve the conservator from the forfeiture. (f) A conservator may renounce his or her right to all or any part of the compensation to which the conservator is entitled under this Code section.
29-5-51. Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservators commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income of the estate.

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29-5-52. (a) A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days from the date of service. (b) After hearing any objection filed by or on behalf of the ward, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.
29-5-53. (a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the ward owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and who are not related to the conservator and provided the contract is approved by the court of the county which has jurisdiction over the conservatorship. (b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 295-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by a conservator of normal commissions and compensation for the usual services performed by a conservator pursuant to law. (d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to a contract without the necessity of petitioning for extra compensation pursuant to Code Section 29-5-52.
29-5-54. An emergency conservator or temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with

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Chapter 9 of this title. The court shall award reasonable compensation to an emergency conservator or temporary substitute conservator and such compensation shall be the only compensation or commission paid to the emergency conservator or temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to an emergency conservator or temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions of this article.
ARTICLE 7
29-5-60. (a) Each year, within 60 days of the anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures of the conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement of the assets and liabilities of the estate as of the anniversary date of qualification, an updated plan for managing, expending, and distributing the wards property, a note or memorandum of any other fact necessary to show the true condition of the estate, and a statement of the current amount of the bond. The conservator shall mail a copy of the return by first-class mail to the surety on the conservators bond, the ward, and the wards guardian, if any. (b) Upon petition of the conservator or upon the courts own motion, the court may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date. (c) The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the courts own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of the ward or failed in any manner to comply with applicable law, the court shall hold a hearing or take such other action as the court deems appropriate. (d) The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return by the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A conservator who fails to file an annual return as required by law shall forfeit all commissions and other

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compensation for the year within which no return is filed unless otherwise ordered by the court. A willful and continued failure to file a return shall be good cause for removal.
29-5-61. (a) At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the ward upon the filing of the petition for an interim settlement of accounts. (b) The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(1) The period which the report covers; (2) The name and address of the ward, the name and address of the wards guardian, if any, and the name of the surety on the conservators bond, with the amount of the bond; and (3) Such other facts as the court may require. (c) The court, upon the petition for an interim settlement of accounts being filed, shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The ward and the guardian ad litem shall be served personally, and the wards guardian, if any, and the surety of the conservators bond shall be served by first-class mail.
29-5-62. Any interested person may file an objection to the conservators interim settlement of accounts. Upon receipt of objections or upon the courts own motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.
29-5-63. If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.
ARTICLE 8
29-5-70. (a) Upon the petition of any interested person, including the ward, or upon the courts own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the conservator, the

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wards legal counsel, if any, and the wards guardian, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances of the ward.
29-5-71. (a) Upon the petition of any interested person, including the ward, or upon the courts own motion, the court may modify the conservatorship by adjusting the duties or powers of the conservator, as defined in Code Sections 29-5-14 and 29-5-15, or the powers of the ward, as defined in Code Section 29-5-13, or by making other appropriate adjustments to reflect the extent of the current capacity of the ward or other circumstances of the conservatorship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the wards legal counsel, if any, and the wards guardian, if any. In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate. (c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the conservatorship upon a showing that the modification is in the wards best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) of this Code section prior to granting the petition for modification. (d) In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the

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wards best interest. In any proceeding under this Code section that would restrict the powers of the conservator or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the wards best interest. (e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances of the ward.
29-5-72. ( a) Upon the petition of any interested person, including the ward, or upon the courts own motion, and upon a proper showing that the need for a conservatorship has ended, the court may terminate the conservatorship and restore all personal and property rights to the ward. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the wards legal counsel, and the wards guardian, if any. The court shall appoint legal counsel for the ward and may, in its discretion, appoint a guardian ad litem. (b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall order that an evaluation be conducted in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall schedule a hearing with such notice as the court deems appropriate. (c) In any proceeding under this Code section the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the conservatorship. (d) No petition for termination of a conservatorship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the conservatorship unless the petitioner shows a significant change in the condition or circumstances of the ward. (e) The death of the ward automatically terminates the conservatorship except for purposes of the final settlement of the petition for letters of discharge, as provided in Code Section 29-5-81.

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(f) Upon termination of the conservatorship, the conservator shall deliver any money or property to the former ward or, if the ward is deceased, to the wards personal representative.
ARTICLE 9
29-5-80. (a) Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the latest annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-5-60. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less then 30 days from the date of publication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservators surety.
29-5-81. (a) A ward who has been restored to capacity, the personal representative of a deceased ward, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservators personal representative to appear and submit to a final settlement of the conservators accounts. Alternatively, the court on its own motion may issue such an order. The settlement period shall begin from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail of the settlement proceeding. (b) A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the ward, the wards personal representative, or a successor conservator to appear and be present at a final settlement of the conservators accounts and discharge from liability in the manner provided in this Code section. The settlement period shall begin with the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservators bond and to the wards guardian, if any. If the ward has not been restored to capacity or if the conservator is

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the wards personal representative, the court shall appoint a guardian ad litem for the ward who shall be served personally. (c) Upon the return of a notice referred to in subsections (a) and (b) of this Code Section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge. (d) The court shall order any property in the hands of the conservator to be delivered to the ward, the wards personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.
ARTICLE 10
29-5-90. (a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator, acting on behalf of the conservator, may resign upon petition to the court showing to the satisfaction of the court that:
(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator; (3) Disagreement exists between the ward and the conservator or between the guardian and the conservator in respect of the conservators management of the wards property, which disagreement and conflict appear to be detrimental to the ward; (4) The resignation of the conservator will result in or permit substantial financial benefit to the ward; or (5) The resignation would not be disadvantageous to the ward. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship. (c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the wards legal counsel. Service shall be made by first-class mail to the guardian of the ward, if any, the surety on the conservators bond, and to the following persons whose whereabouts are known and who must be persons other than the resigning conservator or the proposed successor conservator: (1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and

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(C) Friends of the ward. (d) If, after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-5-101 and shall accept the resignation, subject to the resigning conservator turning over to the successor conservator all property held by the conservator.
29-5-91. (a) In the event of the death of a conservator and upon the petition of an interested person or upon the courts own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the wards legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservators bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward. (b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative of the deceased conservator to turn over to the successor conservator all property of the ward held by the conservator.
29-5-92. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and administer the wards property during the investigation. (b) Upon investigation, the court may, in its discretion:
(1) Revoke or suspend the letters of conservatorship; (2) Require additional security; (3) Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section 29-5-81, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed;

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(4) Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and (5) Issue such other orders as in the courts judgment are appropriate under the circumstances of the case. (c) The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.
29-5-93. (a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance of the conservators duties; (3) To enjoin the commission of a breach of fiduciary duty; or (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the wards assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
29-5-94. All actions against a conservator, except on a conservators bond, shall be brought within six years of the termination of the conservatorship of the ward, except as provided in Code Section 9-3-90.
ARTICLE 11
29-5-100. (a) Upon its own motion or upon the petition of any interested party, including the ward, the court may appoint a temporary substitute conservator for a ward if it appears to the court that the best interest of the ward requires immediate action. (b) The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest of the ward. (d) Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority. (e) Notice of the appointment of a temporary substitute conservator shall be served personally on the ward. Notice of the appointment shall be served personally on the

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previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the wards guardian, if any. (f) The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.
29-5-101. (a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section 29-5-3. (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-5-90 and 29-5-91. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the wards legal counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants of the ward; (B) Parents and siblings of the ward; and (C) Friends of the ward. (c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor conservator and requiring that bond be posted in the amount set out in Code Section 29-5-40.
29-5-102. Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the ward held by the conservator and shall submit a final return covering the period since the conservators last annual return. The surety of the predecessor conservator shall be liable for all acts of the conservator in relation to the wards property up to the time of the receipt of all of the wards property by the successor conservator.
ARTICLE 12

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29-5-110. (a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the wards legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless by agreement the parties specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (b) All rights of appeal from the superior court shall be as provided by law. (c) The filing of an appeal to the superior court from the judgment of the probate court shall act as a supersedeas. (d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with powers and duties as are described in Code Section 29-5-16; provided, however, that such emergency conservator may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-5-14 and after a hearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable.
ARTICLE 13 Part 1
29-5-120. (a) A conservator may petition to remove the conservatorship to the jurisdiction of the court of the county in this state in which the ward resides. (b) Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward. (c) Before the removal of the conservatorship to another county in this state, the conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship. (d) Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the

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conservator as if the conservator had been first appointed in that county, and every case growing out of or affecting the conservatorship shall be heard and tried only in the county to which the conservatorship has been removed. (e) The sureties on the conservators first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator. (f) The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another county.
Part 2
29-5-125. (a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of an incapacitated adult who shall be referred to with the term ward, and the individual thereby becomes a conservator. (b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the ward resides or may reside. (c) The petition shall include the following:
(1) An authenticated copy of the foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator; and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2) The address of the foreign court which issued the conservatorship order; (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (4) The petitioners name, address, and county of domicile; (5) The name, age, and address of the ward; (6) The names and addresses of the following, if living:
(A) The spouse of the ward; and (B) All children of the ward; or (C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward; (ii) Parents and siblings of the ward; and (iii) Friends of the ward; (7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving;

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(8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (9) The name and address of the wards guardian, if any; (10) The name and address of the surety on the conservators bond; (11) The reason the transfer is in the wards best interest; and (12) To the extent known to the petitioner, a statement of the location and estimated value of the wards property and the source and amount of any anticipated income or receipts. (c) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.
29-5-126. (a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition; (2) Inform the ward of the procedure to exercise the wards right to a hearing; and (3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer of the conservatorship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court to: (1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservators appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed under the conservatorship have been performed; and (2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to: (A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness of the conservatorship; (C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; (D) Periodic status reports on the condition of the ward and the wards assets; and (E) The order to transfer the conservatorship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed by first-class mail to all other persons named in the

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petition. The notice shall inform these persons of the right to object to the receipt and acceptance of the conservatorship by this state. (d) The ward shall have 30 days from the date of service of the petition for receipt and acceptance of a foreign conservatorship to request a hearing on the petition. All other persons to whom notice is given under this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) of this Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state; (2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the conservatorship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and (4) The ward is represented by legal counsel with respect to the petition in the foreign court.
29-5-127. (a) Upon the courts own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance of the foreign conservator. (b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.
29-5-128. (a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(1) The conservator is presently in good standing with the foreign court; and (2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest of the ward. (b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign conservatorship order concerning the determination of the wards incapacity. (c) The court may require the conservator to file an inventory of the wards property at the time of the transfer from the foreign jurisdiction. (d) Subject to subsection (e) of this Code section, at all times following the entry of the order accepting the guardianship, the laws of the state of Georgia shall apply to the conservatorship.

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(e) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to:
(1) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to terminate the conservatorship and discharge the conservator in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the conservatorship. (f) The denial of a petition for receipt and acceptance of the conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-5-10.
Part 3
29-5-130. (a) A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction if the ward has moved permanently to the foreign jurisdiction. (b) The ward may be presumed to have moved permanently to the foreign jurisdiction if:
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The conservator notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the ward in the foreign jurisdiction. (c) To facilitate the transfer of the conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.
29-5-131. The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:

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(1) The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court; (2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (3) The petitioners name, address, and county of domicile; (4) The name, age, and current address of the ward and the new or proposed address of the ward; (5) The names and addresses of the following, if living:
(A) The spouse of the ward; and (B) All children of the ward; or (C) If there are no adult children, then at least two adults in the following order of priority:
(i) Lineal descendants of the ward; (ii) Parents and siblings of the ward; and (iii) Friends of the ward; (6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving; (7) The name and address of the wards guardian, if any; (8) The name and address of the surety on the conservators bond; (9) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (10) The reason for moving the ward; and (11) The reason the transfer of the conservatorship is in the wards best interest.
29-5-132. (a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall state:
(1) The date that the hearing shall be held; and (2) That the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred. (c) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.

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29-5-133. Upon the timely filed motion by the court, the ward, or any interested person, the court shall hold a hearing to consider the petition to transfer the conservatorship.
29-5-134. (a) The court may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction if the court finds that:
(1) The conservator is presently in good standing with the court; and (2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest of the ward. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the conservatorship, the court is authorized to: (1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed; (2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship; (C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage the wards affairs; and (D) Periodic status reports on the condition of the ward and the wards assets; and (3) Require the conservator to file an inventory of the wards property at the time of the transfer to the foreign jurisdiction. (c) As necessary to coordinate the transfer of the conservatorship, the court is authorized to: (1) Delay the effective date of the transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or (4) Make other arrangements that in the sound discretion of the court are necessary to transfer the conservatorship.
Part 4
29-5-135. (a) For purposes of this part, a 'foreign conservator' is a conservator or other person

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who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the 'ward' and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article. (b) Any foreign conservator of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship as provided by law.
29-5-136. A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign conservator in his or her capacity as conservator.
29-5-137. Pending an action brought by a foreign conservator pursuant to Code Section 29-5-136, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers, if the action is a summary proceeding.
29-5-138. A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or (2) Doing any act as a conservator in this state that would have given this state jurisdiction over the actor as an individual.
29-5-139. Any resident of this state who is interested as a creditor, heir, or will beneficiary of a ward whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling the wards assets or removing the wards assets beyond the limits of this state.
29-5-140. (a) A person who is indebted to or has possession of tangible or intangible property of a ward may pay the debt or deliver the property to a foreign conservator of the ward.

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Payment of the debt or delivery of the property may be made upon proof of appointment and proof that the foreign conservator has been appointed and is entitled to debt payment or to receive delivery of the property. (b) Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge of proceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.
CHAPTER 6
29-6-1. The judges of the probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $2,500.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifying order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue of the judges office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge.
29-6-2. The judge of the probate court is authorized, in the judges discretion, to employ counsel to bring an action to recover any amount due to a minor or adult described in Code Section 29-6-1, in the minors or adults name or in the name of the judge as custodian, in any court having jurisdiction thereof. The judge of the probate court shall have authority to pay to counsel a reasonable fee out of the funds collected for counsels services in the proceeding which were necessary to enforce the right of the minor or adult.
29-6-3. It shall be the duty of the judge of the probate court to keep a properly indexed complete record of all money received by the judge for minors or adults by virtue of the judges services under Code Section 29-6-1. The record shall show from what source the funds were derived and to whom and for what the money was paid. The record shall be open for inspection by the public.
29-6-4. The judge of the probate court who, pursuant to Code Section 29-6-1, receives funds due and owing a minor or adult is authorized and directed to pay from the funds so

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received whatever amount the judge may think necessary for the support, care, education, health, and welfare of the minor or adult, as well as the funeral and burial expenses of the minor or adult, in case of the individuals death, as in the judges opinion may be proper and right. The expenditures made by the judge shall be final and no liability shall attach to the judge or the judges bond by reason of the expenditures when made in good faith.
29-6-5. In appropriate cases, the judge of the probate court who holds property or funds pursuant to this chapter may order that a conservatorship be established in accordance with the provisions of Chapter 3 or 5 of this title and shall distribute any or all of such property or funds to the conservator.
29-6-6. When any funds due and owing a minor or adult come into the hands of the judge of the probate court and the funds are not needed for the support, care, education, health, and welfare of the minor or adult, it shall be the duty of the judge to place the funds in an account insured by the Federal Deposit Insurance Corporation in the name of the judge as custodian for the minor or adult. There shall be no further liability against the judge or the judges bond when the deposit is made in good faith.
29-6-7. The judges of the probate courts shall receive as compensation for their services under Code Section 29-6-1 the fee specified in subsection (j) of Code Section 15-9-60.
29-6-8. Judges of the probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section 29-6-1 as custodians and for the proper distribution of funds coming into their hands as such custodians. It is the judges responsibility to increase his or her official bond if necessary.
29-6-9. The judge shall turn over all custodial property held pursuant to this chapter to:
(1) A conservator if the custodial funds exceed $2,500.00; (2) A minor upon reaching the age of majority; (3) A former incapacitated adult upon restoration to capacity; (4) The personal representative of the a deceased minor or incapacitated adult; or (5) The Department of Revenue four years after the death of a minor or incapacitated adult if no proceedings are commenced on that individuals estate or four years after the date a minor who cannot be located would have reached the age of majority.

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CHAPTER 7
29-7-1. As used in this chapter, the term:
(1) 'Benefits' means all moneys paid or payable by the United States through the United States Department of Veterans Affairs. (2) 'Department' means the United States Department of Veterans Affairs, its predecessors, or its successors. (3) 'Estate' means income on hand and assets acquired partially or wholly with income. (4) 'Income' means moneys received from the United States Department of Veterans Affairs and revenue or profit from any property wholly or partially acquired therewith. (5) 'Person' means an individual, a partnership, a corporation, or an association. (6) 'Secretary' means the secretary of veterans affairs of the United States Department of Veterans Affairs or the secretarys successor. (7) 'VA guardian' means a person appointed pursuant to the provisions of this chapter. (8) 'Ward' means a beneficiary of the United States Department of Veterans Affairs.
29-7-2. (a) The secretary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to a VA guardianship pursuant to this chapter shall be given by certified mail or statutory overnight delivery to the office of the department having jurisdiction over the area in which the ward resides. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than 15 days before the date of a hearing or other proceedings, unless otherwise provided in this chapter. (b) In any proceeding involving a guardianship or conservatorship established pursuant to any other chapter of this title, the office of the department having jurisdiction over the area in which the ward resides may, by giving written notice to the court having jurisdiction over such proceedings and to the guardian or conservator or proposed guardian or conservator, become a party in interest as to the guardianship or conservatorship or proposed guardianship or conservatorship and shall thereafter be entitled to notice as if a guardianship or conservatorship was originally established under this chapter. (c) The court shall mail to the department office a copy of each order entered in any VA guardianship or other guardianship or conservatorship proceeding wherein the secretary is an interested party.

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29-7-3. Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter.
29-7-4. Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretarys duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment of a VA guardian is a condition precedent to the payment of any moneys due such ward by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian. The courts are authorized to appoint a VA guardian for an incompetent ward entitled to any benefits which may be payable to a ward by the department.
29-7-5. Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretarys authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian.
29-7-6. Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives of the proposed ward by certified mail or statutory overnight delivery by the court. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. If no adult relative can be located, the court shall give notice of the petition in the newspaper in which legal advertisements of the county in which the ward resides are published once a week for two weeks. After notice has been given or published, the letters of guardianship may, in the discretion of the court, be granted to the petitioner or to some other suitable person. If all parties entitled to notice waive further notice and consent to the notice instanter, the court may, in its discretion, grant letters of guardianship instanter to the petitioner.
29-7-7. (a) A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretarys representative. (b) The petition shall set forth:

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(1) The name, age, and place of residence of the ward; (2) The names and places of residence of the nearest two adult relatives, if known; (3) The fact that the ward is entitled to receive moneys payable by or through the department; (4) The amount of money then due and the amount of probable future payments; (5) The name and address of the person or institution, if any, having actual custody of the ward; (6) In the case of a mentally incompetent ward, that the ward has been rated incompetent on examination by the department in accordance with the laws and regulations governing the department; and (7) The name and address of the person or institution sought to be appointed as VA guardian of the ward and the relationship, if any, of the proposed VA guardian to the ward. (c) Preferences for appointment of a VA guardian shall be as provided in Code Section 29-5-3.
29-7-8. Before making an appointment under this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the department shall be prima-facie evidence of the persons fitness. A qualified individual shall ordinarily be preferred for appointment as VA guardian, but the court may, in the courts discretion, appoint any qualified person as VA guardian.
29-7-9. (a) The following persons and entities may serve as VA guardians subject to the restrictions listed:
(1) An individual deemed fit and proper by the court may be a VA guardian of that individuals children, parents, and grandparents without limitation; (2) A bank or trust company doing business in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; (3) A person appointed while serving as county guardian in any county in this state may serve as a VA guardian under this chapter for an unlimited number of beneficiaries; or (4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that persons petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition. (b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge of that VA guardian, the court upon proof substantiating the petition shall:

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(1) Require a final accounting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance of this Code section; (2) Require final settlements of accounts immediately on the VA guardianships described in paragraph (1) of this subsection; and (3) Discharge the VA guardian in cases as the court deems proper.
29-7-10. (a) A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department. (b) Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amount not less than the sum of the value of the estate, other than real property, at the time of the last accounting and funds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the form required for bonds of guardians or conservators appointed under the general guardianship or conservatorship laws and shall be conditioned as are such bonds. After each annual accounting, the court shall review the amount of the bond and shall order such increase or decrease as shall be warranted by the accounting. No reduction in the bond amount shall affect the liability of the surety for past waste or misconduct of the VA guardian. (c) A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions of law for discharge of a surety applicable to other bonds.
29-7-11. Every VA guardian shall invest the surplus funds of the wards estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States or in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest surplus funds shall be furnished the proper area office of the department, and notice of hearing on the petition shall be given said office in the case of a VA guardians account.
29-7-12. (a) A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the wards spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hearing, notice of which has been given by certified mail or statutory overnight delivery to the department not less than 30 days prior to a hearing on the petition, unless the department consents in writing to the petition, in which case no hearing need be had.

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(b) No VA guardian shall name himself or herself as beneficiary of any insurance policy which insures the life of the ward. As to any insurance policy that is purchased after establishment of the VA guardianship where premiums are or have been paid from benefits, the VA guardian shall ensure that the beneficiary named is the estate of the ward. (c) All property of a ward having a VA guardian which is purchased with benefits shall be titled in the name of the current VA guardian or any successor VA guardian for (name of ward), a beneficiary of the department, further indicating the fact of VA guardianship and the name of the beneficiary on any documents of title. Any such assets which should be prudently insured shall be insured with a policy of insurance denominated in the same manner.
29-7-13. Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA guardians hands at the date of the accounting and how it is invested. The VA guardian shall list in each accounting all the investments of the wards funds, showing the amount of each investment, the date made, the interest rate, the date of maturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of accounting filed with the court shall be sent by the court within ten days after the accounting is filed to the office of the department having jurisdiction over the area in which the court is located. Each accounting shall include a computation of commissions allowed and taken during the period covered by the accounting. No accounting shall be allowed or admitted to record for a period of 60 days following the date of filing the accounting.
29-7-14. If any VA guardian fails to file the accounting required by Code Section 29-7-13, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guardian of the failure by certified mail or statutory overnight delivery. Thereafter, on motion of any interested party, including the surety, or on its own motion, the court may enter an order removing the VA guardian without further notice or hearing. Every VA guardian who fails or refuses to file the accounting by the due date shall receive no commission or compensation for any service during that year unless by special order of the court the VA guardian is exonerated from all fault.
29-7-15. (a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardians hands during any months while the VA guardian serves. If the ward receives less than $350.00 per month, the minimum fee shall be $35.00 per month.

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(b) In the event the wards monthly service connected disability compensation payment from the department is discontinued or suspended, the VA guardian, subject to court approval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by the VA guardian from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed. (c) In the event that extraordinary services are rendered by the VA guardian, the court, upon petition and after hearing thereon, may authorize additional compensation payable from the estate of the ward. Notice of the petition and hearing shall be given by certified mail or statutory overnight delivery to the department office having jurisdiction over the area in which the ward resides not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a previous VA guardian. (d) A VA guardian shall be allowed to pay from the wards estate reasonable premiums for any corporate surety on the VA guardians bond.
29-7-16. (a) A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court. (b) A county guardian who ceases to serve as county guardian continues to serve as a VA guardian at the pleasure of the court for which the VA guardian formerly served as county guardian. The court may at any time require the VA guardians final accounting and discharge as to any or all VA guardianships which the VA guardian accepted as county guardian, whereupon the court shall appoint as successor VA guardian the new county guardian or other person as shall be requested by the department. A former county guardian may file a petition with the court, a copy of which shall be served by certified mail or statutory overnight delivery upon the area office of the department, together with the VA guardians final accounting, as to any or all VA guardianships; whereupon the court shall appoint as the VA guardians successor the new county guardian or other person as shall be designated by the department.
29-7-17. Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter.
29-7-18. This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department.

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CHAPTER 8
29-8-1. County administrators as provided for in Article 5 of Chapter 6 of Title 53 of the Revised Probate Code of 1998 are ex officio county guardians and shall serve as guardians or conservators in all cases where appointed by the court.
29-8-2. In addition to the bond required in Code Section 53-6-41 of the Revised Probate Code of 1998, county guardians shall give another bond with good security, to be judged by the court, in the sum of $5,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the county guardians duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county guardian, as provided by law for actions on the bonds of other guardians.
29-8-3. The court shall grant to the county guardian separate letters of guardianship or conservatorship upon each appointment. The county guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians or conservators and shall be governed by the law provided for other guardians or conservators.
29-8-4. (a) If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county guardian for the county guardian to give additional security on the bond or to give additional bond with security, the court shall have the authority to fix the amount of the bond and shall cite the county guardian to appear and show cause, if any, why the additional bond or additional security should not be given. (b) If upon the hearing the county guardian fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the county guardian to give additional security on or before a certain date, which date shall be within 30 days of the date of the order. (c) Should the county guardian fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the county guardian and to appoint another county guardian for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.

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29-8-5. The court may, for good cause shown, as provided in Code Section 29-5-14, revoke the letters of guardianship or conservatorship of the county guardian, require additional security on the county guardians bond, or issue any other order as is expedient and necessary for the good of any particular conservatorship in the hands of the county guardian.
CHAPTER 9
29-9-1. Except as otherwise specifically provided by law, the provisions of this chapter shall apply to any proceeding in the court that arises under this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the court arising under this title except as otherwise provided in Chapter 11 of Title 9 and Chapter 9 of Title 15.
29-9-2. (a) The court in its discretion may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement that individual be served by personal service and the guardian ad litem may not waive personal service for that individual. (b) Except as provided in subsection (a) of this Code section, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of that person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a person who is not sui juris. Service upon or notice to a guardian ad litem shall constitute service upon or notice to that person who is not sui juris and no additional service upon or notice to that person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class of persons with common or nonadverse interests. (c) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem. (d) In every petition filed in the court, the petitioner shall identify each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or the petition shall allege such facts as shall

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show the authority of such conservator or guardian to act; provided, however, that the court may take judicial notice of the issuance of the letters or of the authority.
29-9-3. A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.
29-9-4. (a) Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of service shall be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any commissioned officer who shall file with the court a certificate stating that copies of the petition and citation were served in person. (d) Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17. (e) When personal service is required by this Code section, unless otherwise directed by the court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.
29-9-5. (a) Except as otherwise provided by law or directed by the probate judge pursuant to Code Section 29-9-6, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unknown. (b) Unless all persons have known current residence addresses, the court shall order service to be perfected by publication of the citation in the newspaper in which the sheriffs advertisements are published in the county in which the petition is filed. The citation shall be published once a week for four weeks prior to the date on which

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objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served. (c) If the current residence address of a person is known, service shall be made by mailing by first-class mail a copy of the petition and the citation. (d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of a known person whose current residence address is unknown, that persons name shall appear in the records of the court, and the records shall show service by publication as to that person in compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.
29-9-6. If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that appears in the court records and it appears to the court that further attempts are likely to be futile, then service shall be sufficient upon the conservator or guardian if the citation is mailed by first-class mail to the last known address of the conservator or guardian.
29-9-7. The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard.
29-9-8. (a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment of service shall be in writing, signed by the person to be served or some person competent to do so, shall be sworn before the court or a notary public, and shall be filed with the court. (b) The written consent of a party to the granting of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of facts set forth in the petition as true and correct, and consent to the granting of the relief or the order sought. (c) A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.

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29-9-9. An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affidavit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths.
29-9-10. The director of the county department of family and children services or a duly appointed delegate is authorized to take the oath of conservatorship or guardianship before the judge of the Probate Court of Fulton County or before the judge of the court making the appointment of conservatorship or guardianship.
29-9-11. (a) Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public. (b) Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guardian and an emergency guardian, may be consolidated into one petition and the filing and giving of notice of the petitions may occur simultaneously. (c) If the petition for the appointment of a guardian or a conservator of a minor or a proposed ward is originally filed in the county in which the minor or proposed ward is found, on motion of either party, if appropriate, the case may be transferred to the county of the minors or proposed wards domicile.
29-9-12. (a) For purposes of this Code section, the terms 'citation' and 'notice' shall have the same meaning unless the context otherwise requires. (b) Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court. The citation shall also state whether the hearing shall take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed, the petition may be granted without a hearing.
29-9-13. (a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed

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shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date of mailing or delivering; provided, however, that if a return receipt from any recipient is received by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks. (b) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings. (c) Except as otherwise provided by law, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the petition, the court shall, by first-class mail, send a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each of them in their pleadings. (d) Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service.
29-9-13. Whenever it is required that a document which is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 and such full faith and credit shall be given to the document as is provided in that Code section.
29-9-14. The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed.

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29-9-15. Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding, including any appeals.
29-9-16. For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. For the hearing under subsection (d) of Code Section 29-4-12 or subsection (d) of Code Section 29-5-12, the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 plus actual expenses.
29-9-17. At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate.
29-9-18. All of the records relating to any guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the ward and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the wards legal counsel and by the guardian or conservator and the guardian or conservators legal counsel at any time. A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days prior written notice of a hearing on the petition. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy of the person in interest."
SECTION 2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Chapter 9, relating to probate courts, by striking subsection (a) of Code Section 15-9-121, relating to jury trials in civil cases, and inserting in lieu thereof the following:
"(a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial within 30 days after the filing of the first pleading of the party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Section 29-5-6 Sections 29-4-10 and 29-5-10, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such party must make

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such request for a jury within ten days after the date of mailing of the notice provided for by paragraph (1) of subsection (d) (c) of Code Section 29-5-6 29-4-12 and subsection (c) of Code Section 29-5-12. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted."
SECTION 3. Said title is further amended in said chapter by striking Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, and inserting in lieu thereof the following:
"15-9-127. Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:
(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 94-5, and 9-4-6; (2) Tax motivated estate planning dispositions of wards property pursuant to Code Section 29-5-5.1 Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175; and (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27."
SECTION 4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions in the "Georgia RICO (Racketeer Influenced and Corrupt Organization) Act," by striking division (12)(B)(i) and inserting in lieu thereof the following:
"(i) Any person appointed or acting as a personal representative guardian or conservator under Title 29, relating to guardian and ward, or personal representative under Chapter 6 of Title 53 of the 'Pre-1998 Probate Code,' relating to the administration of estates, if applicable, or Chapter 6 of Title 53 of the 'Revised Probate Code of 1998' and other provisions in such revised probate code relating to the administration of estates; or".
SECTION 5. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in Code Section 24-9-47, relating to the disclosure of AIDS confidential information, by

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striking division (bb)(3)(C)(i) and inserting in lieu thereof the following: "(C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that persons attorney personally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Chapter 5 of Title 29 Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service."
SECTION 6. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended in Code Section 30-5-5, relating to providing protective services and the investigative reports associated with protective services, by striking subsection (e) and inserting in lieu thereof the following:
"(e) Protective services may not be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing in this chapter shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult or elder person pursuant to Chapter 5 Chapters 4 and 5 of Title 29."
SECTION 7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-39-2, relating to definitions concerning cardiopulmonary resuscitation, by striking subparagraph (C) of paragraph (3) and inserting in lieu thereof the following:
"(C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1 29-4-1;"
SECTION 8. Title 53 of the Official Code of Georgia Annotated, relating to wills, is amended by striking subsection (b) of Code Section 53-6-35 of the Revised Probate Code of 1998, relating to appointment of county administrators, and inserting in lieu thereof the following:
"(b) In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 3 8 of Title 29, relating to county guardians, as county administrators."

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SECTION 9. Said title is further amended by striking Code Section 53-6-42 of the Revised Probate Code of 1998, relating to the power of the court to revoke letters of administration and require additional security, and inserting in lieu thereof the following:
"53-6-42. The probate court may, for good cause shown, as provided in Code Sections 29-4-14, 29-4-15 29-3-82, 29-5-92, and 53-7-14, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator, require additional security on the county administrators bond, or pass such other order as is expedient and necessary for the good of any particular estate in the hands of any county administrator."
SECTION 10. Said title is further amended by striking subsection (b) Code Section 53-6-90 of the Pre1998 Probate Code, relating to the appointment of county administrator and assistant county administrators, and inserting in lieu thereof the following:
"(b) In all counties of this state the judge of the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 3 8 of Title 29, relating to county guardians, as the county administrators."
SECTION 11. Said title is further amended by striking Code Section 53-8-29 of the Pre-1998 Probate Code, relating to the sale of real property which is held pending arrival of beneficiaries at age of majority or subject to future contingency for payment of debts, and inserting in lieu thereof the following:
"53-8-29. In all respects other than as provided in Code Sections 53-8-27 and 53-8-28, all sales pursuant to Code Section 53-8-27 shall be made as provided in Code Sections 29-2-3 and 29-2-4 29-3-35 and 29-5-35, relating to sales for reinvestment by guardians. All such sales shall be approved and confirmed by the judge of the superior court by appropriate order, and the entire proceedings shall be recorded on the minutes of the superior court and properly indexed."
SECTION 12. Said title is further amended by striking subsection (a) of Code Section 53-8-34 of the Pre-1998 Probate Code, relating to the private sale of estate property, and inserting in lieu thereof the following:
"(a) The administrator or executor of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, to pay debts as well as for distribution. Except as otherwise provided, the method of private sale shall be in the same manner as that prescribed for the sale of property by

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guardians under Code Sections 29-2-3 and 29-2-4 29-3-35 and 29-5-35; provided, however, that the judge shall consider the petition and shall hear evidence thereon and, if the judge shall determine from a consideration of the evidence that the proposed transaction is fair and in the best interests of the estate, the judge shall, by appropriate order, permit the sale and direct the disposition of the proceeds of the sale."
SECTION 13. Said title is further amended by striking Code Section 53-9-14 of the Revised Probate Code of 1998, relating to the report of a conservator, and inserting in lieu thereof the following:
"53-9-14. The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support, and a recommendation as to how the estate should be distributed. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing persons property as are authorized by Code Section 29-5-5.1 Sections 29-3-36 and 29-5-36. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual."
SECTION 14. Said title is further amended by striking subsections (b) and (d) of Code Section 53-12173.1, relating to compensation from a business enterprise, and inserting in their respective places the following:
"(b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 292-42.1 Sections 29-3-52 and 29-5-52; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate." "(d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business

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enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 29-2-42.1 Sections 29-3-52 and 29-5-52."
SECTION 15. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is amended by striking the "or" at the end of paragraph (13.1) of subsection (a) and inserting a new paragraph to read as follows:
"(13.2) Records that are kept by the probate court pertaining to guardianships and conservatorships except as provided in Code Section 29-9-18; or".
SECTION 16. This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Burmeister of the 96th and Ehrhart of the 28th move to amend the Committee substitute to HB 229 as follows:
By inserting after "foreign guardians;" on line 6 of page 1 the following:
"to provide a presumption of joint custody of minors by their natural guardians in cases where parents are divorced;".
By striking line 24 of page 4 and inserting in lieu thereof the following:
"parents have joint legal custody, both parents are the natural guardians of that minor; and, for purposes of child custody proceedings under Chapter 9 of Title 19, joint custody of minor children under 14 years of age by such parents shall be rebuttably presumed to be in the best interest of the child, any provision of said chapter to the contrary notwithstanding.".

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

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Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague E Benfield N Birdsong N 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 Y Bunn Y Burkhalter Y Burmeister Y Butler N 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 N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell
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, C Y Jenkins, C.F Y Jones N Jordan E Joyce Y Keen N Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee
McCall N McClinton Y Millar Y Mills

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

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

On the adoption of the amendment, the ayes were 66, nays 107. The amendment was lost.

The following amendment was read:

Representatives Ehrhart of the 28th, Burmeister of the 96th and Manning of the 32nd move to amend the Committee substitute to HB 229 as follows:
By inserting before "amend" on line 1 of page 1 the following:

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"amend Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties in civil actions, so as to provide that a guardian ad litem shall have a qualified immunity against any civil liability arising out of performance of his or her duties as guardian ad litem; to provide for consideration of such qualified immunity in determining whether to grant attorneys fees and expenses of litigation for a frivolous claim; to provide for related matters; to".
By inserting after line 26 on page 1 the following:
"SECTION .1. Code Section 9-11-17 of the Official Code of Georgia Annotated, relating to parties in civil actions, is amended by adding at its end a new subsection (d) to read as follows:
'(d) Qualified immunity of guardian ad litem. When a guardian ad litem is appointed under this Code section or any other law of this state, the guardian ad litem shall have a qualified immunity against any civil liability arising out of performance of his or her duties as guardian ad litem. The guardian ad litem may be civilly liable for willful or wanton misconduct, gross neglect of his or her duties, or gross abuse of discretion but shall not otherwise be civilly liable for the performance of his or her duties. In the application of Code Section 9-15-14 to any unsuccessful claim asserted against a guardian ad litem arising out of the performance of his or her duties as such, the court shall consider the qualified immunity granted by this subsection in determining whether attorneys fees and expenses of litigation should be awarded to the guardian ad litem.'"

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

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

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

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, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen N Knox N Lane Y Lewis

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 Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston
Randall

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

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

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

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

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

On the adoption of the amendment, the ayes were 66, nays 104. The amendment was lost.

Representative Smith of the 76th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representative Franklin of the 17th moves to amend the Committee substitute to HB 229 by striking line 23 of page 16 and inserting in lieu thereof the following:
"(3) Have his or her property utilized as necessary for his or her support, care,".

The following amendment was read:

Representative Franklin of the 17th moves to amend the Committee substitute to HB 229 by striking lines 31 and 32 of page 2 and inserting in lieu thereof the following:
"(11) 'Minor' means a person of an age between the moment of his or her conception and his or her 18th birthday and who is not emancipated."

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

THURSDAY, FEBRUARY 5, 2004

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague E 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 N Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N 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 N Floyd, H
Floyd, J N Fludd Y Forster Y Franklin N Gardner N 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 N 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 Y Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen N Knox N Lane Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis
Morris N Mosby Y Mosley N 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 N Purcell Y Ralston N Randall N Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon

639
N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N 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 N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 67, nays 106. The amendment was lost.

The following amendment was read and adopted:

Representatives Oliver of the 56th, Post 2 and Bordeaux of the 125th move to amend the Committee substitute to HB 229 by striking lines 19 and 20 of page 1 and inserting in lieu thereof the following:

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"ward; to amend Titles 15, 16, 22, 24, 30, 31, 32, and 53 of the Official Code of Georgia Annotated, relating to courts; crimes and offenses; eminent domain; evidence; handicapped persons; health; highways, bridges, and ferries; and wills,".
By inserting between lines 2 and 3 of page 169 the following:
"Chapter 9, relating to probate courts, by striking subsection (e) of Code Section 15-986.1, relating to statements in lieu of stating time of hearing in certain types of proceedings, and inserting in lieu thereof the following:
'(e) The proceedings to which this Code section shall apply are: (1) Proceedings for sale, lease, exchange, or encumbrance of a wards property, as provided in Code Section 29-2-4 or 29-2-7 29-3-35 or 29-5-35; (2) Proceedings for citation of a guardian conservator for failure to make returns, as provided in Code Section 29-2-44 29-3-60 or 29-5-60; (3) Proceedings involving waste or mismanagement by the revocation or suspension of letters or the imposition of sanctions on a guardian or conservator, as provided in Code Section 29-2-45 29-2-42, 29-3-82, 29-4-52, or 29-5-92; (4) Proceedings for discharge of a surety on a guardians conservators bond, as provided in Code Section 29-2-52 29-3-49 or 29-5-49; (5) Proceedings for resignation of trust by a guardian or conservator, as provided in Code Section 29-2-72 29-2-40, 29-3-80, 29-4-50, or 29-5-90; (6) Proceedings for resignation by a guardian whose ward has removed to a different county, as provided in Code Section 29-2-73; (7)(6) Proceedings for settlement of accounts of a guardian conservator, as provided in Code Section 29-2-76 29-3-71 or 29-5-81; (8)(7) Proceedings for appointment of a guardian or conservator of a minor, as provided in Code Section 29-4-10 Sections 29-2-14 through 29-2-18 or Code Sections 29-3-6 through 29-3-10; (9)(8) Proceedings for requiring a guardian conservator to give additional bond, as provided in Code Section 29-4-14 29-3-43 or 29-5-42; (10)(9) Proceedings for appointment of a guardian for a beneficiary of the United States Department of Veterans Affairs, as provided in Code Section 29-6-5 29-7-7 or 29-7-8; (11)(10) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq. of the "Pre-1998 Probate Code"; and (12)(11) Proceedings for setting aside years support, as provided in Code Section 53-5-8 of the "Pre-1998 Probate Code."'
SECTION 2.1. Said title is further amended in".
By inserting between lines 11 and 12 of page 170 the following:

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641

"SECTION 4.1. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended by striking subsections (a) and (b) of Code Section 22-2-21, relating to direction of notice where owner is a minor or under disability and the appointment of a guardian ad litem, and inserting in lieu thereof the following:
'(a) If the owner of the property or of any interest therein is a minor or under any disability whatsoever, notice of condemnation shall be served upon his personal representative or her guardian. (b) If there is no personal representative guardian, notice shall be served personally on the minor and on the judge of the probate court of the county where the property or interest is located. The judge shall thereupon appoint a guardian ad litem to represent the minor in the litigation.'
SECTION 4.2. Said title is further amended by striking Code Section 22-2-23, relating to direction of notice where owner or personal representative is a nonresident, and inserting in lieu thereof the following:
'22-2-23. If the owner of the property or of any interest therein or the personal representative guardian of any owner resides out of the state, notice shall be served on the person in possession of the property or interest. Notice shall also be served on the nonresident owner or owners or the nonresident personal representative guardian as provided in Code Section 32-3-9. If the address of the owner or owners or of the personal representative guardian is not known, the judge of the probate court of the county where the property or interest is located shall act for such nonresident owners in the manner provided for unrepresented minors in Code Section 22-2-21.'
SECTION 4.3. Said title is further amended by striking subsection (e) of Code Section 22-2-107 relating to service of process, award by special master, and judgment of court conclusive as to right of condemnor to take or damage property or interest, and inserting in lieu thereof the following:
'(e) If any of the persons entitled to service under this Code section are minors, or insane persons, or persons otherwise laboring under disabilities, the guardian or other personal representative of such persons shall be served. If the guardian or personal representative resides outside of the county or is a nonresident, he or she shall be served as provided in subsections (c) and (d) of this Code section. If such minor or other person laboring under disabilities has no guardian or personal representative, service shall be perfected by serving the disabled person personally or, in the event the disabled person lives outside of the county or is a nonresident, by serving the disabled person by the method provided in subsections (c) and (d) of this Code section for other persons who live outside of the county or are nonresidents, and by serving the judge of the probate court of the county wherein such property or interest is located, who shall stand

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in the place of and protect the rights of the disabled person or appoint a guardian ad litem for such person.'"
By inserting between lines 8 and 9 of page 171 the following:
"SECTION 7.1. Title 32 of the Official Code of Georgia Annotated relating to highways, bridges, and ferries, is amended by striking subsection (b) of Code Section 32-3-8, relating to service of process in condemnation proceedings generally, and inserting in lieu thereof the following:
'(b) If the owner, or any of the owners, or any person having a claim against or interest in the property is a minor or under any disability whatsoever, such notice shall be served:
(1) Upon his personal representative or her guardian; and, if such personal representative guardian is a nonresident of this state, upon the judge of the probate court of the county in which the property or interest is located, who shall appoint a guardian ad litem to represent such minors or persons under disability in the litigation, provided that, if the nonresident personal representative guardian intervenes, he or she shall serve in lieu of the guardian ad litem; or (2) If there is no personal representative guardian, personally upon the minor, where such minor is a resident of this state. If such minor is not a resident of the county where the property or interest is located, service shall be by second original, as is provided by law in other cases, and upon the judge of the probate court of the county where the property or interest is located, who shall appoint a guardian ad litem to represent the minor in the litigation.'"
By inserting between lines 3 and 4 of page 172, the following:
"SECTION 10.1. Said title is further amended by striking Code Section 53-6-98 of the Pre-1998 Probate Code, relating to revocations of letters of administration, requirement of additional bond, or other order, and inserting in lieu thereof the following:
'53-6-98. The judge of the probate court may, for good cause shown, as provided in Code Sections 29-4-14, 29-4-15 29-3-82, 29-5-92, and 53-7-38, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator, require additional security on his or her bond, or pass such other order as in his or her judgment is expedient and necessary for the good of any particular estate in the hands of any county administrator.'"

The Committee substitute, as amended, was adopted.

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643

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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter
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
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
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 170, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolutions of the House were read and adopted:

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HR 1171. By Representatives Parrish of the 102nd, Barnard of the 121st, Post 1, DeLoach of the 127th, Morris of the 120th and Oliver of the 121st, Post 2:
A RESOLUTION commending Dr. Michael Guido and his more than 46 years in broadcasting; and for other purposes.

HR 1179. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and Thomas Morgan of the 33rd, Post 2:
A RESOLUTION commending and congratulating Georgia State Bank as the City of Acworth's "Business of the Year"; and for other purposes.

HR 1180. By Representatives Porter of the 119th, Coleman of the 118th, Smyre of the 111th, Buck of the 112th, Skipper of the 116th and others:
A RESOLUTION recognizing and commending Mr. Richard R. "Dick" Pettys; and for other purposes.

HR 1181. By Representative Howell of the 92nd:
A RESOLUTION commending Mr. Raymond Head, Jr., and recognizing February 7, 2004, as "Raymond Head, Jr., Day" in the City of Griffin; and for other purposes.

HR 1182. By Representative Franklin of the 17th:
A RESOLUTION commending the State University of West Georgia Cheerleading Teams; and for other purposes.

HR 1183. By Representative Cummings of the 19th:
A RESOLUTION honoring the community of Cedartown and recognizing its historic 150th anniversary; and for other purposes.

THURSDAY, FEBRUARY 5, 2004

645

HR 1184. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th, Murphy of the 97th and others:
A RESOLUTION proclaiming February 24, 2004, as "GHSGT Awareness Day in Savannah, Georgia"; and for other purposes.

HR 1185. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2, Porter of the 119th, Coleman of the 118th and Smyre of the 111th:
A RESOLUTION recognizing and commending The Cairo Messenger on the occasion of its 100th birthday and second century of publication and five generations of Wind family ownership; and for other purposes.

HR 1186. By Representatives Hanner of the 133rd and Rynders of the 137th:
A RESOLUTION commending Robert Stephen "Bob" Boney of Leesburg; and for other purposes.

The following communication was received:

House of Representatives Atlanta

February 2, 2004

Mrs. Robyn Underwood 434 State Capitol Atlanta, Georgia 30334
Dear Robyn:
Effective this date, I am appointing Representative Earl Ehrhart to the Intragovernmental Coordination committee as his fourth committee.
Sincerely,

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/s/ Terry Coleman Speaker
TLC/gm
cc: Representative Earl Ehrhart Mr. Robbie Rivers, Clerk of the House Mr. Sewell Brumby, Legislative Counsel Mr. Matt Caseman, House Information Ms. Erica Kelley, House Research

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

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647

Representative Hall, Atlanta, Georgia Friday, February 6, 2004

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. Richard Walker, Senior Pastor, Macland Baptist Church, Powder Springs, Georgia.

The members pledged allegiance to the flag.

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

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

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

HB 1371. By Representatives Greene of the 134th, Sholar of the 141st, Post 1 and Buckner of the 109th:
A BILL to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change certain provisions relating to terms and conditions of probation; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1372. By Representatives Wix of the 33rd, Post 1, Snow of the 1st, Skipper of the 116th, Royal of the 140th and Parham of the 94th:
A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of judges of the probate court, so as to increase the minimum salary for judges of the probate court who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1373. By Representatives Greene of the 134th, Hanner of the 133rd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the term of court in Clay, Miller, and Randolph counties in the Pataula Circuit; and for other purposes.

Referred to the Committee on Judiciary.

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649

HB 1374. By Representatives Ashe of the 42nd, Post 2, Richardson of the 26th, Royal of the 140th, Gardner of the 42nd, Post 3, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to teleworking; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1375. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Williams of the 61st, Post 2 and others:
A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; and for other purposes.

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

HB 1376. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th, Watson of the 60th, Post 2, Stephens of the 123rd, Hudson of the 95th and others:
A BILL to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to change the capital expenditure thresholds for health care facilities; to change certain definitions; to define diagnostic and other imaging services as diagnostic, rehabilitation, and treatment centers; to delete an exception for ambulatory surgery in a physician's office; to require indigent and charity care services in such diagnostic, treatment, and rehabilitation centers; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1377. By Representative Mills of the 67th, Post 2:

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A BILL to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates promoting organ and tissue donation organizations; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1378. By Representatives Howard of the 98th, Murphy of the 97th, Warren of the 99th and Anderson of the 100th:
A BILL to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that if a writ of possession is issued against a tenant and the tenant does not appeal or remove the tenant's personal property within a certain period of time, then such personal property shall be deemed abandoned and become the landlord's property; and for other purposes.

Referred to the Committee on Judiciary.

HB 1379. By Representatives Dodson of the 84th, Post 1, Jamieson of the 22nd and Rogers of the 15th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide title protection to specific titles within the profession of industrial hygiene; to prohibit certain persons from representing themselves to the public as certified industrial hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupational health and safety technologists; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1380. By Representative Mobley of the 58th:
A BILL to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide for findings and a statement of purpose;

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651

to provide for definitions; to prohibit the manufacture, possession, purchase, sale, or transfer of assault weapons and assault weapon conversion kits; to prohibit the possession of certain weapons under certain circumstances; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1381. By Representatives Harrell of the 54th and Howard of the 98th:
A BILL to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of residents in long-term care facilities, so as to change the definition of abuse to include physical, psychological, or emotional injury; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2:
A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1383. By Representatives Powell of the 23rd, Reece of the 21st, O`Neal of the 117th, Buck of the 112th, Roberts of the 135th and others:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates commemorating the Georgia Association of Realtors; and for other purposes.

Referred to the Committee on Motor Vehicles.

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HB 1384. By Representatives Sinkfield of the 50th, Jamieson of the 22nd, Manning of the 32nd, Marin of the 66th, Thomas of the 43rd, Post 1 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income exclusions and tax credits with respect to individual development accounts; to provide for procedures, conditions, and limitations; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for the comprehensive regulation of individual development accounts and programs; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1385. By Representatives Fludd of the 48th, Post 4, Sailor of the 61st, Post 1, Ehrhart of the 28th, Sinkfield of the 50th and Stoner of the 34th, Post 1:
A BILL to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide for authorization of mortgage loan officers; to provide for a definition; to provide for an exemption; to provide for department regulations relating to education and experience requirements for loan officers; and for other purposes.

Referred to the Committee on Banks & Banking.

HB 1386. By Representatives McClinton of the 59th, Post 1, Royal of the 140th, Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1, Greene-Johnson of the 60th, Post 3 and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain symphony halls; and for other purposes.

2/5/2004

FRIDAY, FEBRUARY 6, 2004

653

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1386. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McClinton District 59, Post 1

Referred to the Committee on Ways & Means.

HB 1387. By Representatives Heard of the 70th, Post 3, Crawford of the 91st, Sheldon of the 71st, Post 2, Marin of the 66th and Floyd of the 69th, Post 2:
A BILL to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for appeals from awards of attorney's fees or expenses of litigation; to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court and litigation costs in civil actions, so as to provide for attorney's fees and expenses of litigation to the prevailing party in civil cases; to amend Chapter 6 of Title 13 of the Official Code of Georgia Annotated, relating to damages and costs generally, so as to allow attorney's fees and expenses of litigation in contract cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 1388. By Representatives Heard of the 70th, Post 3, Jamieson of the 22nd, Casas of the 68th, Marin of the 66th, Floyd of the 69th, Post 2 and others:
A BILL to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to change provisions relating to discipline policies for students determined to have brought a weapon to school; to delete a provision authorizing local boards of education to modify discipline policies for such students on a case-by-case basis; to require the filing of a petition in juvenile court alleging that such a student is delinquent; and for other purposes.

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Referred to the Committee on Education.

HB 1389. By Representatives Greene-Johnson of the 60th, Post 3, Thompson of the 69th, Post 1, Stokes of the 72nd, Thomas of the 43rd, Post 1, Hugley of the 113th and others:
A BILL to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving theft, so as to define and provide punishment for certain crimes relating to repairs or improvements to real property; to require written contracts for certain contracts for repairs or improvements; to define the crime of accepting or attempting to enforce collection without a written contract; to define the crime of willfully failing to complete a contract for repairs or improvements; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1390. By Representatives Birdsong of the 104th, Warren of the 99th, Elrod of the 25th, Heath of the 18th, Roberts of the 135th and others:
A BILL to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans' homes; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2:
A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1392. By Representatives Snow of the 1st, Stokes of the 72nd and Skipper of the 116th:
A BILL to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for a technology fee to be collected in certain judicial circuits; to provide for the uses of said technology fee; to provide for technology boards in each judicial circuit having a population of 150,000 or more; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1393. By Representatives Mobley of the 58th, Dean of the 49th, Stephenson of the 60th, Post 1 and Mangham of the 62nd:
A BILL to amend Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to executions and judicial sales, so as to prohibit the sale of tax executions; to make it unlawful to sell such tax executions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th:
A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes.

Referred to the Committee on Governmental Affairs.

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HB 1395. By Representative Mobley of the 58th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to require the recording of a defendant's custodial statement under certain circumstances; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for general guidelines relating to the admissibility of a defendant's statement and exceptions thereto; to provide regulations for preserving a defendant's statement; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for training in recording a defendant's custodial statement; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1396. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Skipper of the 116th, Jackson of the 124th, Post 1 and others:
A BILL to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide that hospitals shall be insulated from liability for the acts of emergency room physicians who are independent contractors providing emergency health care services in a hospital emergency room; to provide for definitions; to provide for notice requirements regarding independent contractor physicians to the public; to provide for liability insurance coverage requirements for independent contractor physicians; and for other purposes.

Referred to the Committee on Judiciary.

HB 1397. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Skipper of the 116th, Jackson of the 124th, Post 1 and others:
A BILL to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to admissibility of expert opinions, so as to provide a definition; to provide for the admission into evidence of the opinions of expert witnesses under certain circumstances; to provide for the qualification of expert witnesses in certain cases; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1398. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Jackson of the 124th, Post 1, Campbell of the 39th and others:
A BILL to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to opinions of experts, so as to provide for standards in admitting expert testimony in professional malpractice actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1399. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Skipper of the 116th, Campbell of the 39th and others:
A BILL to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, and Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to change certain provisions relating to medical malpractice civil actions; to create provisions regarding expert opinions in medical malpractice civil actions; to change provisions relating to opinions of experts; and for other purposes.

Referred to the Committee on Judiciary.

HB 1400. By Representatives Powell of the 23rd, Bordeaux of the 125th, Porter of the 119th, Parrish of the 102nd, Skipper of the 116th and others:
A BILL to enact the "Frivolous Litigation Prevention Act"; to provide for legislative findings; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relating to signing of pleadings and other documents, representation to the court, and sanctions; to change provisions relating to failure to make discovery, sanctions, and expenses; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1401. By Representatives Parrish of the 102nd, Porter of the 119th, Bordeaux of the 125th, Mangham of the 62nd, Morris of the 120th and others:
A BILL to amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to the income tax credit for rural physicians, so as to provide for an additional credit with respect to medical malpractice insurance premiums for such physicians; to provide for procedures, conditions, and limitations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1402. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Skipper of the 116th, Campbell of the 39th and others:
A BILL to amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance and filing of rates, rating plans, and related organizations with regard to insurance, so as to require medical malpractice insurers to file rates, rating plans, rating systems, and underwriting rules; to provide for the effective date of such rates; to provide for the approval or disapproval of such rates, rating plans, rating systems, and underwriting rules by the Commissioner of Insurance; and for other purposes.

Referred to the Committee on Insurance.

HB 1403. By Representatives Bordeaux of the 125th, Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stokes of the 72nd and others:
A BILL to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rates, underwriting rules, and related organizations with regard to insurance, so as to prohibit the retention of excess loss reserves under certain circumstances; and for other purposes.

Referred to the Committee on Insurance.

HB 1404. By Representatives Channell of the 77th, Wix of the 33rd, Post 1, McClinton of the 59th, Post 1 and Parrish of the 102nd:

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A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1405. By Representatives Royal of the 140th, Buck of the 112th, Richardson of the 26th, Keen of the 146th, Heard of the 75th and others:
A BILL to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1187. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Congress to enact lifetime and retirement savings accounts; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1188. By Representatives Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3, Moraitakis of the 42nd, Post 4 and Teper of the 42nd, Post 1:

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A RESOLUTION creating the Atlanta-Fulton County Local Government Restructuring Study Commission; and for other purposes.

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

HR 1189. By Representative Mills of the 67th, Post 2:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting organ and tissue donation 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.

HR 1190. By Representative Royal of the 140th:
A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes.

2/5/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1190. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Royal District 140

Referred to the Committee on Transportation.

HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th:

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661

A RESOLUTION designating the Purple Heart Highway; and for other purposes.

2/5/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1191. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Smith District 110

Referred to the Committee on Transportation.

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

HB 1336 HB 1337 HB 1338 HB 1339 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348 HB 1349 HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356

HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364 HB 1365 HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HR 1131 HR 1151 HR 1169 HR 1170 SB 389 SB 428 SB 429

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

HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others:

A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes.

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

N Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes N Ehrhart
Elrod Y Epps N Fleming
Floyd, H Y Floyd, J Y Fludd N Forster N Franklin
Gardner Y Golick N Graves, D N 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
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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce N Keen N Knox Y Lane Y Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin Y Massey
Maxwell McBee Y McCall McClinton N Millar N Mills

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

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

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663

On the motion the ayes were 116, nays 29. The motion prevailed.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1125 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1027 Do Pass, by Substitute HB 1137 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

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Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1122 Do Pass HR 1130 Do Pass HR 1172 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1316 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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665

HB 138 Do Pass, by Substitute HB 834 Do Pass HB 1089 Do Pass

HB 1103 Do Pass HB 1170 Do Pass, by Substitute

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

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 6, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

HB 340 HB 618 HB 794

Motor vehicle for certain warden; repeal provisions Magistrates Retirement Fund; create Interstate cooperation; include Southern Legislative Conference

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

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

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

HB 1316. By Representatives Buck of the 112th, Buckner of the 109th, Hugley of the 113th, Smith of the 110th and Smyre of the 111th:

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A BILL to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 49. By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act 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, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes.
SB 253. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the

FRIDAY, FEBRUARY 6, 2004

667

optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 361. By Senators Tolleson of the 18th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th, Price of the 56th and others:
A BILL to be entitled an Act to be known as the "Regulatory Reform Act of 2003"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the O.C.G.A., relating to laws and statutes, so as to provide that the state and each county, municipality, consolidated government, school district, or political subdivision thereof shall be bound by each statute enacted by the General Assembly and by any rule or regulation adopted pursuant to such statute; to amend Code Section 31-6-21.1 of the O.C.G.A., relating to procedures for rulemaking by the Department of Community Health, so as to correct a cross-reference; to amend Chapter 13 of Title 50 of the O.C.G.A., known as the "Georgia Administrative Procedure Act"; to repeal conflicting laws; and for other purposes.
SB 438. By Senators Johnson of the 1st, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 32-2-20, relating to the composition and operations of the State Transportation Board, so as to provide that voting in caucuses to elect members of the State Transportation Board shall be by roll-call vote, show of hands, or some other open voting method; 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:

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HB 645. By Representatives Benfield of the 56th, Post 1, Ehrhart of the 28th, Graves of the 106th, Chambers of the 53rd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; and for other purposes.
The Senate has adopted the second report of the 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.

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

SB 49.

By Senators Price of the 56th, Moody of the 27th and Tanksley of the 32nd:
A BILL to be entitled an Act 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, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, districts, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to repeal conflicting laws; and for other purposes.

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

FRIDAY, FEBRUARY 6, 2004

669

SB 253. By Senators Hudgens of the 47th and Kemp of the 46th:
A BILL to be entitled an Act to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 337. By Senators Hamrick of the 30th and Williams of the 19th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; 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 361. By Senators Tolleson of the 18th, Cagle of the 49th, Mullis of the 53rd, Hamrick of the 30th, Price of the 56th and others:
A BILL to be entitled an Act to be known as the "Regulatory Reform Act of 2003"; to provide for a short title, findings, and a statement of purpose; to amend Chapter 3 of Title 1 of the O.C.G.A., relating to laws and statutes, so as to provide that the state and each county, municipality, consolidated government, school district, or political subdivision thereof shall be bound by each statute enacted by the General Assembly and by any rule or regulation adopted pursuant to such statute; to amend Code Section 31-6-21.1 of the O.C.G.A., relating to procedures for rulemaking by the Department of Community Health, so as to correct a cross-reference; to amend Chapter 13 of Title 50 of the O.C.G.A., known as the "Georgia Administrative Procedure Act"; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.

SB 438. By Senators Johnson of the 1st, Lee of the 29th, Shafer of the 48th, Smith of the 52nd and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 32-2-20, relating to the composition and operations of the State Transportation Board, so as to provide that voting in caucuses to elect members of the State Transportation Board shall be by roll-call vote, show of hands, or some other open voting method; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

Representative Keen of the 146th arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 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 Martin of the 37th 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 Buckner of the 109th arose to a point of personal privilege and addressed the House.

Representative Channell of the 77th arose to a point of personal privilege and addressed the House.

FRIDAY, FEBRUARY 6, 2004

671

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

HR 1192. By Representative Walker of the 115th:
A RESOLUTION recognizing and commending Amy Holloway and inviting her 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 1122. By Representatives Hines of the 35th, Coleman of the 65th, Jamieson of the 22nd and Rogers of the 20th:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill" and inviting the officers of PAGE to appear before the House of Representatives; and for other purposes.

HR 1130. By Representatives Walker of the 71st, Post 1, Sheldon of the 71st, Post 2, Douglas of the 73rd and Stokes of the 72nd:
A RESOLUTION commending the George Walton Academy football team and its coaches and inviting them to appear before the House of Representatives; and for other purposes.

HR 1172. By Representatives Gardner of the 42nd, Post 3, Stanley-Turner of the 43rd, Post 2, McBee of the 74th and Ashe of the 42nd, Post 2:
A RESOLUTION commending Christina Dixon as the winner of the 2003 Georgia Occupational Award of Leadership and inviting her to appear before the House of Representatives; and for other purposes.

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

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HB 340. By Representatives Greene of the 134th, Sholar of the 141st, Post 1, Reece of the 11th and Buckner of the 109th:
A BILL to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, so as to repeal certain provisions relating to a passenger motor vehicle for the warden of Georgia State Prison to be furnished by the Department of Public Safety; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 618. By Representatives Porter of the 119th, Orrock of the 51st, Randall of the 107th, Skipper of the 116th, Lucas of the 105th and others:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Magistrates Retirement Fund; to define certain terms; to create a board of commissioners; to provide for appointment and terms of members of the board; to provide for the office of secretary-treasurer of the board; to provide for additional employees; to provide for a salary and fund membership; to provide for powers and duties of the board; to provide that the state auditor shall make annual audits of the fund; to provide conditions for eligibility for membership; to provide for dues; to provide for an additional fee on civil actions and proceedings filed in magistrate courts to be paid to the fund; to provide conditions for eligibility to receive a retirement benefit; to provide for a retirement benefit; to provide for benefits for surviving spouses; to provide for a refund of dues; to provide for disability benefits; to provide for membership in other retirement plans; to provide for a reduction of benefits in the event of insufficient funds;

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673

to provide for an exemption from attachment and garnishment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following:
"CHAPTER 25 ARTICLE 1
47-25-1. As used in this chapter, the term:
(1) 'Average final monthly compensation' means the average monthly earnable compensation of any employee during his or her highest 24 months of creditable service. (2) 'Board' means the Board of Commissioners of the Magistrates Retirement Fund of Georgia. (3) 'Full-time chief magistrate' means a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (4) 'Fund' means the Magistrates Retirement Fund of Georgia. (5) 'Member' means a member of the Magistrates Retirement Fund of Georgia. (6) 'Secretary-treasurer' means the secretary-treasurer of the Board of Commissioners of the Magistrates Retirement Fund of Georgia.
ARTICLE 2
47-25-20. (a) There is created the Board of Commissioners of the Magistrates Retirement Fund of Georgia. The board shall consist of seven members as follows:
(1) The Governor or the Governors designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five full-time chief magistrates who are members of the fund. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 2004, for initial terms as follows: one such member shall be appointed for one year; two such members shall be appointed for terms of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until

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their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairperson from among its own membership to serve for a term as chairperson established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board appointed by the Governor, the remaining members of the board shall appoint a full-time chief magistrate who is a member of the fund to fill such vacancy for the unexpired term. (e) The Council of Magistrate Court Judges shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider such nominees in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by the Council of Magistrate Court Judges.
47-25-21. (a)(1) There is created the office of secretary-treasurer of the board. The secretarytreasurer shall be elected and appointed by the board and shall serve at the pleasure of the board. His or her compensation and duties may be fixed by the board. In addition to such salary, the secretary-treasurer shall receive credit for a sum of $1,250.00 per year as dues in the retirement system. (2) The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in carrying out duties provided in this chapter. The compensation and duties of any such personnel shall be fixed by the board.
(b) The secretary-treasurer shall be paid retirement benefits upon retiring as secretarytreasurer as provided in Article 5 of this chapter for a full-time chief magistrate retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article. (c) The board shall have authority to require the secretary-treasurer to give a good and sufficient surety bond in an amount to be determined by the board. The bond shall be payable to the board and shall be conditioned upon the proper and faithful performance of the duties of the secretary-treasurer. The secretary-treasurer shall be required to make quarterly reports to the board, which reports shall show all receipts and disbursements in such form and in such manner as the board may require. He or she shall likewise be required quarterly to make a full account of all moneys or property coming into his or her hands on behalf of the board at any time.
47-25-22. (a) The board is granted the following powers and duties:
(1) To provide for the collection of all moneys provided in this chapter;

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(2) To pay the administrative expenses of the board; (3) To hear and decide all applications for retirement benefits under this chapter; (4) To make payment of all retirement benefits that may be determined to be due under the terms of this chapter; (5) To make all necessary rules and regulations, not inconsistent with the laws of the state, for its government and for the government of the employees of the board; (6) To determine and fix rules of eligibility of persons to receive retirement benefits; (7) To make refunds and repayments to persons who may be entitled to receive them; and (8) To keep all records of its meetings. (b) The board shall also have all powers necessary for the purpose of administering this chapter. (c)(1) Subject to the terms and limitations of this subsection, the board is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon:
(A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (2) Any provision of paragraph (1) of this subsection to the contrary notwithstanding, no member who receives an annual cost-of-living benefit increase pursuant to subsection (b) of Code Section 47-25-81 shall receive a benefit increase under this subsection greater than 1 percent of the maximum monthly benefit then in effect; provided, however, that no such member shall receive any such increase unless the members not entitled to a benefit increase under subsection (b) of Code Section 4725-81 receive a like amount plus an additional increase of 2 percent of the maximum benefit then in effect; provided, further, that no benefit increase shall be awarded under this subsection greater than 1.5 percent in any six-month period.
47-25-23. (a) The board shall have control of all funds provided for in this chapter, and all funds shall be received and disbursed from a special account to the credit of the board. The expenses of administering this fund and the benefits provided for in this chapter shall be paid from such funds. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of

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this title, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as investment advisers and counselors, making recommendations for investments and making investments if the board so authorizes.
47-25-24. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest it for the use and purposes of the fund in accordance with this chapter.
47-25-25. The board shall keep permanent records of all persons who qualify to participate in the benefits of this chapter, an accurate record of all payments and disbursements, and a detailed record of all the acts and doings of the board.
47-25-26. The state auditor is authorized and directed to make an annual audit of the acts and doings of the board and to make a complete report of the same to the General Assembly in such detail as he or she may see fit. The state auditor shall also have the right to audit the affairs of the board and any of its employees at any time that he or she may see fit or at any time that he or she may be requested to do so by the board or by the Governor.
ARTICLE 3
47-25-40. Before any person shall be eligible to participate in the fund he or she must be serving as a duly qualified and commissioned full-time chief magistrate of a county of the State of Georgia or as the secretary-treasurer. Any qualified person who desires to participate in the fund shall make application to the board for membership in the fund on a form to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board. Such application shall be made not later than July 1, 2005, or within six months after becoming eligible for membership, whichever is later.
47-25-41. Each member shall pay into the fund as dues the sum of $105.00 per month. Each months dues shall be paid not later than the tenth day of that month.

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ARTICLE 4
47-25-60. (a) In addition to all other legal costs, the sum of $3.00 shall be charged and collected in each civil matter or proceeding filed in the magistrate courts. (b) The clerks of the magistrate courts shall collect the fees provided for in subsection (a) of this Code section, and the fees so collected shall be remitted to the board on a quarterly basis or at such time as the board may provide. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section, and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter.
ARTICLE 5
47-25-80. In order for a member to be eligible to receive retirement benefits under this chapter, he or she must have:
(1) Served as a regularly qualified and commissioned full-time chief magistrate or as the secretary-treasurer for at least eight years; (2) Fully complied with this chapter; (3) Terminated his or her official capacity as a full-time chief magistrate or as the secretary-treasurer; (4) Attained the age of 60 years; (5) Filed with the board his or her application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his or her official capacity as a full-time chief magistrate or as the secretary-treasurer, whichever may occur last in point of time; and (6) Had his or her application for retirement approved by the board.
47-25-81. (a) Any member who is approved for retirement benefits as provided in subsection (a) of Code Section 47-25-80 shall be paid a monthly sum equal to 4 percent of his or her average final monthly compensation for each year served by the member up to, but not exceeding, a total of 20 years. No time for which dues have not been paid in accordance with Code Section 47-25-41 shall be considered in determining the number of years of service. (b) Any other provision of law to the contrary notwithstanding, each member who is receiving a benefit shall receive an annual cost-of-living benefit increase equal to the benefit a member would otherwise be entitled to receive as calculated pursuant to subsection (a) of this Code section and any benefits previously received as authorized by this subsection multiplied by the percentage of any increase in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all

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items and major groups, United States city average, for the immediately preceding calendar year; provided, however, that such annual percentage increase in benefits shall not exceed 2 percent regardless of the percentage increase in the Consumer Price Index. In any year in which there is no percentage increase in such Consumer Price Index, no additional retirement benefits shall be paid under this subsection.
47-25-82. (a) As used in this Code section, the term 'surviving spouse' means the person who was married to a member on the date of the members death. (b) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouses benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such surviving spouse. (c) Upon the death of any member prior to retirement, the surviving spouse of such member may elect:
(1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouses benefits which shall be payable beginning:
(A) On the date of the members death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his or her sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he or she lived and ceased service as a full-time chief magistrate or the secretary-treasurer on the date of his or her death.
47-25-83. (a) Any member, after ceasing to serve as a full-time chief magistrate or as the secretary-treasurer and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund. (b) Although retirement pay shall be based on Code Section 47-25-81 and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all

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retirement benefits coming due under Code Section 47-25-81 have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased member. (c) Upon application by the estate of any member who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-2582, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased member. (d) No dues may be refunded except in strict compliance with this Code section.
47-25-84. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he or she becomes totally and permanently disabled after commencing service as a full-time chief magistrate or as the secretary-treasurer. Any such member shall be entitled to receive retirement benefits in the amount that he or she would receive if his or her retirement were effective at the time he or she became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the member shall be determined by the board.
47-25-85. Nothing contained in this chapter shall be construed so as to prevent any person who is a member of the fund from belonging to any other retirement, annuity, or benefit system.
47-24-86. (a) If a retired member becomes employed as a full-time or part-time magistrate or chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowance shall be resumed. (b) If a retired member becomes employed as a full-time chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter.
ARTICLE 6
47-25-100. If the board determines that the funds derived from the sources provided for in this chapter are not actuarially sufficient at any time to enable the board to pay in full each person determined to be entitled to the benefits provided for, plus all contingent and other liabilities, then a prorated percentage of such payments shall be made to each person entitled thereto until the funds shall be replenished actuarially sufficiently to

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enable the board to resume such payments in accordance with the terms of this chapter. In no event shall the board or any member thereof be liable to any person for any deficiency in payments made under this Code section.
47-25-101. None of the funds provided for in this chapter shall be subject to attachment, garnishment, or judgment rendered against the person entitled to receive the same. Such funds shall not be assignable."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

I voted against HB 618 because the burden of the cost, the $3 filing fee, is placed on the plaintiff, not the party that loses.
/s/ Franklin District 17

HB 794. By Representative Royal of the 140th:
A BILL to amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, so as to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments and certain related organizations; 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 28 of the Official Code of Georgia Annotated, relating to interstate cooperation, is amended by striking paragraph (1) of Code Section 28-6-3, relating to functions of the Georgia Commission on Interstate Cooperation, and inserting in its place a new paragraph (1) to read as follows:
"(1) Carry forward the participation of this state as a member of the Council of State Governments and of the Southern Legislative Conference;"
SECTION 2. Said chapter is further amended by striking Code Section 28-6-7, relating to the status of the Council of State Governments, and inserting in its place a new Code Section 28-6-7 to read as follows:
"28-6-7. The Council of State Governments, the Council of State Governments - Clairmont Road, L. L. C. (of which the Council of State Governments is the sole member), and the Southern Legislative Conference are each is declared to be a joint governmental agency of this state and of the other states which cooperate through it."
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 ayes were 92, nays 3.

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

The following Resolutions of the House were read and adopted:

HR 1195. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION recognizing the Georgia Association, Family, Career and Community Leaders of America and "FCCLA Week in Georgia"; and for other purposes.

HR 1196. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th and Williams of the 128th:
A RESOLUTION commending Mr. Joseph Addison on his nomination to the Georgia Independent Automobile Dealers Association Hall of Fame; and for other purposes.

HR 1197. By Representatives Porter of the 119th, Ashe of the 42nd, Post 2, Wilkinson of the 41st, Jones of the 38th, Coleman of the 118th and others:
A RESOLUTION commending and recognizing Mr. Christopher Glenn Sawyer; and for other purposes.

HR 1198. By Representatives Keen of the 146th, Richardson of the 26th, Douglas of the 73rd, Mills of the 67th, Post 2, Westmoreland of the 86th and others:
A RESOLUTION recognizing "Ronald Reagan Day" on February 6, 2004, in the State of Georgia; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 9, 2004.

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Representative Hall, Atlanta, Georgia Monday, February 9, 2004

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 Ashe Bannister Barnard Barnes Beasley-Teague E Benfield Birdsong Black Boggs Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G E Bunn Burmeister Campbell Casas Chambers Childers E Coan Cooper

Crawford Cummings Day Dean Deloach Dodson Dooley Douglas Drenner Dukes Epps Forster Franklin Gardner Graves, D Graves, T Greene Greene-Johnson Harbin Harper Harrell Heard, J Heard, K Heath Heckstall Hembree Hill, C Hill, C.A

Hines Houston Howell Hugley James Jamieson Jenkins, C.F Jones Jordan Joyce Keen Knox Lane Lewis Lord Lunsford Mangham Martin Maxwell McBee McCall Millar Mills E Mitchell Mobley Moraitakis Morris Mosby

Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parsons Porter Powell Purcell Ralston Randall E Ray Reece, B Reece, S Richardson Roberts, J Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sims Sinkfield Skipper

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

The following members were off the floor of the House when the roll was called:
Representatives Bordeaux of the 125th; Borders of the 142nd; Burkhalter of the 36th; Butler of the 88th, Post 1; Channell of the 77th; Coleman of the 65th; Dollar of the 31st; Ehrhart of the 28th; Elrod of the 25th; Fleming of the 79th; Floyd of the 132nd; Floyd of the 69th, Post 2; Fludd of the 48th, Post 4; Hanner of the 133rd; Hill of the 81st; Holmes of the 48th, Post 1; Jackson of the 124th, Post 1; Jenkins of the 93rd; Lucas of the 105th; Maddox of the 59th, Post 2; Manning of the 32nd; Marin of the 66th; Massey of the 24th; Parham of the 94th; Parrish of the 102nd; Rice of the 64th; Roberts of the 135th; Sholar

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of the 141st, Post 1; Smith of the 76th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Thompson of the 69th, Post 1; and Walker of the 71st, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Shaun D. Heckstall, Pastor, Trinity Christian Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

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

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

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

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HB 1050. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Keen of the 146th, Skipper of the 116th and others:
A BILL to amend Code Section 10-13A-4 of the Official Code of Georgia Annotated, relating to the tobacco product manufacturer directory, so as to provide for additional requirements with respect to inclusion or retention of participating manufacturers in such directory; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1406. By Representatives Ashe of the 42nd, Post 2 and Porter of the 119th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the core curriculum shall conform to national curriculum standards; and for other purposes.

Referred to the Committee on Education.

HB 1407. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessment of effectiveness of educational programs, so as to provide for the establishment by the State Board of Education of policies and standards for the transfer of course credit and the waiver of an end-of-course assessment for a student who takes a similar course and assessment through an independent program; and for other purposes.

Referred to the Committee on Education.

HB 1408. By Representatives Watson of the 60th, Post 2, Richardson of the 26th, Porter of the 119th, Burkhalter of the 36th, Royal of the 140th and others:
A BILL to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease

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interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1409. By Representative Royal of the 140th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1409. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes.

Mr. Clerk:

2/6/2004

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687

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1410. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Hembree District 46

Referred to the Committee on Ways & Means.

HB 1411. By Representatives Franklin of the 17th, Hines of the 35th, Douglas of the 73rd, Amerson of the 9th, White of the 3rd, Post 2 and others:
A BILL to amend Article 4 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the official state language, so as to provide that state agencies, counties, municipal corporations, and political subdivisions of this state shall be prohibited from using or printing official documents and forms or from transacting business in languages other than English; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1411. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Franklin District 17

Referred to the Committee on Governmental Affairs.

HB 1412. By Representatives Borders of the 142nd, Buck of the 112th, Lane of the 101st, Parham of the 94th and Royal of the 140th:
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 renew an exemption with respect to the sale of certain school supplies, clothing,

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footwear, computers, and computer related accessories for a limited period of time; to expand such exemption to certain college or dormitory items; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1412. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

HB 1413. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th 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 compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1413. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

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689

Referred to the Committee on Ways & Means.

HB 1414. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1415. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

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Referred to the Committee on Ways & Means.

HB 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1417. By Representative Howard of the 98th:
A BILL to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to prohibit discrimination by the Department of Community Health on the basis of the age of a recipient of medical assistance in determining whether to pay for medical helicopter transportation for a recipient of medical assistance; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 1418. By Representatives Stephenson of the 60th, Post 1, Randall of the 107th, Mosby of the 59th, Post 3, Sinkfield of the 50th, Hugley of the 113th and others:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, parental rights, and mental incompetency and dependency for juveniles, so as to change the jurisdiction of the juvenile court to include certain children under 18 years of age; to change definitions; to provide for jurisdiction as a court of inquiry regarding certain persons over 18 years of age; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1419. By Representatives Stephenson of the 60th, Post 1, Shaw of the 143rd, Channell of the 77th, Mosby of the 59th, Post 3, Watson of the 60th, Post 2 and others:
A BILL to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to limit liability and damages in certain circumstances; to provide for limited liability for certain health care providers for treatment of certain emergency conditions under certain circumstances; to change certain provisions relating to damages; to provide for legislative findings; to provide for immunity for certain hospitals who have independent contractor relationships with certain health care providers; and for other purposes.

Referred to the Committee on Judiciary.

HB 1420. By Representatives Royal of the 140th, Channell of the 77th, Parrish of the 102nd, Burkhalter of the 36th, Harbin of the 80th and others:
A BILL to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to opinions of experts, so as to provide for standards in admitting expert testimony in professional malpractice actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1421. By Representatives Channell of the 77th, Fleming of the 79th, Parrish of the 102nd, Keen of the 146th, Shaw of the 143rd and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

Mr. Clerk:

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1421. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Judiciary.

HB 1422. By Representatives Dodson of the 84th, Post 1, Keen of the 146th, Watson of the 60th, Post 2, Westmoreland of the 86th, Channell of the 77th and others:
A BILL to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change certain provisions relating to damages; to provide for financial limitations with respect to certain damages; and for other purposes.

Referred to the Committee on Judiciary.

HR 1193. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Reece of the 21st, Brooks of the 47th, Dean of the 49th and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

2/6/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1193. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Heckstall District 48, Post 3

Referred to the Committee on Rules.

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693

HR 1194. By Representatives Franklin of the 17th, Chambers of the 53rd, Massey of the 24th, Rogers of the 15th, Snow of the 1st and others:
A RESOLUTION urging the United States Congress to consider withdrawing the membership of the United States of America from the United Nations so that the United States may retain its sovereignty and control over its own funds and military forces; and for other purposes.

Referred to the Committee on Rules.

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 1430. By Representatives Sinkfield of the 50th, Lucas of the 105th, Reece of the 11th, Hugley of the 113th, Orrock of the 51st and others:
A BILL to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for natural gas before the application of late fees or penalties on a consumer; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

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

HB 1371 HB 1372 HB 1373 HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379

HB 1394 HB 1395 HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402

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HB 1380 HB 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393

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HB 1403 HB 1404 HB 1405 HR 1187 HR 1188 HR 1189 HR 1190 HR 1191 SB 49 SB 253 SB 337 SB 361 SB 438

Pursuant to Rule 52, Representative McClinton of the 59th, Post 1 moved that the following Bill of the House be engrossed:

HB 1386. By Representatives McClinton of the 59th, Post 1, Royal of the 140th, Ashe of the 42nd, Post 2, Teper of the 42nd, Post 1, Greene-Johnson of the 60th, Post 3 and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain symphony halls; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Resolution of the House be engrossed:

HR 1190. By Representative Royal of the 140th:
A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes.

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695

The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 110th moved that the following Resolution of the House be engrossed:

HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th:
A RESOLUTION designating the Purple Heart Highway; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

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

HR 1031 Do Pass HR 1036 Do Pass HR 1043 Do Pass HR 1044 Do Pass

HR 1120 Do Pass HR 1177 Do Pass HR 1192 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:

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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 1312 Do Pass HB 1350 Do Pass HB 1351 Do Pass

HB 1353 Do Pass HB 1363 Do Pass HB 1370 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 9, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

HB 79
HB 498 HB 585 HB 1237
HB 1266

Education; sales to county school board by member; exception to prohibition Employees' Retirement; certain temporary full-time service; credit Used car dealers; surety bond Employees' Retirement; certain Housing and Finance Authority employees; service payment Health, education, and social services; certain boards and councils; amend provisions

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

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

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697

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

HB 1312. By Representatives Campbell of the 39th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend an Act to reincorporate the City of Roswell in the County of Fulton, so as to change the method of selection of the mayor pro tempore; and for other purposes.

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 1350. By Representative James of the 114th:
A BILL to amend an Act providing for the board of education for the Macon County School District, so as to revise the districts for the election of members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1351. By Representative James of the 114th:
A BILL to amend an Act creating a board of commissioners for Macon County, so as to revise the districts for the election of members of the board of commissioners; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1353. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to provide a new charter for the City of Omega; and for other purposes.

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 1363. By Representatives Broome of the 141st, Post 2, Sholar of the 141st, Post 1 and Greene of the 134th:
A BILL to create a board of elections and registration for Decatur County and provide for its powers and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1370. By Representative Parrish of the 102nd:
A BILL to create a board of elections and registration for Emanuel County and provide for its powers and duties; and for other purposes.

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699

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.

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 356. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 569. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:

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A RESOLUTION designating the Alan Jackson Highway; and for other purposes.
SR 626. By Senators Seabaugh of the 28th and Hamrick of the 30th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 1063. By Representatives Westmoreland of the 86th, Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons from driver's license requirements when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; 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 356. By Senator Meyer von Bremen of the 12th:
A BILL to be entitled an Act to provide for a registry of offsetting reductions in greenhouse gases obtained by carbon sequestration; to provide legislative findings and declarations; to amend Chapter 6 of Title 12 of the O.C.G.A., relating to forest resources and other plant life, so as to enact the Georgia Carbon Sequestration Registry Act; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide for purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary

MONDAY, FEBRUARY 9, 2004

701

participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 436. By Senators Williams of the 19th and Hill of the 4th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide for a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SR 569. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 626. By Senators Seabaugh of the 28th and Hamrick of the 30th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

Referred to the Committee on Transportation.

Representative Amerson of the 9th arose to a point of personal privilege and addressed the House.

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Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

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

Representative Barnes of the 84th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Dean of the 49th 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 1031. By Representatives Coleman of the 118th, Walker of the 115th, Ray of the 108th, James of the 114th and O`Neal of the 117th:
A RESOLUTION honoring Major General Donald J. Wetekam and inviting him to appear before the House of Representatives; and for other purposes.

HR 1036. By Representative Hill of the 16th:
A RESOLUTION inviting the coaches and players of the Cherokee High School Warriors football team to appear before the House of Representatives; and for other purposes.

HR 1043. By Representatives Purcell of the 122nd and Jenkins of the 8th:
A RESOLUTION commending Corporal Stanley Elrod as the Peace Officer of the Year for Meritorious Service and inviting him to appear before the House of Representatives; and for other purposes.

HR 1044. By Representatives Purcell of the 122nd, Parrish of the 102nd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others:

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703

A RESOLUTION commending Officer James Holloway on his selection as the Peace Officer of the Year for Valor and inviting him to appear before the House of Represenetatives; and for other purposes.

HR 1120. By Representatives Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Buckner of the 109th and Smith of the 110th:
A RESOLUTION commending Mr. Darrion Mitchell and inviting him to appear before the House of Representatives; and for other purposes.

HR 1177. By Representatives Bunn of the 63rd, Mangham of the 62nd, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and Greene-Johnson of the 60th, Post 3:
A RESOLUTION commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Representatives; and for other purposes.

HR 1192. By Representative Walker of the 115th:
A RESOLUTION recognizing and commending Amy Holloway and inviting her to appear before the House of Representatives; and for other purposes.

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

HR 1199. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Dix of the 70th, Post 2:
A RESOLUTION inviting Kara Colquitt, Mrs. Georgia 2003, to appear before the House of Representatives; and for other purposes.

HR 1200. By Representatives Coan of the 67th, Post 1 and Mills of the 67th, Post 2:
A RESOLUTION inviting the coaches and players of the Buford High School Wolves football team to appear before the House of Representatives; and for other purposes.

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The following Resolution of the House was read and adopted:

HR 1202. By Representatives Porter of the 119th and Coleman of the 118th: A RESOLUTION commending Steve Brown; 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 498. By Representatives Cummings of the 19th, Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A BILL to amend Code Section 47-2-96.1 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain temporary full-time service, so as to change certain provisions relating to allowable service; and for other purposes.

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

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

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

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

E Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray

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 Morgan Y Thomas, A.M Y Thompson

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

MONDAY, FEBRUARY 9, 2004

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

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

705
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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

Due to a mechanical malfunction, the vote of Representative Jamieson of the 22nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 585. By Representative Parham of the 94th:
A BILL to amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL To amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to

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license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, is amended by striking subsection (h) and inserting in its place the following:
"(h) The bond shall be in the amount of $20,000.00 $30,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the division director for the division directors approval prior to the granting of a license."
SECTION 2. This Act shall become effective on April 1, 2006.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Parham of the 94th, was read and adopted:

A BILL
To amend Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to used motor vehicle and parts dealers, so as to change the provisions relating to the surety bond for used car dealers; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses related to

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used motor vehicle and parts dealers, is amended by striking subsection (h) and inserting in its place the following:
"(h) The bond shall be in the amount of $20,000.00 for used car dealers who sell not more than ten cars per month; $30,000.00 for used car dealers who sell more than ten but not more than 25 cars per month; and $50,000.00 for used car dealers who sell more than 25 cars per month and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the division director for the division directors approval prior to the granting of a license."
SECTION 2. This Act shall become effective on April 1, 2006.
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 E 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 E Bunn Y Burkhalter Y Burmeister

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

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

E 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 E Ray Y Reece, B Y Reece, S Y Rice

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
Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren

708
Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 155, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the votes of Representatives Orrock of the 51st and Smyre of the 111th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1266. By Representative Childers of the 13th, Post 1:
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; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To state a general intent to eliminate the future "sunset" of certain provisions relating to renal disease facilities; to provide that provisions of the Official Code of Georgia Annotated relating to renal disease facilities which were in effect and applicable on January 1, 2004, shall remain in effect and applicable until and unless changed by future Act of the General Assembly; to amend an Act amending Title 31 of the Official Code of

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Georgia Annotated, relating to health, which Act was approved April 20, 2000 (Ga. L. 2000, p. 526), so as to repeal provisions of such Act which provided for a future repeal or sunset of certain provisions; to amend Code Section 31-44-3 of the Official Code of Georgia Annotated, relating to adoption of rules, establishment of a council, and terms of councilmembers, so as to revise certain provisions relating to membership on the Renal Dialysis Advisory Council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) It is the general intent of this Act to eliminate the future "sunset" of certain provisions relating to renal disease facilities. The following provisions of the Official Code of Georgia Annotated which were in effect and applicable on January 1, 2004, shall remain in effect and applicable until and unless changed by future Act of the General Assembly:
(1) Code Section 31-44-1, relating to the short title; (2) Code Section 31-44-2, relating to fees; (3) Code Section 31-44-3, relating to adoption of rules and the establishment of the Renal Disease Advisory Council; (4) Code Section 31-44-4, relating to license requirement; (5) Code Section 31-44-5, relating to exceptions to licensing requirements; (6) Code Section 31-44-6, relating to application for license; fee; evidence of qualified staff; temporary provisional license; issuance of license; renewability of license; (7) Code Section 31-44-7, relating to minimum standards of rules; (8) Code Section 31-44-8, relating to qualifications of employees; (9) Code Section 31-44-9, relating to minimum standards for curricula, instructors, and training; (10) Code Section 31-44-10, relating to inspections; (11) Code Section 31-44-11, relating to authority of department to deal with violations of Chapter 44 of Title 31 or rules adopted thereunder; (12) Code Section 31-44-12, relating to deposit of collected penalties; (13) Code Section 31-44-13, relating to temporary management of facilities; (14) Code Section 31-44-14, relating to action to enjoin operation of facility; and (15) Code Section 31-44-15, relating to fee of temporary manager. (b) The following provision of law is repealed: Section 4 of an Act amending Title 31 of the Official Code of Georgia Annotated, relating to health, approved April 20, 2000 (Ga. L. 2000, p. 526), which now repealed section would have provided for a future repeal or sunset of certain provisions relating to renal disease facilities.
SECTION 2. Code Section 31-44-3 of the Official Code of Georgia Annotated, relating to adoption of

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rules, establishment of a council, and terms of councilmembers, is amended by striking subsection (b) 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 dietitians working in renal dialysis facilities."
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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G

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

E Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray

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 Morgan Y Thomas, A.M Y Thompson

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

MONDAY, FEBRUARY 9, 2004

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 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 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

711
Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 79 was postponed until the next legislative day.

Representative Chambers of the 53rd moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs:

HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes.
The motion prevailed.

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

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HR 1203. By Representatives Smith of the 76th, Douglas of the 73rd, Holmes of the 48th, Post 1 and McBee of the 74th:
A RESOLUTION recognizing and commending Colonel Robert A. Guy for outstanding contributions to public education in the State of Georgia and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 1204. By Representatives Royal of the 140th, O`Neal of the 117th, Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd and others:
A RESOLUTION commending the Georgia Rural Health Association and recognizing Rural Health Day; and for other purposes.

HR 1205. By Representative Childers of the 13th, Post 1:
A RESOLUTION commending the Partnership for Health and Accountability and recognizing February 26, 2004, as "Partnership for Health and Accountability Day"; and for other purposes.

HR 1206. By Representative Childers of the 13th, Post 1:
A RESOLUTION commending the Gambro Healthcare Unit and its employees and recognizing April 18, 2004, as "Nurse Appreciation Day" in the State of Georgia; and for other purposes.

HR 1207. By Representative Channell of the 77th:
A RESOLUTION commending Billy Webster on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1208. By Representative Channell of the 77th:

MONDAY, FEBRUARY 9, 2004

713

A RESOLUTION commending Alma Stokes on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1209. By Representative Channell of the 77th:
A RESOLUTION commending and congratulating the Reverend Clarence Cawthon on his 50 years of ministry; and for other purposes.

HR 1210. By Representative Channell of the 77th:
A RESOLUTION commending Lorraine Trott on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1211. By Representative Channell of the 77th:
A RESOLUTION commending Kim Ruff on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1212. By Representative Channell of the 77th:
A RESOLUTION commending Karen Smith on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1213. By Representative Channell of the 77th:
A RESOLUTION commending Kimberly Phillips on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1214. By Representative Channell of the 77th:
A RESOLUTION commending Oscar Parham on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

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HR 1215. By Representative Channell of the 77th:
A RESOLUTION commending Eddie Owens on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1216. By Representative Channell of the 77th:
A RESOLUTION commending Rhonda Holbrook on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1217. By Representative Channell of the 77th:
A RESOLUTION commending Melanie Nugent on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1218. By Representative Channell of the 77th:
A RESOLUTION commending Janice Barton on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1219. By Representative Channell of the 77th:
A RESOLUTION commending Donna Archebelle on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1220. By Representative Channell of the 77th:
A RESOLUTION commending Jimmy Branan on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1221. By Representative Channell of the 77th:

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A RESOLUTION commending John Clements on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1222. By Representative Channell of the 77th:
A RESOLUTION commending Lucille Crawford on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1223. By Representative Channell of the 77th:
A RESOLUTION commending Alisha Evans on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1224. By Representative Channell of the 77th:
A RESOLUTION commending Randy Kasprzyk on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1225. By Representative Channell of the 77th:
A RESOLUTION commending George Jackson on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1226. By Representative Channell of the 77th:
A RESOLUTION commending Diane Harper on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1227. By Representative Channell of the 77th:

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A RESOLUTION commending Kathryn Hill on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1228. By Representative Channell of the 77th:
A RESOLUTION commending Karen Wike on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1229. By Representative Channell of the 77th:
A RESOLUTION commending Simone Nicole Jones on her selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1230. By Representative Channell of the 77th:
A RESOLUTION commending Craig Pascoe on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1231. By Representative Channell of the 77th:
A RESOLUTION commending Erik Thompson on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1232. By Representative Channell of the 77th:
A RESOLUTION commending Edge Farley on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1233. By Representative Channell of the 77th:

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717

A RESOLUTION commending Hank Griffeth on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1234. By Representative Channell of the 77th:
A RESOLUTION commending Don Richeson on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1235. By Representative Channell of the 77th:
A RESOLUTION commending Eugene Smith on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1236. By Representative Channell of the 77th:
A RESOLUTION commending Michael Stalb on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1237. By Representative Greene of the 134th:
A RESOLUTION commending the City of Colquitt on its selection as a Georgia Municipal Association "City of Excellence"; and for other purposes.

HR 1238. By Representative Greene of the 134th:
A RESOLUTION recognizing and commending Ms. Ruby Smith Drinkwater on her 85th birthday; and for other purposes.

Representative Smyre of the 111th assumed the chair.

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

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

TUESDAY, FEBRUARY 10, 2004

719

Representative Hall, Atlanta, Georgia Tuesday, February 10, 2004

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

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend E. Dewey Smith, Jr., Pastor, Greater Travelers Rest Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

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

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

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

HB 1423. By Representatives Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Moraitakis of the 42nd, Post 4, Orrock of the 51st and Thomas Morgan of the 33rd, Post 2:
A BILL to amend Part 3 of Article 2 of Title 11 of the Official Code of Georgia Annotated, relating to general obligations and construction of contracts under the Uniform Commercial Code - Sales, so as make unenforceable certain used motor vehicle dealers' exclusions or modifications of implied warranties of merchantability and fitness for a particular purpose and exclusions or modifications of consumers' remedies for breach of those warranties; and for other purposes.

Referred to the Committee on Judiciary.

HB 1424. By Representatives Mobley of the 58th, Brooks of the 47th, Williams of the 128th, Drenner of the 57th, Beasley-Teague of the 48th, Post 2 and others:
A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to protection of computer systems, so as to prohibit the transmission of unsolicited bulk e-mail; to provide penalties for violations; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1425. By Representative Chambers of the 53rd:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to enact the "Georgia Income Tax Lottery Act"; to provide legislative findings; to establish a lottery based upon voluntary payments through individual income tax filings; to provide that the winner of the lottery shall have a lifetime exemption from Georgia individual income taxes; and for other purposes.

Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 10, 2004

721

HB 1426. By Representatives Chambers of the 53rd, Millar of the 52nd, Williams of the 61st, Post 2 and Douglas of the 73rd:
A BILL to amend Code Section 20-2-520 of the Official Code of Georgia Annotated, relating to building, repairing, renting, and furnishing schoolhouses, so as to require that a board of education notify certain adjacent property owners when such board intends to construct new school buildings or facilities or to demolish or perform major renovations to existing school buildings or facilities; and for other purposes.

Referred to the Committee on Education.

HB 1427. By Representative Parham of the 94th:
A BILL to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to change certain definitions relative to the "Georgia Pharmacy Practice Act"; to change certain provisions relating to powers of the board; to change certain provisions relating to personnel to be employed; to change certain provisions relating to drug therapy certification; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1428. By Representatives Westmoreland of the 86th, Smith of the 129th, Post 2, Rice of the 64th, Mosley of the 129th, Post 1, Coan of the 67th, Post 1 and others:
A BILL to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications of tutors in home study programs; and for other purposes.

Referred to the Committee on Education.

HB 1429. By Representatives Purcell of the 122nd, James of the 114th and Crawford of the 91st:

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A BILL to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to preclude any companion animal establishment from being or becoming a nuisance solely as a result of changed conditions in or around the locality of the establishment; to provide for immunity from civil or criminal actions relating to noise from a companion animal establishment under certain conditions; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 1431. By Representative Fleming of the 79th:
A BILL to amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide alternative methods to cancel fully satisfied judgments; and for other purposes.

Referred to the Committee on Judiciary.

HB 1432. By Representatives Day of the 126th, Royal of the 140th, Sholar of the 141st, Post 1, Scott of the 138th and Stephens of the 123rd:
A BILL to amend Code Section 48-2-15 of the Official Code of Georgia Annotated, relating to confidential status of taxpayer information, so as to provide for additional restrictions regarding disclosure of certain information by the state revenue commissioner or an officer or employee of the Department of Revenue; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1433. By Representatives Orrock of the 51st, Porter of the 119th, Smyre of the 111th, Hugley of the 113th, Oliver of the 56th, Post 2 and others:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for the lifting of

TUESDAY, FEBRUARY 10, 2004

723

the sunset provision of the alternative base period; to provide that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1434. By Representatives Broome of the 141st, Post 2, Snow of the 1st, Jamieson of the 22nd and Reece of the 11th:
A BILL 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 of Georgia, so as to specify that any required textbook shall be continued in use for a certain period of time; and for other purposes.

Referred to the Committee on Higher Education.

HB 1435. By Representatives Royal of the 140th, Buck of the 112th, Richardson of the 26th, Keen of the 146th and Heard of the 75th:
A BILL to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere; and for other purposes.

2/9/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1435. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

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Referred to the Committee on Ways & Means.

HR 1201. By Representative Mills of the 67th, Post 2:
A RESOLUTION urging the United States Congress to reform the current class action lawsuit process; and for other purposes.

Referred to the Committee on Judiciary.

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

HB 1050 HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 HB 1411 HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417

HB 1418 HB 1419 HB 1420 HB 1421 HB 1422 HB 1430 HR 1193 HR 1194 SB 356 SB 436 SR 569 SR 626

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1409. By Representative Royal of the 140th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes.

The motion prevailed.

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725

Pursuant to Rule 52, Representative Hembree of the 46th moved that the following Bill of the House be engrossed:

HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Franklin of the 17th moved that the following Bill of the House be engrossed:

HB 1411. By Representatives Franklin of the 17th, Hines of the 35th, Douglas of the 73rd, Amerson of the 9th, White of the 3rd, Post 2 and others:

A BILL to amend Article 4 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the official state language, so as to provide that state agencies, counties, municipal corporations, and political subdivisions of this state shall be prohibited from using or printing official documents and forms or from transacting business in languages other than English; and for other purposes.

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

Y Amerson Anderson
Y Ashe Bannister
Y Barnard Y Barnes
Beasley-Teague E Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

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

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

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

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

726
Brock Y Brooks Y Broome N Brown N Bruce Y Buck Y Buckner, D N Buckner, G
Bunn Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers Y Channell N Childers Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

On the motion the ayes were 65, nays 73. The motion was lost.

Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan
Thomas, A.M N Thompson Y Walker, L Y Walker, R.L Y Warren N Watson
Westmoreland White N Wilkinson N Willard Y Williams, A N Williams, E Y Williams, R Y Wix N 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 "nay" thereon.

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 1412. By Representatives Borders of the 142nd, Buck of the 112th, Lane of the 101st, Parham of the 94th and Royal of the 140th:
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 renew

TUESDAY, FEBRUARY 10, 2004

727

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 expand such exemption to certain college or dormitory items; and for other purposes.

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

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

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

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

Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B Smith, L Y Smith, P Y Smith, T 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 Morgan Thomas, A.M Y Thompson Y Walker, L N 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 N Yates Coleman, Speaker

On the motion the ayes were 120, nays 22. The motion prevailed.

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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.

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:

A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes.

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

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

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

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

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

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

TUESDAY, FEBRUARY 10, 2004

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

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

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

On the motion the ayes were 126, nays 21. The motion prevailed.

729
Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson 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
Williams, R Y Wix N Yates
Coleman, Speaker

Representatives Burkhalter of the 36th and Lane of the 101st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1421. By Representatives Channell of the 77th, Fleming of the 79th, Parrish of the 102nd, Keen of the 146th, Shaw of the 143rd and others:

A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

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

Y Amerson Anderson
Y Ashe

Day Y Dean Y Deloach

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

E Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims
Sinkfield

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Bannister Y Barnard Y Barnes Y Beasley-Teague E Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges
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 N Coleman, B N Cooper Y Crawford Y Cummings

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

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

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

On the motion the ayes were 98, nays 53. The motion prevailed.

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

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Heckstall of the 48th, Post 3 moved that the following Resolution of the House be engrossed:

HR 1193. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Reece of the 21st, Brooks of the 47th, Dean of the 49th and others:

TUESDAY, FEBRUARY 10, 2004

731

A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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

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

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley
Douglas N 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 E Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree
Henson N Hill, C

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

E Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter
Powell Y Purcell
Ralston Y Randall E Ray Y Reece, B Y Reece, S N Rice N Richardson N Roberts, J
Roberts, L N 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 Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M N Thompson Y Walker, L
Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 94, nays 62. The motion prevailed.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:

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Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1195 Do Pass, by Substitute SB 421 Do Pass

Respectfully submitted, /s/ Buck of the 112th
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 1067 Do Pass HR 1176 Do Pass

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1375 Do Pass

TUESDAY, FEBRUARY 10, 2004

733

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 10, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

HB 547 HB 736 HB 1089 HB 1101 HB 1137 HB 1192
HB 1254

Surcharges for certain public safety employees; remove certain limitations Ad valorem tax assessments; periods of limitation Office of Treasury and Fiscal Services; additional powers and duties Vermiculture; branch of agricultural industry; define Employees' Retirement; Indigent Defense Council; change designation Georgia Bureau of Investigation; nomenclature; definitions; usage; violations Railroad crossings; elimination; petition provisions

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

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

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

HB 1375. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Williams of the 61st, Post 2 and others:

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A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
SB 404. By Senators Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles and towing, storage, and disposal of motor vehicles, so as to specify the conditions under which a person removing or storing a motor vehicle shall have a lien upon such vehicle; to provide that any such lien may also cover the cost of certain fuel recovery or cleanup activities; to provide for procedural matters; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:

TUESDAY, FEBRUARY 10, 2004

735

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; 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 293. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.
SR 299. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.
SR 301. By Senators Dean of the 31st, Clay of the 37th and Hamrick of the 30th:
A RESOLUTION designating SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House:
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 Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1207. By Representatives Coleman of the 118th, Buck of the 112th, Burkhalter of the 36th, Golick of the 34th, Post 3 and O`Neal of the 117th:

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A BILL to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjustment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1195. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION recognizing the Georgia Association, Family, Career and Community Leaders of America and "FCCLA Week in Georgia"; 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 403. By Senators Cheeks of the 23rd, Brush of the 24th and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 404. By Senators Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles and towing, storage, and disposal of motor vehicles, so as to specify the conditions under which a person removing or storing a motor vehicle shall have a lien upon such vehicle; to provide that any such lien may also cover the cost of certain fuel recovery or cleanup activities; to provide for procedural matters; to provide for other related matters; to provide for an

TUESDAY, FEBRUARY 10, 2004

737

effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 431. By Senators Kemp of the 46th, Hall of the 22nd, Collins of the 6th, Tolleson of the 18th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to provide for notification to the members of the General Assembly of the availability of annual reports, budgets, and audits; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Rules.

SR 293. By Senators Hamrick of the 30th, Dean of the 31st and Lee of the 29th:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 299. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

Referred to the Committee on Transportation.

SR 301. By Senators Dean of the 31st, Clay of the 37th and Hamrick of the 30th:
A RESOLUTION designating SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.

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Referred to the Committee on Transportation.

Representative Rice of the 64th arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

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

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

Representative Wilkinson of the 41st arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and adopted:

HR 1239. By Representative Lucas of the 105th:
A RESOLUTION honoring W. Douglas Skelton, M.D.; and for other purposes.

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

HR 1067. By Representative Noel of the 44th:
A RESOLUTION commending Westminster High School's Lady Wildcats volleyball team on their 2003 state title and inviting the team and their coaches to appear before the House of Representatives; and for other purposes.

TUESDAY, FEBRUARY 10, 2004

739

HR 1176. By Representatives Hanner of the 133rd, Shaw of the 143rd, Buckner of the 109th and Purcell of the 122nd:
A RESOLUTION recognizing February 10, 2004, as "Forestry Day at the Capitol" and inviting Monte Simpson, Andy Stone, and Steve McWilliams of the Georgia Forestry Association to appear before the House of Representatives; and for other purposes.

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

HR 1240. By Representatives Beasley-Teague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2, McClinton of the 59th, Post 1, Epps of the 90th and Parham of the 94th:
A RESOLUTION inviting and welcoming the Honorable Anmar Hanady to the City of Atlanta and the State of Georgia during July 1 to July 5, 2004; 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 547. By Representatives Harbin of the 80th and Keen of the 146th:
A BILL to amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, so as to

740

JOURNAL OF THE HOUSE

remove certain limitations and conditions concerning the prohibition on insurance premium surcharges for certain public safety employees who are involved in automobile accidents; 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 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents, is amended by striking the Code section and inserting in lieu thereof a new Code Section 33-9-39 to read as follows:
"33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance which that provides coverage for the personal motor vehicles of any law enforcement officer, firefighter, or emergency medical technician in this state for any accident:
(1) Which That occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties; and (2) Which occurred while the law enforcement officer, firefighter, or emergency medical technician was driving an official vehicle; and (3)(2) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proof, in the form of copies of the accident report, 911 emergency dispatch log, or the employing agencys documents, to the insurer of the conditions condition provided in paragraphs paragraph (1) and (2) 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.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Dean
Y Deloach Y Dix

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

E Mitchell Y Mobley Y Moraitakis
Morris

Y Sholar Sims
Y Sinkfield Y Skipper

TUESDAY, FEBRUARY 10, 2004

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

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

Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw Y Sheldon

741
Y Smith, B Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes
Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Smith of the 87th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Scott of the 138th 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 736. By Representative Heard of the 75th:

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A BILL to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for periods of limitation with respect to assessment of ad valorem property taxes; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new Code section immediately following Code Section 48-5-300, to be designated Code Section 48-5300.1, to read as follows:
"48-5-300.1. (a) Except as otherwise provided in this Code section or this title, the amount of any tax imposed under this chapter may be assessed at any time. (b) Except as otherwise provided by subsection (c) of this Code section or by this title, in the case where a return or report is filed or deemed to be filed, the amount of any tax imposed by this chapter shall be assessed within three years after the return or report was filed. For purposes of this subsection, a return or report is filed before the last day prescribed by law for the filing thereof shall be considered as filed on such last day. (c) Except as otherwise provided by this title, in the case of a false or fraudulent return or report filed with the intent to evade tax or a failure to file a return or report, the amount of any tax imposed by this chapter may be assessed at any time. (d) Where, before the expiration of the time prescribed in this Code section for the assessment of any tax imposed by this title, both the board of tax assessors and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period. The board of tax assessors is authorized in any such agreement to extend similarly the period within which a claim for refund may be filed.

TUESDAY, FEBRUARY 10, 2004

743

(e) If a claim for refund of taxes paid for any taxable period is filed within the last six months of the period during which the board of tax assessors may assess the amount of taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed. (f) No action without assessment shall be brought for the collection of any tax after the expiration of the period for assessment."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E 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
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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

E 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 E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott

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 Morgan Y Thomas, A.M Y Thompson 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

744
Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Forster of the 3rd, Post 1 and Scott of the 138th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1101. By Representative Sims of the 130th:
A BILL to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to provider that vermiculture shall be considered a branch of the agricultural industry; and for other purposes.

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

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

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

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

E 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 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 Morgan

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

TUESDAY, FEBRUARY 10, 2004

Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath 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 Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

745
Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Scott of the 138th 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 Jackson of the 124th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1192. By Representatives Boggs of the 145th and Snow of the 1st:
A BILL to amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required for use of the Georgia Bureau of Investigation's nomenclature; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Public Safety moves to amend HB 1192 by striking the word "agents" on line 13 on page 1 and inserting in lieu thereof "agents employees" and striking the word "Investigations" on line 17 on page 1 and inserting in lieu thereof "Investigation".

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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 roll call was ordered and the vote was as follows:

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

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

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

E Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray 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 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 Morgan Y Thomas, A.M Y Thompson 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, FEBRUARY 10, 2004

747

Representative Scott of the 138th 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 1137. By Representatives Lunsford of the 85th, Post 2, Cummings of the 19th, Brooks of the 47th, Mills of the 67th, Post 2, Burmeister of the 96th and others:
A BILL to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; to change certain references; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-323, relating to membership in the retirement system of employees of the Georgia Indigent Defense Council, creditable service, and contributions, and inserting in lieu thereof the following:
"47-2-323. (a) As used in this Code section, the term:
(2)(1) 'Council' 'Georgia Indigent Defense Council' or 'council' means the Georgia Indigent Defense Council Georgia Public Defender Standards Council established by Code Section 17-12-32 17-12-3. (1)(2) 'Employee' means any full-time employee of the council employed pursuant to the provisions of subsection (a) of Code Section 17-12-34.

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(3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the council which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an employee of the council. (b) Effective July 1, 1994, or on the date of employment, each employee of the council shall become a member of the retirement system. (c)(1) This subsection shall apply only to an employee of the council employed by the council prior to July 1, 1994. (2) An employee of the council who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this retirement system for prior employment as an employee of the council, subject to the requirements of this subsection. Any such employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the employee had been a member of the retirement system during such period. The council shall pay from any funds available to the council the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The council shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the council, the employee shall receive full creditable service under the retirement system for all prior employment as an employee of the council. (d) Any employee of the council who was already a member of the retirement system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an employee of the council on or after July 1, 1994, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsection (d) of this Code section, an employee of the council becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Indigent Defense Council council. The council shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."

TUESDAY, FEBRUARY 10, 2004

749

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

Y Day 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 E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

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

E Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray 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 Morgan Y Thomas, A.M Y Thompson 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 174, nays 0.

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JOURNAL OF THE HOUSE

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

HB 1254. By Representative Channell of the 77th:
A BILL to amend Code Section 32-6-193.1 of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; and for other purposes.

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

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

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

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

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

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

Y Sholar N Sims N Sinkfield Y Skipper Y Smith, B N 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 N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M Y Thompson N Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R
Wix

N Crawford Y Cummings

TUESDAY, FEBRUARY 10, 2004

Y Henson Y Hill, C

Y Millar N Mills

Y Shaw Y Sheldon

751
Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 121, nays 46. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Purcell of the 122nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1089. By Representatives Royal of the 140th and O`Neal of the 117th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental 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 roll call was ordered and the vote was as follows:

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

Y Day Dean Deloach
Y Dix 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 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen

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

Y 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

752
Y Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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

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

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

Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1044 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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

HB 1044. By Representative Coleman of the 118th:

TUESDAY, FEBRUARY 10, 2004

753

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

By unanimous consent, HB 79 having been previously postponed, was again postponed until Thursday, February 12, 2004.

The following Resolutions of the House were read and adopted:

HR 1241. By Representatives Buckner of the 82nd, Smith of the 87th, Reece of the 11th, Manning of the 32nd, Hugley of the 113th and others:
A RESOLUTION commending Nellie Duke, recipient of the Georgia Commission on Women's Magnolia Leadership Award; and for other purposes.

HR 1242. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Dix of the 70th, Post 2:
A RESOLUTION congratulating Kara Colquitt, Mrs. Georgia 2003; and for other purposes.

HR 1243. By Representatives Mobley of the 58th and Stephenson of the 60th, Post 1:
A RESOLUTION commending Mr. and Mrs. Roy Hatcher on the occasion of their fiftieth wedding anniversary; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1244. By Representatives Mobley of the 58th, Thomas of the 43rd, Post 1, Mangham of the 62nd, Brooks of the 47th and Beasley-Teague of the 48th, Post 2:
A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing "Africa Day" at the capitol on February 20, 2004; and for other purposes.

HR 1245. By Representatives Sims of the 130th, Boggs of the 145th, Walker of the 115th, Coleman of the 118th, Keen of the 146th and others:
A RESOLUTION honoring and remembering the life of United States Army Sergeant David Terrell Nutt, killed in action during the course of Operation Iraqi Freedom; and for other purposes.

HR 1246. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, Williams of the 61st, Post 2, Sinkfield of the 50th, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION honoring and remembering the life of Traci Lynnette Trammell Turner; and for other purposes.

HR 1247. By Representatives Coan of the 67th, Post 1 and Mills of the 67th, Post 2:
A RESOLUTION commending the Buford High School Wolves football team; and for other purposes.

HR 1248. By Representative Dukes of the 136th:
A RESOLUTION commending Gregory Stauffer Bell on achieving the rank of Eagle Scout; and for other purposes.

HR 1249. By Representatives Skipper of the 116th, Walker of the 115th, Campbell of the 39th, Bordeaux of the 125th, Ralston of the 6th and others:
A RESOLUTION commending Professor R. Perry Sentell, Jr.; and for other purposes.

TUESDAY, FEBRUARY 10, 2004

755

HR 1250. By Representatives Williams of the 61st, Post 2, Greene-Johnson of the 60th, Post 3, Holmes of the 48th, Post 1, Bruce of the 45th, Cummings of the 19th and others:
A RESOLUTION recognizing GAE Legislative Conference Day; and for other purposes.

HR 1251. By Representatives Orrock of the 51st, Stanley-Turner of the 43rd, Post 2, Gardner of the 42nd, Post 3, Sinkfield of the 50th, Skipper of the 116th and others:
A RESOLUTION recognizing February 12, 2004, as Social Work Student Lobby Day at the capitol and March, 2004, as Professional Social Work Month in Georgia; and for other purposes.

HR 1252. By Representatives Smith of the 76th, McBee of the 74th and Heard of the 75th:
A RESOLUTION commending Mr. William E. "Wes" Smith; and for other purposes.

HR 1253. By Representatives Stephenson of the 60th, Post 1, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:
A RESOLUTION recognizing and commending Chief Master Sergeant James Edward Etheridge, Jr., on the occasion of his retirement; and for other purposes.

HR 1254. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Mansfield; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, February 12, 2004.

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Representative Hall, Atlanta, Georgia Thursday, February 12, 2004

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 E Benfield Birdsong Boggs Bridges Brock Brooks Broome Brown Buck Buckner, D Burmeister Campbell Casas Chambers Childers Coleman, B Cooper Cummings

Day Deloach Dodson Dooley Douglas Drenner Dukes Ehrhart Floyd, J Fludd Forster Franklin Graves, D Graves, T Greene Greene-Johnson Harper E Harrell Heard, J Heard, K Heath Hembree E Hill, C

Hill, V Hines Houston Howell E Hudson Hugley Jamieson Jenkins, C.F Jordan Joyce Knox Lane Lewis E Lunsford Mangham Manning Maxwell McBee Mills Mitchell Mobley Moraitakis Morris

Mosley Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Orrock Parsons Porter Purcell Ralston Randall E Ray Reece, B Reece, S Rice Roberts, L Rogers, Ch. Royal Scott Shaw Sheldon Sholar

Skipper Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stokes Stoner Teilhet Teper Walker, L Warren White Wilkinson Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Black of the 144th; Bordeaux of the 125th; Borders of the 142nd; Bruce of the 45th; Bunn of the 63rd; Burkhalter of the 36th; Crawford of the 91st; Dean of the 49th; Dollar of the 31st; Elrod of the 25th; Epps of the 90th; Fleming of the 79th; Floyd of the 69th, Post 2; Gardner of the 42nd, Post 3; Golick of the 34th, Post 3; Hanner of the 133rd; Harbin of the 80th; Heckstall of the 48th, Post 3; Hill of the 147th; James of the 114th; Jenkins of the 93rd; Jones of the 38th; Keen of the 146th; Lord of the 103rd; Lucas of the 105th; Maddox of the 59th, Post 2; Martin of the 37th; Massey of the 24th; McCall of the 78th; McClinton of the 59th, Post 1; Millar of the 52nd; Mosby of the 59th, Post 3; Noel of the 44th; Parham of the 94th; Powell of the 23rd; Richardson of the 26th; Roberts of the 131st; Rogers of the 20th; Sailor of the 61st, Post 1; Sinkfield of the 50th; Smith of the

THURSDAY, FEBRUARY 12, 2004

757

76th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; 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 Willard of the 40th.
They wish to be recorded as present.

Prayer was offered by Dr. James C. Elder, Jr., Pastor, First Baptist Church, Columbus, Georgia.

The members pledged allegiance to the flag.

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

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

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

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JOURNAL OF THE HOUSE

HB 1436. By Representatives Bannister of the 70th, Post 1, Williams of the 4th, Snow of the 1st, Maddox of the 59th, Post 2, Walker of the 115th and others:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to change certain provisions regarding the special 1 percent county sales and use tax; to extend the maximum period of time such tax can be levied; and for other purposes.

2/10/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1436. 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 Ways & Means.

HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes.

Mr. Clerk:

2/10/2004

THURSDAY, FEBRUARY 12, 2004

759

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1437. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1438. By Representatives Wilkinson of the 41st, Teper of the 42nd, Post 1, Keen of the 146th, Dean of the 49th, Douglas of the 73rd and others:
A BILL to amend Code Section 50-17-63 of the Official Code of Georgia Annotated, relating to authorized deposits and investments of the State Depository Board, so as to change certain provisions regarding investments which may be made by the director of the Office of Treasury and Fiscal Services; and for other purposes.

Referred to the Committee on Appropriations.

HB 1439. 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 placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes.

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

HB 1440. 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 the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes.

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JOURNAL OF THE HOUSE

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

HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1442. By Representatives Gardner of the 42nd, Post 3, Graves of the 106th, Mosby of the 59th, Post 3 and Parsons of the 29th:
A BILL to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide for legislative intent; to provide that every pharmacist shall include the total pharmacy reimbursement cost for a prescription drug on the receipt for the prescription drug; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1443. By Representatives Gardner of the 42nd, Post 3, Childers of the 13th, Post 1, Smyre of the 111th, Manning of the 32nd, Stephenson of the 60th, Post 1 and others:
A BILL to amend Article 2 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to hospital care for nonresident indigents, so as to provide further legislative findings; to provide for alternative procedures and sources of funding for reimbursing hospitals; and for other purposes.

Referred to the Committee on Health & Human Services.

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761

HB 1444. By Representatives Borders of the 142nd, Orrock of the 51st, Porter of the 119th, Westmoreland of the 86th, Williams of the 4th and others:
A BILL to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1445. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1447. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Bunn of the 63rd and others:

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JOURNAL OF THE HOUSE

A BILL to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veterans, so as to provide for certain duties for the Department of Veteran Services; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1448. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Sinkfield of the 50th, Ashe of the 42nd, Post 2, Brooks of the 47th and others:
A BILL 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 enact the "Safe Kids Act"; to provide that the State Board of Education shall develop a comprehensive child abduction education program; to provide for the convening of the Child Abduction and Prevention Education Task Force; and for other purposes.

Referred to the Committee on Education.

HB 1449. By Representative Porter of the 119th:
A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; and for other purposes.

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

HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's, litigant's, state official's, or other person's ability to comply with

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763

court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes.

Referred to the Committee on Judiciary.

HB 1452. By Representatives Burmeister of the 96th, Mosby of the 59th, Post 3, Watson of the 60th, Post 2, Smith of the 13th, Post 2, Lunsford of the 85th, Post 2 and others:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to the calculation of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide a schedule of basic child support obligation amounts; and for other purposes.

Referred to the Committee on Judiciary.

HR 1255. By Representatives Hembree of the 46th and Maxwell of the 27th:
A RESOLUTION encouraging local boards of education to offer to the students of the state's public high schools as an elective course "The Bible in Literature and History" textbook curriculum from the National Council on Bible Curriculum in Public Schools; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Education.

HR 1256. By Representatives Porter of the 119th, Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Coleman of the 118th and others:
A RESOLUTION urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HR 1257. By Representatives Henson of the 55th, Drenner of the 57th, Watson of the 60th, Post 2, Chambers of the 53rd and Mangham of the 62nd:
A RESOLUTION urging the Board of Education of DeKalb County to adjust attendance boundaries, reassess comprehensive attendance zone planning, and reassess school construction; and for other purposes.

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

HR 1258. By Representatives Franklin of the 17th, Keen of the 146th, Massey of the 24th, Knox of the 14th, Post 1, Hill of the 16th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Governor shall have the power to appoint a cabinet of advisors; to provide that the Governor and the Lieutenant Governor shall run as a slate and shall be voted on together; to remove certain boards and certain elected constitutional executive officers; to change certain provisions relating to suspension and removal of public officials; and for other purposes.

Referred to the Committee on Governmental Affairs.

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

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765

HB 1423 HB 1424 HB 1425 HB 1426 HB 1427 HB 1428 HB 1429 HB 1431 HB 1432 HB 1433

HB 1434 HB 1435 HR 1201 SB 403 SB 404 SB 431 SR 293 SR 299 SR 301

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1435. By Representatives Royal of the 140th, Buck of the 112th, Richardson of the 26th, Keen of the 146th and Heard of the 75th:

A BILL to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas used to apportion income of corporations deriving income from business conducted both within Georgia and elsewhere; and for other purposes.

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

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

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

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

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
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

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

766
Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas N Chambers
Channell Y Childers Y Coan
Coleman, B Cooper Crawford Y Cummings

JOURNAL OF THE HOUSE

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

Y Lane Y Lewis
Lord Y Lucas E 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 Ralston Randall
E 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

On the motion the ayes were 134, nays 5. The motion prevailed.

Y Thomas Morgan Thomas, A.M
Y Thompson 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
Yates Coleman, Speaker

Representative Forster of the 3rd, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 563 Do Pass

Respectfully submitted, /s/ Lane of the 101st
Chairman

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

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767

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1174 Do Pass, by Substitute HB 1300 Do Pass HB 1359 Do Pass

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Howard of the 98th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations and Aging has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1250 Do Pass, by Substitute

Respectfully submitted, /s/ Howard of the 98th
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1331 Do Pass SB 281 Do Pass, by Substitute

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 1087 Do Pass, by Substitute HB 1155 Do Pass, by Substitute HB 1243 Do Pass

HB 1253 Do Pass HB 1333 Do Pass

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1277 Do Pass, by Substitute

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:

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769

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1216 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1071 Do Pass HR 1119 Do Pass HR 1121 Do Pass

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

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

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

HB 1238 Do Pass HB 1239 Do Pass

HB 1409 Do Pass HB 1415 Do Pass

770

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, FEBRUARY 12, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

HB 208 HB 617 HB 1103 HB 1125 HB 1141 HB 1221 HB 1311 SB 157

Property Owners' Association Act; clarification of provisions Clinical perfusionist licensure; provisional licenses Bona fide conservation use property; notification; expiration of covenants Education; bullying by students; amend provisions Dentists and dental hygienists; amend provisions Fleeing or eluding a police officer; define offenses; penalties Real estate closings; non-attorney licensee; unfair trade practice Payday Lending; deferred presentment or advance cash services; regulate unlawful transactions

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

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

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:

THURSDAY, FEBRUARY 12, 2004

771

SB 441. By Senators Hamrick of the 30th, Smith of the 52nd, Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; to exempt sentences based on negotiated pleas from review; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 442. By Senators Hamrick of the 30th, Reed of the 35th, Harp of the 16th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to murder and felony murder, so as to provide that persons convicted of murder who have three or more prior felony convictions shall be sentenced to life without parole under certain circumstances; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 444. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a county may belong to more than one joint development authority; to provide a maximum income tax credit for businesses locating within a county that is a member of more than one joint development authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgias Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to change references to Code Section 495-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 461. By Senators Balfour of the 9th and Levetan of the 40th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 470. By Senators Brush of the 24th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide that Purple Heart license plates shall be available for motorcycles; 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 651. By Senators Thomas of the 2nd, Tolleson of the 18th, Crotts of the 17th, Kemp of the 46th, Smith of the 52nd 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 Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union Counties, Georgia; to repeal conflicting laws; and for other purposes.
SR 652. By Senators Thomas of the 2nd, Harp of the 16th, Smith of the 52nd, Golden of the 8th, Kemp of the 3rd and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Bartow County, Georgia; in Chatham County, Georgia; in Cobb County, Georgia; in Coffee County, Georgia; in Floyd County, Georgia; in Glynn County, Georgia; in Harris County, Georgia; in Lowndes County, Georgia; in Meriwether County, Georgia; in Stephens County, Georgia; to repeal conflicting laws; and for other purposes.

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

THURSDAY, FEBRUARY 12, 2004

773

SB 441. By Senators Hamrick of the 30th, Smith of the 52nd, Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; to exempt sentences based on negotiated pleas from review; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 442. By Senators Hamrick of the 30th, Reed of the 35th, Harp of the 16th, Smith of the 52nd, Hall of the 22nd and others:
A BILL to be entitled an Act to amend Code Section 16-5-1 of the Official Code of Georgia Annotated, relating to murder and felony murder, so as to provide that persons convicted of murder who have three or more prior felony convictions shall be sentenced to life without parole under certain circumstances; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 444. By Senator Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a county may belong to more than one joint development authority; to provide a maximum income tax credit for businesses locating within a county that is a member of more than one joint development authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

SB 456. By Senators Lee of the 29th, Brush of the 24th, Shafer of the 48th and Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to the Office of School Readiness, so as to change the name of the Office of School Readiness to Bright From The Start: Georgias Office of Early Care and Education; to make the office a separate budget unit; to revise definitions; to change certain provisions relating to the director of the office; to add certain powers and duties of the office; to revise certain references for conformity purposes; to change references to Code Section 495-12 to 49-5-3 in certain Code sections in Titles 19 and 31 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 461. By Senators Balfour of the 9th and Levetan of the 40th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 470. By Senators Brush of the 24th, Crotts of the 17th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide that Purple Heart license plates shall be available for motorcycles; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 12, 2004

775

SR 651. By Senators Thomas of the 2nd, Tolleson of the 18th, Crotts of the 17th, Kemp of the 46th, Smith of the 52nd 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 Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and Union Counties, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SR 652. By Senators Thomas of the 2nd, Harp of the 16th, Smith of the 52nd, Golden of the 8th, Kemp of the 3rd and others:
A RESOLUTION authorizing the conveyance of certain State owned real property located in Bartow County, Georgia; in Chatham County, Georgia; in Cobb County, Georgia; in Coffee County, Georgia; in Floyd County, Georgia; in Glynn County, Georgia; in Harris County, Georgia; in Lowndes County, Georgia; in Meriwether County, Georgia; in Stephens County, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

Representative Amerson of the 9th arose to a point of personal privilege and addressed the House.

Representative Mitchell of the 61st, Post 3 arose to a point of personal privilege and addressed the House.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

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

776

JOURNAL OF THE HOUSE

Representative Holmes of the 48th, Post 1 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 Keen of the 146th arose to a point of personal privilege and addressed the House.

Representative Barnes of the 84th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Birdsong of the 104th 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 1071. By Representatives Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Lunsford of the 85th, Post 2 and McClinton of the 59th, Post 1:
A RESOLUTION commending Sarah Omotayo and inviting her to appear before the House of Representatives; and for other purposes.

HR 1119. By Representatives McBee of the 74th, Heard of the 75th and Smith of the 76th:
A RESOLUTION honoring and commemorating the birth of the New Georgia Encyclopedia and inviting the Georgia Humanities Council's president, Dr. Jamil S. Zainaldin, to appear before the House of Representatives; and for other purposes.

HR 1121. By Representatives Maddox of the 59th, Post 2, Greene-Johnson of the 60th, Post 3 and Watson of the 60th, Post 2:

THURSDAY, FEBRUARY 12, 2004

777

A RESOLUTION commending the Georgia Optometric Association on its 100th anniversary and inviting Dr. Jerry Prchal to appear before the House of Representatives; and for other purposes.

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

HR 1260. By Representatives Williams of the 61st, Post 2, Cummings of the 19th, Holmes of the 48th, Post 1, Bruce of the 45th and Reece of the 11th:
A RESOLUTION inviting the officers of the Georgia Association of Educators to appear before the House of Representatives; and for other purposes.

HR 1261. By Representatives Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2, Hugley of the 113th, Stephens of the 124th, Post 2, Fludd of the 48th, Post 4 and others:
A RESOLUTION commending the Georgia Federation of Teachers and inviting their officers to appear before the House of Representatives; and for other purposes.

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

HB 1311. By Representative Powell of the 23rd:
A BILL to amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to provide that the conducting of a real estate closing by a licensee who is not an attorney at law constitutes an unfair trade practice; and for other purposes.

The following Committee substitute was read and adopted:

778

JOURNAL OF THE HOUSE

A BILL
To amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, so as to remove and reserve a provision allowing the conducting of a real estate closing by a licensee; 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 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and unfair trade practices, is amended by striking paragraph (29) of subsection (b) and inserting in lieu thereof the following:
"(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker Reserved;".
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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

THURSDAY, FEBRUARY 12, 2004

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 N 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 Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce Y Keen Y Knox Y Lane N Lewis Y Lord Y Lucas E Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

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

779
Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L
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 passage of the Bill, by substitute, the ayes were 143, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 617. By Representatives Graves of the 106th, Childers of the 13th, Post 1, Wilkinson of the 41st and Watson of the 60th, Post 2:
A BILL to amend Article 7 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to clinical perfusionist licensure, so as to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet certain licensure requirements; and for other purposes.

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

780

JOURNAL OF THE HOUSE

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

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

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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E 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 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 E 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 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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

HB 1125. By Representatives Hugley of the 113th, Hill of the 81st, Jordan of the 83rd, Dix of the 70th, Post 2, Buckner of the 109th 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 make certain changes relating to local school board policies regarding bullying in student codes of conduct; and for other purposes.

THURSDAY, FEBRUARY 12, 2004

781

Representative Keen of the 146th moved that HB 1125 be placed upon the table.

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 N Beasley-Teague E Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks
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 N Chambers N Channell N Childers Y Coan N Coleman, B
Cooper Y Crawford N Cummings

Y Day N Dean N Deloach N Dix N Dodson E 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
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 N Hines N Holmes N Houston N Howard N Howell E Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F
Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas E Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton N Millar Y Mills

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

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

On the motion, the ayes were 63, nays 106. The motion failed.

The following Committee substitute was read and adopted:

A BILL

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JOURNAL OF THE HOUSE

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to make certain changes relating to local school board policies regarding bullying in student codes of conduct; to change the definition of "bullying behavior"; to provide that policies relating to bullying behavior apply to students in kindergarten through grade 12; to change the content of local school board policies; to require training on bullying behavior for certain school system personnel; to provide that local school systems provide information to the Department of Education on the number and disposition of bullying incidents reported; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-751.4, relating to policies prohibiting bullying, assignment to alternative school, and notice, in its entirety and inserting in lieu thereof the following:
"20-2-751.4. (a) As used in this Code section, the term 'bullying behavior' means: any pattern of written or verbal expression or any physical act or gesture that is intended to ridicule, humiliate, intimidate, or cause measurable physical or emotional distress upon one or more students in the school, on school grounds, in school vehicles, at designated school bus stops, or at school activities or sanctioned events.
(1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm. (b) Each local board of education shall adopt policies, applicable to students in grades six kindergarten through grade 12, that prohibit bullying of a student by another behavior by a student and shall require such prohibition to be included in the student code of conduct for elementary, middle, and high schools in that school system. Local board policies shall: (1) Require require that, upon a finding that a student has committed the offense of bullying behavior for the third time in a school year, such student shall be assigned to an alternative school. program, excluding students in kindergarten or grades one through five; (2) Require that each reported incident of bullying behavior is investigated and a disposition determined; (3) Include procedures for handling anonymous reporting of incidents of bullying behavior, including the protection of the identity of the alleged victim of an incident of bullying behavior; (4) Include procedures for the reporting of an alleged incident of bullying behavior by a parent of a student; and

THURSDAY, FEBRUARY 12, 2004

783

(5) Include disciplinary procedures and consequences to the student for the students submission of a false report of an incident of bullying behavior. Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying behavior, and the penalties for violating the prohibition, by posting such information at each elementary, middle, and high school and by including such information in student and parent handbooks. (c) Each local board of education shall ensure that the local superintendent and all principals, assistant principals, school counselors, resource officers, and other appropriate staff complete a research based training program relating to bullying behavior. (d) Each local board of education shall include the number of incidents of bullying behavior reported in its school system and the disposition of such incidents in the annual report required to be submitted to the Department of Education pursuant to Code Section 20-2-740. (e) Any school system which is not in compliance with the requirements of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260."
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 N Bannister N Barnard Y Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce

N Day Y Dean Y Deloach Y Dix Y Dodson E 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 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, C Y Jenkins, C.F
Jones Y Jordan N Joyce N Keen N Knox

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

784
Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B
Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Gardner 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 N Hembree Y Henson N Hill, C

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

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

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

On the passage of the Bill, by substitute, the ayes were 118, nays 52.
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 1103. By Representatives Royal of the 140th, Coleman of the 118th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; and for other purposes.

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

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

Y Amerson Y Anderson Y Ashe Y Bannister

Y Day Y Dean Y Deloach Y Dix

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

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

THURSDAY, FEBRUARY 12, 2004

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

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

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

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

785
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smyre of the 111th and Stanley-Turner stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the second 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:

786

JOURNAL OF THE HOUSE

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 second report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 237

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/ Casey Cagle Senator, 49th District

/s/ Tom McCall Representative, 78th District

/s/ Eric Johnson Senator, 1st District

/s/ Royal Representative, 140th District

A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Comprehensive State-wide Water Management Planning Act"; to provide legislative findings and declarations; to provide for definitions; to require the development of a state-wide water management plan; to provide for principles on which such plan shall be based; to require all water withdrawal permit decisions to be made in accordance with such plan; to provide for effect of noncompliance with such plan; to provide for a Water Council and for its composition

THURSDAY, FEBRUARY 12, 2004

787

and duties; to provide procedures for plan development, adoption, and revision; 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. The General Assembly finds and declares that:
(1) A comprehensive state-wide water management plan for this state is needed and should be developed by the Environmental Protection Division of the Department of Natural Resources; (2) 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; and (3) Regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies.
SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by adding a new Article 11 to read as follows:
"ARTICLE 11 12-5-600. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'
12-5-601. 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.
12-5-602. (a) The division shall develop a comprehensive state-wide water management plan in accordance with 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 comprehensive state-wide water management plan:
(1) Effective water resources management protects public health and the safety and welfare of Georgias citizens;

788

JOURNAL OF THE HOUSE

(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 resources 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 resources 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 comprehensive state-wide water management plan shall set forth state-wide water policies which shall guide river basin and aquifer management plans, regional water planning efforts, and local water plans. (d) The comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with the comprehensive state-wide water management plan. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.
12-5-603. (a) The division shall work in cooperation, coordination, and communication with the Water Council created by Code Section 12-5-604 and any other state, local, regional, or federal agency as appropriate to complete the comprehensive state-wide water management plan. (b) The division shall solicit extensive stakeholder involvement in the development of the plan. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and

THURSDAY, FEBRUARY 12, 2004

789

associations of local government entities, and regional development centers. The division shall submit a draft comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.
12-5-604. (a) There shall be a coordinating committee called the 'Water Council' composed of one member appointed by the Speaker of the House of Representatives who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; one member appointed by the President Pro Tempore of the Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; and the following state officials who shall serve ex officio as members of the committee: the director of the division, the commissioner of natural resources, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, the commissioner of human resources, the Commissioner of Agriculture, the director of the Georgia Forestry Commission, and the executive director of the Georgia Environmental Facilities Authority. In addition, the chairperson of the Senate Natural Resources and the Environment Committee and one additional member of that committee to be selected by its chairperson and the chairperson of the House Committee on Natural Resources and Environment and one additional member of that committee to be selected by its chairperson shall each serve ex officio in an advisory capacity. Any vacancy among the two appointed members of the Water Council who are not members of the General Assembly other than for expiration of term shall be filled in the same manner as the original appointment for the unexpired term. The director shall serve as chairperson of the Water Council. (b) The Water Council shall:
(1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of a comprehensive state-wide water management plan; (2) Provide input to the division concerning the development of a comprehensive state-wide water management plan; and (3) Review, modify if necessary, and approve the final draft of the comprehensive state-wide water management plan.
12-5-605. (a) The final draft of the comprehensive state-wide water management plan approved by the Water Council shall be submitted by the Water Council to the Board of Natural Resources for adoption or rejection no later than December 1, 2007. (b) The Board of Natural Resources shall have no authority to modify any plan submitted to it by the Water Council but may adopt such plan without any changes or reject such plan in its entirety and return it to the Water Council for modification and resubmission to the Board of Natural Resources for adoption or rejection.

790

JOURNAL OF THE HOUSE

12-5-606. The division shall review the current comprehensive state-wide water management plan and recommend appropriate amendments to or revisions of the plan, if any, to the Water Council not later than July 1, 2010, and at least every three years thereafter. Any such recommended amendments or revisions shall be subject to review, modification if necessary, and approval by the Water Council and submission to the Board of Natural Resources for adoption or rejection the same as the initial comprehensive state-wide water management plan."
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 Hanner of the 133rd moved that the House reject the second 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 Y Anderson Y Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague E 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 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 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning

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

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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

THURSDAY, FEBRUARY 12, 2004

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

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

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

On the motion, the ayes were 167, nays 0. The motion prevailed.

791
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 and Senate were taken up for consideration and read the third time:

HB 1141. By Representatives Childers of the 13th, Post 1, Graves of the 106th, Parrish of the 102nd, Hembree of the 46th, Henson of the 55th and others:
A BILL to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to revise certain definitions; to revise certain provisions relating to acts which constitute the practice of dentistry; to revise certain provisions relating to conscious sedation; to provide for an additional means to receive a license to practice dentistry; and for other purposes.

The following amendment was read:

Representative Jackson of the 124th, Post 1 moves to amend HB 1141 by striking the word "license" on line 6 of page 1; line 17 of page 6; line 1, line 7, and line 14 of page 7 and inserting in lieu thereof "provisional license".
By striking the word "licensure" on line 27 and line 35 of page 6; line 9 and line 16 of page 7 and inserting in lieu thereof "provisional licensure".
By striking lines 11 through 13 of page 7 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE

"(c) Subject to the provisions of subsection (a) of Code Section 43-11-47, an applicant who has met the requirements of this Code section shall be granted a provisional license to practice dentistry, which shall be valid for one year from the date it is issued and may be renewed subject to the approval of the board."
By striking lines 20 through 22 on page 7 and inserting in lieu thereof the following:
"(e) Upon receipt of a provisional license, the applicant by credentials must, prior to the expiration of the two-year provisional license period:
(1) Comply with all of the requirements for licensure under Code Section 43-11-40; and (2) Establish active practice in this state, as defined by rules and regulations of the board. A provisional licensee may submit an application for licensure as a licensed dentist once he or she has complied with all of the requirements for licensure under Code Section 4311-40. If an applicant fails to meet the requirements of this subsection on or before the expiration of the two-year provisional license period, such applicants provisional license shall be automatically revoked and surrendered to the board."

The following amendment was read and adopted:

Representatives Childers of the 13th, Post 1 and Jackson of the 124th, Post 1 move to amend the Jackson amendment to HB 1141 as follows:
By changing the word "one" on line 9 to the word "two".
By striking lines 11 through 20.

The Jackson amendment, as amended, was adopted.

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

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

Y Amerson Y Anderson Y Ashe
Bannister

Day Y Dean Y Deloach Y Dix

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

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

THURSDAY, FEBRUARY 12, 2004

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

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

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray 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

793
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 Morgan Y Thomas, A.M Y Thompson 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 167, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Lucas of the 105th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Dukes of the 136th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:

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A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Lane of the 101st moved that SB 157 be placed upon the table.

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

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

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

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

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

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

Y Crawford N Cummings

THURSDAY, FEBRUARY 12, 2004

N Henson N Hill, C

N Millar N Mills

N Shaw Y Sheldon

On the motion, the ayes were 33, nays 116. The motion failed.

795
Yates Coleman, Speaker

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

Representative Reece of the 11th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Committee substitute was read:

A BILL
To amend Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," so as to allow class actions to be brought against unlicensed lenders; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to include payday lending in the definition of racketeering activity; to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to strengthen and increase the criminal and civil penalties therefor; to void payday lending loans; to declare that forum selection clauses in payday lending contracts are unenforceable in Georgia; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemptions for licensed and regulated activities; to provide for an oversight committee; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties; to declare a tax on profits from payday loans; to declare sites or locations on which payday lending is taking place to be public nuisances; to provide disclosure and notice requirements regarding loans made to members of the military; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," is amended by striking subsection (e) and inserting in its place the following:
"(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision of law. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-1123 or any other provision of law."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions concerning racketeer influenced organizations, by striking divisions (9)(A)(xxxvi) and (9)(A)(xxxvii) and inserting in lieu thereof the following:
"(xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; or (xxxvii) Code Section 33-1-9, relating to insurance fraud.; or (xxxviii) Code Section 16-17-2, relating to payday loans."
SECTION 3. Said title is further amended by adding a new Chapter 17 to read as follows:
"CHAPTER 17
16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank

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797

chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce and certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter.
16-17-2. (a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, acting as an agent for, or assisting a lender in the making of loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions expressly permitted pursuant to: (A) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (B) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (C) Chapter 4 of Title 7, relating to interest and usury; (D) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act'; or (E) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; or
(2) Such loans are lawful under the terms of:

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JOURNAL OF THE HOUSE

(A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers. (b) Subject to the exceptions in subsection (a) of this Code section, this Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance of funds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The selling or providing of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. (c)(1) A payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy; (C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or

THURSDAY, FEBRUARY 12, 2004

799

arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set forth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both. (e) An oversight committee is established to monitor and report on the issuance of licenses under the provisions of Chapter 3 of Title 7, the 'Georgia Industrial Loan Act.' The committee shall consist of one member appointed by the Speaker of the House of Representatives, one member appointed by the President of the Senate, two members appointed by the Governor, and one member appointed by the Insurance Commissioner. The Insurance Commissioner shall also serve on the committee in an advisory capacity.
16-17-3. Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys fees.
16-17-4. (a) Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions. (b) A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to fund the budget of that office.
16-17-5. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of the person making such loans and shall be in addition to any other tax liability of such person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter.

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(c) A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such persons Georgia income tax return. (d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a persons return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.
16-17-6. In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) of Code Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a scheme, device, or contrivance and whether in reality the loan is in violation of the provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender if, under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) of Code Section 16-17-2.
16-17-7. All corporations, limited liability companies, or other business entities which are engaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance and engaging in such payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority.
16-17-8. The site or location of a place of business where payday lending takes place in the State of Georgia is declared a public nuisance.

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801

16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States, the following duties and obligations apply to any payday lender:
(1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer who has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on the loan; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific deferred presentment services provider branch location has been declared off limits to military personnel. (b) If the customer is a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer who has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on the loan; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel."
SECTION 4. This Act shall become effective on July 1, 2004.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

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JOURNAL OF THE HOUSE

Representatives Massey of the 24th and Sailor of the 61st, Post 1 move to amend the Committee substitute to SB 157 by deleting lines 20 on page 1 to line 2 on page 2 and substituting in its place the following:
"Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act" is amended by striking subsection (e) and inserting in its place the following:
'(e) A claim of violation of this chapter may be asserted in a class action under Code Section 9-11-23 or any other provision of law'".

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

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

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

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

Y Mitchell N Mobley N Moraitakis N Morris Y Mosby N Mosley Y Murphy, J Y 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 N Ralston Y Randall E Ray N Reece, B N Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. N Royal N Rynders Y Sailor N Scott N Shaw Y Sheldon

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

THURSDAY, FEBRUARY 12, 2004

803

On the adoption of the amendment, the ayes were 92, nays 80. The amendment was adopted.

By unanimous consent, the Speaker instructed the Clerk to remove the commentary from the preceding amendment.

The following amendment was read:

Representative Roberts of the 135th moves to amend the Committee substitute to SB 157 by deleting the "or" at the end of line 3, by striking the period and inserting "; or" in its place at the end of line 8, and by adding the following between lines 8 and 9 of page 4:
"(3) Such loan is made by a retail establishment with gross sales of $500,000.00 a year or less."

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

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

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

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

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

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

804
Y Campbell N Casas Y Chambers N Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

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

Y Manning N Marin Y Martin Y Massey E Maxwell N McBee Y McCall
McClinton Y Millar N Mills

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

N 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 53, nays 115. The amendment was lost.

The following amendment was read:

Representative Roberts of the 135th moves to amend the Committee substitute to SB 157 by striking lines 3 through 5 of page 1 and inserting in their place the following:
"be brought against unlicensed lenders; to declare a legislative intent to prohibit activities commonly".
By deleting lines 3 through 12 of page 2.
By redesignating Sections 3, 4, and 5 as Sections 2, 3, and 4, respectively.

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

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

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

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

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

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

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

THURSDAY, FEBRUARY 12, 2004

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

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

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

805
N Stokes N Stoner N Teilhet N Teper Y Thomas Morgan Y Thomas, A.M N Thompson N Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White Y Wilkinson N Willard Y Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 38, nays 132. The amendment was lost.

The following amendment was read:

Representatives Ehrhart of the 28th, Coan of the 67th, Post 1 and Sheldon of the 71st, Post 2 move to amend the Committee substitute to SB 157 by striking the "or" at the end of line 3 of page 4, by striking the period and inserting ";or" at the end of line 8 of page 4, and by adding after line 8 of page 4 the following:
"(3) Such loans are made by a state or federally chartered bank, savings and loan association, credit union, or supervised lender operating in compliance with applicable federal law. Notwithstanding any provision of this chapter to the contrary, third-party agents assisting such federally chartered banks, savings and loan associations, credit unions and supervised lenders shall be specifically exempt from provisions of this Chapter."

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

806

JOURNAL OF THE HOUSE

Y Amerson N Anderson N Ashe N Bannister Y Barnard N Barnes N Beasley-Teague E Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges Y Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N 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 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 N Hanner N Harbin E Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson Y Hill, C

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

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

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

On the adoption of the amendment, the ayes were 63, nays 109. The amendment was lost.

The following amendment was read:

Representatives Ehrhart of the 28th, Sailor of the 61st, Post 1 and Sheldon of the 71st, Post 2 move to amend the Committee substitute to SB 157 by redesignating subsections (d) and (e) on page 5 as subsections (e) and (f), respectively.
By adding between lines 4 and 5 of page 5 the following:

THURSDAY, FEBRUARY 12, 2004

807

"(d) Any fee, insurance premium, late charge, service fee, loan processing fee, or any fee or charge of any description shall be included in the calculation of interest charged on the transaction and shall be included in the calculation of the annual percentage rate for the transaction."
By striking line 15 of page 7 through line 10 of page 8 and inserting in their place the following:
"16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse or dependent of a member of the military services of the United States, the following duties and obligations apply to any payday lender:
(1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse or dependent when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse or dependent; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses and dependents. (b) If the customer is a member of the military services of the United States or a spouse or dependent of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse or dependent when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse or dependent; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses and dependents.'"

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JOURNAL OF THE HOUSE

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 78, nays 95. The amendment was lost.

Representative Floyd of the 132nd moved that the House reconsider its action in adopting the Massey amendment.

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

N Amerson N Anderson

N Day Y Dean

N Hill, C.A Y Hill, V

N Mitchell Y Mobley

Y Sholar Y Sims

THURSDAY, FEBRUARY 12, 2004

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

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

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

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

On the motion, the ayes were 85, nays 86. The motion was lost.

809
N Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

The following amendment was read:

Representatives Lewis of the 12th and Greene of the 134th move to amend the Committee substitute to SB 157 by striking the quotation mark at the end of line 10 of page 8 and by adding between lines 10 and 11 of page 8 the following:
"16-17-10. Notwithstanding anything to the contrary contained in this chapter, the sale of a consumer membership by persons licensed pursuant to Article 4A of Chapter 1 of Title

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JOURNAL OF THE HOUSE

7 and regulated by the Georgia Department of Banking and Finance that includes an advance of funds as an incentive, not to be repaid, while providing other valuable consideration to the purchaser pursuant to a written agreement and not tied to a loan or deferred presentment of a check or other instrument shall not be a violation of this chapter so long as any termination fee is (1) restricted to a violation of the terms of the written agreement and (2) equal to or less than the remaining obligation under the terms of the written agreement for the purchase of consumer membership.'"

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

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

Y Day N Dean
Deloach N Dix N Dodson Y Dollar N Dooley N 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 Y Greene
Greene-Johnson N Hanner N Harbin E 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 N Hines N Holmes N Houston N Howard N Howell E Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce N Keen Y Knox N Lane Y Lewis N Lord N Lucas E Lunsford N Maddox N Mangham Y Manning N Marin Y Martin N Massey E Maxwell N McBee N McCall N McClinton N Millar N Mills

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

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

On the adoption of the amendment, the ayes were 47, nays 121.

THURSDAY, FEBRUARY 12, 2004

811

The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Stokes of the 72nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Lewis of the 12th moves to amend the Committee substitute to SB 157 by inserting between lines 32 and 33 of page 3 the following new paragraph (1):
"(1) Such person is licensed pursuant to Article 4A of Chapter 1 of Title 7 and regulated by the Georgia Department of Banking and Finance;" and by renumbering the following paragraphs accordingly.

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

Y Day N Dean N Deloach Y Dix N Dodson Y Dollar N Dooley N Douglas N Drenner Y 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
Greene-Johnson N Hanner Y Harbin

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

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

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

812
Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the amendment, the ayes were 69, nays 101. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Stokes of the 72nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Sailor of the 61st, Post 1 and Sheldon of the 71st, Post 2 move to amend the Committee substitute to SB 157 by adding after line 2 on page 2 the following:
"Section . Chapter 3 of Title 7 of the Official Code of Georgia, relating to industrial loans, is amended by adding a new Code section 7-3-30 to read as follows: '7-3-30. (a) Every licensee under this Chapter shall provide to the borrower a warning as to appropriate use of the loan and the dangers of frequent renewals or refinancing." (b) Every licensee under this Chapter shall provide the borrower with a right to rescind the transaction at no cost by the close of the following business day." (c) Every licensee under this Chapter shall be prohibited from using or threatening to use criminal process against a borrower for purposes of collection of a delinquent loan." (d) Every licensee under this Chapter shall allow a borrower to make full and partial prepayment without penalties." (e) A licensee under this Chapter shall not renew or refinance a loan more than two times."

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

THURSDAY, FEBRUARY 12, 2004

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

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

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

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

813
N Sholar N Sims Y Sinkfield N Skipper Y Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V N Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson
Stokes Y Stoner N Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L N Warren
Watson N Westmoreland Y White N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 64, nays 103. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Stokes of the 72nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendments were read and adopted:

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JOURNAL OF THE HOUSE

Representative O`Neal of the 117th et al. move to amend the Committee substitute to SB 157 by striking line 33 of page 3 through line 3 of page 4 and inserting in their place the following:
"(1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; or (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum; or'".

Representatives O`Neal of the 117th, Murphy of the 14th, Post 2 and Harbin of the 80th move to amend the Committee substitute to SB 157 by adding "or" before "acting" on line 31 of page 3;
By deleting "for, or assisting a lender" from line 32 of page 3.

Representative O`Neal of the 117th et al. move to amend the Committee substitute to SB 157 by striking line 12 of page 8 inserting in place thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative O`Neal of the 117th et al. move to amend the Committee substitute to SB 157 by striking line 15 of page 7 through line 10 of page 8 and inserting in place thereof the following:
"16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender:
(1) The lender is prohibited from garnishment of any military wages or salaries;

THURSDAY, FEBRUARY 12, 2004

815

(2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses. (b) If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses.'"

The following amendment was read:

Representatives Ehrhart of the 28th and Floyd of the 132nd move to amend the Committee substitute to SB 157 by deleting "or" at the end of line 3 of page 4, by striking the period and inserting a semicolon in its place at the end of line 8 of page 4, and by adding between lines 8 and 9 of page 4 the following:
"(3) Such loan is a part of a sale and lease back transaction offered by a company doing business in Georgia on January 1, 2004, that had a valid Georgia sales and use tax permit on that date. The company must show a history of paying sales tax to the Department of Revenue for at least one full tax year in order to be entitled to this exemption. To qualify for this exemption a company shall contact the Department of Revenue notifying the department that the company is entitled to this exemption. The

816

JOURNAL OF THE HOUSE

department shall group these companies in a special classification and reissue a new Georgia sales and use tax permit showing the exempt classification. Nothing in this paragraph shall be applied to lease-purchase agreements under Article 23 of Chapter 1 of Title 10 or leases governed by Article 2A of Title 11; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrowers filed tax return and the loan cannot be for more than the amount of the borrowers anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph."

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

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

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

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

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J
Murphy, Q N Noel Y Oliver, B N Oliver, M Y O'Neal N Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall E Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch.
Royal N Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar N Sims N Sinkfield Y Skipper N Smith, B N 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 Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren
Watson N Westmoreland Y White Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R
Wix N Yates
Coleman, Speaker

THURSDAY, FEBRUARY 12, 2004

817

On the adoption of the amendment, the ayes were 87, nays 82. The amendment was adopted.

Representative Mangham of the 62nd moved that the House reconsider its action in adopting the Ehrhart amendment.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister N Barnard N Barnes Y Beasley-Teague E Benfield Y Birdsong Y Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome Y Brown Y Bruce N Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas Y Chambers N Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

N Day N Dean Y Deloach N Dix N Dodson Y Dollar N Dooley N Douglas Y Drenner Y Dukes N Ehrhart Y 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 E Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis N Lord N Lucas E Lunsford N Maddox Y Mangham N Manning Y Marin N Martin N Massey E Maxwell Y McBee N McCall N McClinton
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 Y Parsons N Porter N Powell N Purcell N Ralston Y Randall E Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch.
Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon

N Sholar Y Sims Y Sinkfield N Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the motion, the ayes were 77, nays 91. The motion was lost.

818

JOURNAL OF THE HOUSE

Representative Sims of the 130th moved that the House reconsider its action in failing to adopt the Sailor amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes Y Beasley-Teague E Benfield N Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn N Burkhalter N Burmeister Y Butler N Campbell Y Casas N Chambers N Channell Y Childers Y Coan Y Coleman, B N Cooper N Crawford Y Cummings

Y Day Y Dean N Deloach N Dix N Dodson Y Dollar N Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod Y Epps Y Fleming N Floyd, H N Floyd, J Y Fludd Y Forster N Franklin Y Gardner N Golick N Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner N Harbin E Harper N Harrell
Heard, J Y Heard, K N Heath Y Heckstall N Hembree N Henson Y Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson N Hugley Y Jackson Y James N Jamieson Y Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce
Keen N Knox Y Lane N Lewis N Lord Y Lucas E Lunsford N Maddox
Mangham N Manning N Marin Y Martin N Massey E Maxwell N McBee Y McCall N McClinton N Millar N Mills

Y Mitchell N Mobley N Moraitakis Y Morris N Mosby N Mosley N Murphy, J N Murphy, Q Y Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter Y Powell N Purcell Y Ralston Y Randall E Ray Y Reece, B N Reece, S Y Rice Y Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. N Royal N Rynders Y Sailor N Scott N Shaw Y Sheldon

N Sholar Y Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P Y Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner Y Stephens, E N Stephens, R N Stephenson Y Stokes Y Stoner N Teilhet Y Teper Y Thomas Morgan N Thomas, A.M Y Thompson N Walker, L N Walker, R.L N Warren
Watson N Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the motion, the ayes were 69, nays 100. The motion was lost.

The Committee substitute, as amended, was adopted.

THURSDAY, FEBRUARY 12, 2004

819

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 E Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders Y Bridges N Brock N Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart 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 Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin E Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A N Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox N Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin
Massey E Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall E Ray N Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders N 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 Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard N 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 150, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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By unanimous consent, HB 79 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, all remaining Bills on the Calendar were postponed until the next legislative day.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committee:

HB 1453. By Representatives Hugley of the 113th, Skipper of the 116th, Smyre of the 111th, Oliver of the 56th, Post 2 and Mitchell of the 61st, Post 3:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house districts; to provide for the number of Representatives; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1454. By Representatives Hugley of the 113th, Skipper of the 116th, Smyre of the 111th, Oliver of the 56th, Post 2 and Mitchell of the 61st, Post 3:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house and senate districts; to provide for the number of Representatives and Senators; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

The following Resolution of the House was read:

HR 1266. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th and Buck of the 112th

THURSDAY, FEBRUARY 12, 2004

821

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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of February 16, 2004, through March 1, 2004, shall be as follows:
Monday, February 16 .................................................in session for legislative day 18 Tuesday, February 17 .................................................in session for legislative day 19 Wednesday, February 18 ............................................in adjournment Thursday, February 19 ...............................................in session for legislative day 20 Friday, February 20 ....................................................in session for legislative day 21 Saturday, February 21 ................................................in adjournment Sunday, February 22...................................................in adjournment Monday, February 23 .................................................in session for legislative day 22 Tuesday, February 24 .................................................in session for legislative day 23 Wednesday, February 25 ............................................in adjournment Thursday, February 26 ...............................................in session for legislative day 24 Friday, February 27 ....................................................in session for legislative day 25 Saturday, February 28 ................................................in adjournment Sunday, February 29...................................................in adjournment Monday, March 1 .......................................................in session for legislative day 26
BE IT FURTHER RESOLVED that on and after March 1, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E 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 E Hudson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

822
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

JOURNAL OF THE HOUSE

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 E Harper Y Harrell Y Heard, J
Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey E Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray 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 N Scott Y Shaw Y Sheldon

On the adoption of the Resolution, the ayes were 164, nays 1. The Resolution was adopted.

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 Morgan Y Thomas, A.M Y Thompson 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 Resolutions of the House were read and adopted:

HR 1259. By Representative Westmoreland of the 86th:
A RESOLUTION commending Youth Leadership Fayette and the Fayette Chamber of Commerce; and for other purposes.

HR 1267. By Representative Dollar of the 31st:
A RESOLUTION commending Jennifer Tumlin as Wheeler High School 2002-2003 Teacher of the Year and Cobb County 2003-2004 Teacher of the Year; and for other purposes.

THURSDAY, FEBRUARY 12, 2004

823

HR 1268. By Representative Dollar of the 31st:
A RESOLUTION commending John Thackston on attaining the rank of Eagle Scout; and for other purposes.

HR 1269. By Representative Dollar of the 31st:
A RESOLUTION commending Jeff Cardell on attaining the rank of Eagle Scout; and for other purposes.

HR 1270. By Representative Dollar of the 31st:
A RESOLUTION commending Jay Williams on attaining the rank of Eagle Scout; and for other purposes.

HR 1271. By Representative Dollar of the 31st:
A RESOLUTION commending Randall H. Kent on attaining the rank of Eagle Scout; and for other purposes.

HR 1272. By Representative Dollar of the 31st:
A RESOLUTION commending Donald Taylor on attaining the rank of Eagle Scout; and for other purposes.

HR 1273. By Representative Dollar of the 31st:
A RESOLUTION commending Chris Wyland on attaining the rank of Eagle Scout; and for other purposes.

HR 1274. By Representative Dollar of the 31st:
A RESOLUTION commending Joel Shasteen on attaining the rank of Eagle Scout; and for other purposes.

HR 1275. By Representative Dollar of the 31st:

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A RESOLUTION commending Richard Shasteen on attaining the rank of Eagle Scout; and for other purposes.

HR 1276. By Representative Dooley of the 33rd, Post 3:
A RESOLUTION honoring and commending United States Navy Captain Jerry E. McNabb and congratulating him on the occasion of his retirement; and for other purposes.

HR 1277. By Representative Douglas of the 73rd: A RESOLUTION commending Benson's, Inc.; and for other purposes.

HR 1278. By Representative Douglas of the 73rd:
A RESOLUTION commending Pennington Seed Company; and for other purposes.

HR 1279. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Buckhead; and for other purposes.

HR 1280. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Bogart; and for other purposes.

HR 1281. By Representative Jamieson of the 22nd:
A RESOLUTION recognizing Stephanie and Clay Ware; and for other purposes.

HR 1282. By Representatives Buck of the 112th, Smyre of the 111th, Hugley of the 113th, Buckner of the 109th and Smith of the 110th:

THURSDAY, FEBRUARY 12, 2004

825

A RESOLUTION congratulating The First Baptist Church, Columbus; and for other purposes.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1265 Do Pass HB 1303 Do Pass, by Substitute HR 701 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1299 Do Pass, by Substitute HB 1322 Do Pass

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:

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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1287 Do Pass, as Amended

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1248 Do Pass HB 1352 Do Pass, by Substitute

Respectfully submitted, /s/ Lucas of the 105th
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1282 Do Pass

THURSDAY, FEBRUARY 12, 2004

827

Respectfully submitted, /s/ Epps of the 90th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1070 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 886 Do Pass, by Substitute HB 1068 Do Pass, by Substitute HB 1295 Do Pass, as Amended HR 398 Do Pass

HR 940 Do Pass HR 1190 Do Pass HR 1191 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

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The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

FRIDAY, FEBRUARY 13, 2004

829

Representative Hall, Atlanta, Georgia Friday, February 13, 2004

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 Captain Jerry E. McNabb, Command Chaplain, Naval Air Station, Marietta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1455. By Representatives Buck of the 112th, Smyre of the 111th, Hugley of the 113th and Buckner of the 109th:
A BILL to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1456. By Representatives Greene of the 134th and Smith of the 13th, Post 2:
A BILL to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment into the county treasury of fines and forfeitures, so as to change the distribution of fines in certain cases; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change certain provisions relating to aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections 16-8-2 through 16-8-9; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department or Revenue and the Department of Administrative Services; and for other purposes.

2/12/2004

FRIDAY, FEBRUARY 13, 2004

831

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1457. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1458. By Representatives Burmeister of the 96th, Smith of the 129th, Post 2, Rogers of the 20th, Dodson of the 84th, Post 1, Mosley of the 129th, Post 1 and others:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to revise the definition of feticide; to prohibit the voluntary manslaughter of an unborn child; to provide for punishment for persons convicted of such offenses; to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to remove the requirement that an unborn child be quick in the definition of feticide by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions concerning registration, operation, and sale of watercraft, so as to remove the requirement that an unborn child be quick in the definition of feticide by vessel; and for other purposes.

2/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1458. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Burmeister District 96

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.

HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th 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 compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes.

2/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1459. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

HB 1460. By Representatives Beasley-Teague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2, McClinton of the 59th, Post 1, Epps of the 90th and Parham of the 94th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to change certain provisions regarding the exclusion applicable to military income; and for other purposes.

Mr. Clerk:

2/12/2004

FRIDAY, FEBRUARY 13, 2004

833

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1460. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Beasley-Teague District 48, Post 2

Referred to the Committee on Ways & Means.

HB 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd:
A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer information; and for other purposes.

2/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1461. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1462. By Representatives Stephens of the 123rd, Parham of the 94th, Graves of the 106th and Parrish of the 102nd:
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 provide for a fee to be imposed on prescription drug orders to be used to obtain federal

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financial participation for medical assistance payments to health care providers that serve the medically indigent; to provide for a short title; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund for the deposit of provider fees; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1463. By Representative Ralston of the 6th:
A BILL to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to increase the penalty for an offender who is a fiduciary or officer or employee of a government or a financial institution; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1464. By Representatives Dooley of the 33rd, Post 3, Manning of the 32nd, Oliver of the 56th, Post 2 and Howard of the 98th:
A BILL to amend Code Section 32-6-75 of the Official Code of Georgia Annotated, relating to restrictions on outdoor advertising authorized by Code Sections 32-6-72 and 32-6-73, multiple message signs on interstate system, primary highways, and other highways, so as to provide for a certain restriction; and for other purposes.

Referred to the Committee on Transportation.

HB 1465. By Representatives Henson of the 55th, Drenner of the 57th, Stoner of the 34th, Post 1, Orrock of the 51st, Buckner of the 82nd and others:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relating to definitions; to change certain provisions relating to classification of public roads; to change certain provisions relating to operation of facilities or systems and financial assistance to systems by the Department of Transportation; and for other purposes.

FRIDAY, FEBRUARY 13, 2004

835

Referred to the Committee on Transportation.

HB 1466. By Representatives Walker of the 71st, Post 1, Harrell of the 54th, Brown of the 89th and Stephens of the 123rd:
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; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain terms and definitions; to amend Code Section 37-4-21 of the Official Code of Georgia Annotated, relating to respite care for mentally retarded persons, so as to revise certain terms; to amend Code Section 48-13-9 of the Official Code of Georgia Annotated, to change various statutory references to "personal care homes" so that they refer to "assisted living facilities"; and for other purposes.

Referred to the Committee on Human Relations & Aging.

HB 1467. By Representatives Drenner of the 57th, Orrock of the 51st, Mobley of the 58th, Dooley of the 33rd, Post 3 and Noel of the 44th:
A BILL to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings and other structures generally, so as to change certain provisions relating to requirements for toilets, shower heads, and faucets; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1468. By Representatives McCall of the 78th, Powell of the 23rd and Roberts of the 131st:
A BILL to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to waste management, so as to redesignate certain provisions relating to notice of denial of individual sewage disposal permits and duty to consider such denial in ad valorem tax determinations; to amend Chapter 3 of Title 31 of the

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JOURNAL OF THE HOUSE

Official Code of Georgia Annotated, relating to county boards of health, so as to change certain provisions relating to notice of denial of individual sewage disposal permits and duty to consider such denial in ad valorem tax determinations; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1469. By Representatives Boggs of the 145th, Powell of the 23rd, DeLoach of the 127th, Walker of the 115th, Crawford of the 91st and others:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that the General Assembly by local law may provide for the nonpartisan election of clerks of the superior court, sheriffs, and tax commissioners; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1470. By Representatives Drenner of the 57th, Holmes of the 48th, Post 1, Mosby of the 59th, Post 3, Heckstall of the 48th, Post 3 and Broome of the 141st, Post 2:
A BILL to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in the regulation of alcoholic beverages, so as to prohibit the sale of alcoholic beverages during certain uniform closing hours; and for other purposes.

Referred to the Committee on Regulated Industries.

HB 1471. By Representatives Drenner of the 57th, Holmes of the 48th, Post 1, Mosby of the 59th, Post 3, Heckstall of the 48th, Post 3, Broome of the 141st, Post 2 and others:
A BILL to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to eliminate current provisions relating to local government authorization of certain sales of alcoholic beverages on Sunday; and for other purposes.

FRIDAY, FEBRUARY 13, 2004

837

Referred to the Committee on Regulated Industries.

HB 1472. By Representatives Keen of the 146th, Burmeister of the 96th, Cooper of the 30th, Rice of the 64th, Fleming of the 79th and others:
A BILL to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, and Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to substantially revise provisions relating to civil practice and liability in civil actions; to change provisions relating to the effect of discharge from liability of all resident defendants in a civil action against codefendants residing in different counties; and for other purposes.

Referred to the Committee on Judiciary.

HB 1473. By Representatives Greene of the 134th, Orrock of the 51st and Houston of the 139th:
A BILL to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to provide for a statement of purpose; to prohibit the Department of Community Health from imposing prior authorization requirements or other restrictions under the Medicaid program on certain medications prescribed for medicaid recipients; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1474. By Representatives Mobley of the 58th and Thomas of the 43rd, Post 1:
A BILL to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to benefits under the Employment Security Law, so as to provide that an individual shall not be disqualified for benefits under certain circumstances as a result of family violence or the prevention thereof; and for other purposes.

Referred to the Committee on Industrial Relations.

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JOURNAL OF THE HOUSE

HB 1475. By Representative Mobley of the 58th:
A BILL to amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense and dismissal of charges, so as to expand the types of crimes that may be eligible for conditional discharge; to provide for a definition; to provide for judicial discretion; to amend Titles 15,16,17,40, and 42 of the Official Code of Georgia Annotated, relating respectively to courts, crimes and offenses, criminal procedure, motor vehicles and traffic, and penal institutions, so as to correct cross-references; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1476. By Representatives Fleming of the 79th, Channell of the 77th, O`Neal of the 117th, Campbell of the 39th, Parrish of the 102nd and others:
A BILL to amend Code Section 9-10-31 of the Official Code of Georgia Annotated, relating to actions against certain codefendants residing in different counties, so as to change provisions relating to venue in actions involving joint or joint and several tort-feasors; to provide for transfer of cases in certain circumstances; and for other purposes.

Referred to the Committee on Judiciary.

HR 1262. By Representative Anderson of the 100th:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke j Veterans Parkway; and for other purposes.

2/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1262. This notice is made prior to or upon reading the Resolution the first time.

FRIDAY, FEBRUARY 13, 2004

839

/s/ Representative Anderson District 100

Referred to the Committee on Transportation.

HR 1263. By Representative Greene of the 134th:
A RESOLUTION urging departments and agencies of the State of Georgia to engage the services of independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts; and for other purposes.

Referred to the Committee on State Institutions & Property.

HR 1264. By Representatives Keen of the 146th, Richardson of the 26th, Jamieson of the 22nd, Houston of the 139th, Rogers of the 20th and others:
A RESOLUTION proposing an amendment to the Constitution so as to eliminate the provisions requiring the funding of education by ad valorem taxation and provide for replacement fundings through the imposition of a state sales and use tax at a rate not to exceed 3 percent, as determined by the General Assembly; and for other purposes.

2/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1264. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Keen District 146

Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HR 1265. By Representatives Keen of the 146th, Richardson of the 26th, Jamieson of the 22nd, Houston of the 139th, Rogers of the 20th and others:
A RESOLUTION proposing an amendment to the Constitution so as to eliminate the provisions requiring the funding of education by ad valorem taxation and provide for replacement fundings through the imposition of a state sales and use tax at a rate not to exceed 3 percent, as determined by the General Assembly; and for other purposes.

Referred to the Committee on Ways & Means.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1436 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1447 HB 1448 HB 1449 HB 1450 HB 1451

HB 1452 HB 1453 HB 1454 HR 1255 HR 1256 HR 1257 HR 1258 SB 441 SB 442 SB 444 SB 456 SB 461 SB 470 SR 651 SR 652

Pursuant to Rule 52, Representative Bannister of the 70th, Post 1 moved that the following Bill of the House be engrossed:

HB 1436. By Representatives Bannister of the 70th, Post 1, Williams of the 4th, Snow of the 1st, Maddox of the 59th, Post 2, Walker of the 115th and others:
A BILL to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to change

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841

certain provisions regarding the special 1 percent county sales and use tax; to extend the maximum period of time such tax can be levied; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes.

The motion prevailed.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1310 Do Pass, by Substitute

Respectfully submitted,

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/s/ Holmes of the 48th, 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1194 Do Pass, by Substitute

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:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 211 Do Pass, by Substitute HB 1185 Do Pass, by Substitute

HB 1285 Do Pass SB 411 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

The following report of the Committee on Rules was read and adopted:

FRIDAY, FEBRUARY 13, 2004

843

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 13, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

HB 210 HB 1027

Condominiums; clarification of provisions Peace Officers' Annuity and Benefit; creditable service for certain prior service

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 240. By Senators Hudgens of the 47th, Johnson of the 1st, Starr of the 44th, Thomas of the 54th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 298. By Senators Seabaugh of the 28th, Collins of the 6th, Tanksley of the 32nd and Starr of the 44th:

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A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide for the Georgia Superior Court Clerks Cooperative Authority to collect and report statistical information; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1104. By Representative Sims of the 130th:
A BILL to provide that future elections for the office of probate judge of Coffee County shall be nonpartisan elections; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 240. By Senators Hudgens of the 47th, Johnson of the 1st, Starr of the 44th, Thomas of the 54th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 13, 2004

845

SB 298. By Senators Seabaugh of the 28th, Collins of the 6th, Tanksley of the 32nd and Starr of the 44th:
A BILL to be entitled an Act to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide for the Georgia Superior Court Clerks Cooperative Authority to collect and report statistical information; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 418. By Senators Unterman of the 45th, Collins of the 6th, Johnson of the 1st, Balfour of the 9th, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the crime of female genital mutilation; to provide for penalties; to provide for exceptions; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

The Speaker Pro Tem assumed the Chair.

Representative Williams of the 61st, Post 2 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.

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The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1283. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, Channell of the 77th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION honoring Mrs. Mary Sallie Clark Hughes and inviting her to appear before the House of Representatives; and for other purposes.

HR 1284. By Representatives Heard of the 70th, Post 3, Bannister of the 70th, Post 1, Dix of the 70th, Post 2 and Floyd of the 69th, Post 2:
A RESOLUTION commending Miss Diana DeGarmo and inviting her to appear before the House of Representatives; and for other purposes.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1070. By Representatives Hugley of the 113th, Randall of the 107th, Thomas Morgan of the 33rd, Post 2, Smyre of the 111th, James of the 114th and others:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 16, 2004, and inviting National Committee Chair, Ferial S. Bishop, to appear before the House of Representatives; and for other purposes.

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 208. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners' Association Act," so as to clarify the definition of "lots"; to clarify the definition of "lot owner"; to clarify the definition of "property owners' development"; to clarify

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847

enforcement powers; to clarify voting procedures for multiple-owner units; to conform proxy requirements to other provisions of the law; and for other purposes.

The following Committee substitute was read and adopted:

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 change certain definitions; to clarify voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to change provisions relating to amending instruments; to clarify incorporated names of associations; to clarify meeting quorum requirements; to clarify requirements for calling meetings; to change procedures for judicial foreclosure; to clarify applicability of this article; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Owners Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inserting in lieu thereof the following:
"(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context indicates or requires, the term lot includes any structure on the lot. With respect to a property owners development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 443-71, shall be deemed a separate lot." "(18) 'Property owners development' or 'development' means real property containing both which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article."
SECTION 2. Said article is further amended by striking Code Section 44-3-224, relating to voting at association meetings, and inserting in lieu thereof the following:
"44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent,

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that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-724 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 3. Said article is further amended by striking subsection (b) of Code Section 44-3-225, relating to assessment of expenses, and inserting in lieu thereof the following:
"(b) No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuser, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."
SECTION 4. Said article is further amended by striking subsections (a), (b), and (c), of Code Section 44-3-226, relating to amendment of instruments, and inserting in lieu thereof the following:
"(a) Except to the extent expressly permitted or required by other provisions of this article, or as otherwise provided in the declaration, the instrument declaration shall be amended only by the agreement of lot owners of lots to which two-thirds of the eligible votes in the association pertain or such larger majority as the instrument may specify; provided, however, that, to the extent provided in the declaration, during any such time as there shall exist an unexpired option to add any additional property to the property ownersassociation or during any such time as the declarant has the right to control the association under the instrument the declarant shall own at least one lot primarily for the purpose of the sale of such lot, the agreement shall be that of the declarant and the lot owners of lots to which two-thirds the required percentage of the eligible votes in the association, as specified in the declaration, pertain, exclusive of any vote or votes appurtenant to any lot or lots then owned by the declarant, or a larger majority as the

FRIDAY, FEBRUARY 13, 2004

849

instrument may specify. Notwithstanding any other provisions of this subsection, during such time as the declarant shall own at least one lot primarily for the purpose of sale of such lot, no amendment shall be made to the instrument without the written agreement of the declarant if such amendment would impose a greater restriction on the use or development by the declarant of the lot or lots owned by the declarant. For the purposes of this Code section, eligible votes shall include only the votes of owners whose voting rights have not been suspended in accordance with the declaration or bylaws. (b) No amendment of an instrument shall require approval of lot owners to which more than 80 percent of the association vote pertains and the mortgagees holding 80 percent of the voting interest of mortgaged lots; any property owners association which exists prior to July 1, 1994, and amends its documents to avail itself of the provisions of this article shall be deemed to have amended the association instrument to conform to this limitation. This subsection shall not be deemed to eliminate or modify any right of the declarant provided for in the instrument to approve amendments to the instrument so long as the declarant owns any lot primarily for the purpose of sale and, furthermore, this Code section shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article. (c) Except to the extent expressly permitted or required by other provisions of this article, or agreed upon or permitted by the instrument concerning submission of additional property to this article by the declarant or the association, or agreed upon by all lot owners and the mortgagees of all lots, no amendment to the instrument shall change the boundaries of any lot, the number of votes in the association pertaining thereto, or the allocation of liability for common expenses pertaining thereto; provided, however, this Code section shall not preclude lot owners from relocating lot boundaries or combining or subdividing lots to the extent authorized in the instrument. Unless otherwise provided in the instrument, the total allocation of votes in the association and liability for common expenses pertaining to such lots shall not be affected by a relocation of boundaries or subdivision or combination of lots in accordance with this Code section."
SECTION 5. Said article is further amended by striking subsection (a) of Code Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or

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desirable for the proper management and administration of the association. The term 'member' shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner."
SECTION 6. Said article is further amended by striking Code Section 44-3-228, relating to presence of quorums at meetings, and inserting in lieu thereof the following:
"44-3-228. Unless the instrument provides or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument specifies or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board in that body are present at such meeting."
SECTION 7. Said article is further amended by striking Code Section 44-3-230, relating to frequency of meetings, and inserting in lieu thereof the following:
"44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners."
SECTION 8. Said article is further amended by striking subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to

FRIDAY, FEBRUARY 13, 2004

851

the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three four years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice after the assessment or installment first became due and payable."
SECTION 9. Said article is further amended by striking subsection (b) of Code Section 44-3-235, relating to applicability of the article and inserting in lieu thereof the following:
"(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act.' Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221."
SECTION 10. All laws and parts of law 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 90, nays 4.
The Chair voted "aye".
On the passage of the Bill, by substitute, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 210. By Representatives Fludd of the 48th, Post 4, Moraitakis of the 42nd, Post 4, Oliver of the 56th, Post 2, Stephenson of the 60th, Post 1, Hill of the 81st and others:
A BILL to amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to clarify the relevant date of recording of condominium instruments; to clarify the definition of "unit owner"; to clarify requirements for identifying recorded plats on amendments for expandable condominiums; to clarify requirements for identifying recorded plans on amendments for expandable condominiums; to clarify the classification of pipes and vents; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change provisions relating to compliance with condominium instruments; to change provisions relating to allocation of votes in associations; to clarify liability for common expenses which may be assessed against owners; to clarify amendment procedures and requirements of condominium instruments; to change provisions relating to damage or destruction of units; to change provisions for calling meetings of the association; to change provisions relating to quorums at association or board meetings; 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 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in lieu thereof the following:
"44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided

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to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owners vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit."
SECTION 2. Said article is further amended by striking subsections (b) and (c) of Code Section 44-379, relating to the allocation of votes in the association, and inserting in lieu thereof the following:
"(b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that unit. However, if more than one of those persons is present or executes a proxy, ballot, or written consent, the vote pertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that unit without protest being made immediately by any of the others to the person presiding over the meeting or vote. (c) The votes pertaining to any unit may, and, in the case of any unit owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner or, in cases where the unit owner is more than one

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person, by or on behalf of the joint owners of the unit. No such proxy shall be revocable except as provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the association by the unit owner or by any joint owners of a unit. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."
SECTION 3. Said article is further amended by striking subsection (c) of Code Section 44-3-80, relating to the allocation of liability for common expenses, and inserting in lieu thereof the following:
"(c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) of this Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The allocation may be by percentage, fraction, formula, or any other method which indicates the relative liabilities for common expenses. If an equal liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated among the units depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however, that no reallocation shall affect any assessment or installation thereof becoming due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. Notwithstanding any unequal allocation of liabilities for common expenses pursuant to this subsection, this provision shall not preclude the association from levying charges equally among units for services or items provided to owners upon request, or which provide proportionate or uniform benefit to the units, including, but not limited to, uniform charges for pool keys or other common element entry devices."
SECTION 4. Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 44-3-93, relating to amendment of condominium instruments, and inserting in lieu thereof the following:
"(a)(1) Except to the extent expressly permitted or required by other provisions of this article or as otherwise provided in the condominium instruments, the condominium instruments shall be amended only by the agreement of unit owners of units to which two-thirds of the eligible association vote pertains votes in the association pertain or such larger majority as the condominium instruments may specify; provided, however, that, during any such time as there shall exist an unexpired option to add any additional property to the condominium or during any such time as the declarant has the right to control the association pursuant to Code Section 44-3-101, the agreement shall be that of the declarant and the unit owners of units to which two-

FRIDAY, FEBRUARY 13, 2004

855

thirds the required percentage of the votes in the association pertain eligible association vote pertains, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, or a larger majority as the condominium instruments may specify. For the purposes of this paragraph, eligible votes shall include only the votes of members whose voting rights have not been suspended in accordance with the condominium instruments or bylaws."
SECTION 5. Said article is further amended by striking Code Section 44-3-94, relating to damage or destruction of units, and inserting in lieu thereof the following:
"44-3-94. Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. As to insurance required to be maintained by the association under this article and to To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $1,000.00 $2,500.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section."
SECTION 6. Said article is further amended by striking Code Section 44-3-102, relating to meetings of the association, and inserting in lieu thereof the following:
"44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the associations bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990,

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shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally, or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners."
SECTION 7. Said article is further amended by striking Code Section 44-3-103, relating to quorums at meetings of the association or board, and inserting in lieu thereof the following:
"44-3-103. Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if percentage, the presence of persons entitled to cast one-half of the votes in that body are present of the board of directors shall constitute a quorum for the transaction of any business at any meeting of the board."
SECTION 8. Said article is further amended by striking subsection (c) of Code Section 44-3-109, relating to a lien for assessments, and inserting in lieu thereof the following:
"(c) Not less than ten 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accrued accruing thereon. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more

FRIDAY, FEBRUARY 13, 2004

857

than three years prior to the date upon which the notice contemplated in this subsection is given or more than three years prior to the institution of an action therefor if an action is not instituted within 90 days after the giving of the notice four years after the assessment or installment first became due and payable."
SECTION 9. All laws and parts of law in conflict with this act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1027 was postponed until Monday, February 16, 2004.

By unanimous consent, HB 1221 having been previously postponed, was again postponed until Monday, February 16, 2004.

By unanimous consent, HB 79 having been previously postponed, was again postponed until Monday, February 16, 2004.

The following Resolutions of the House were read and adopted:

HR 1285. By Representative Marin of the 66th: A RESOLUTION commending Vivelo 2004; and for other purposes.

HR 1286. By Representatives Jenkins of the 93rd and McCall of the 78th:
A RESOLUTION commemorating the 225th anniversary of the Battle of Kettle Creek and commending the Kettle Creek Chapter of the Georgia Society, Daughters of the American Revolution; and for other purposes.

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HR 1287. By Representative Drenner of the 57th:
A RESOLUTION recognizing National Eating Disorders Awareness Week; and for other purposes.

HR 1288. By Representatives Greene of the 134th, Hanner of the 133rd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A RESOLUTION recognizing and commending Honorable Charles Ferguson; and for other purposes.

HR 1289. By Representative Lewis of the 12th:
A RESOLUTION recognizing the Cartersville/Bartow Chamber of Commerce and March 2, 2004, as "Cartersville/Bartow Chamber of Commerce Day" at the capitol; and for other purposes.

HR 1290. By Representative Lewis of the 12th:
A RESOLUTION honoring and rememberinig the life of William Raney; and for other purposes.

HR 1291. By Representative Greene of the 134th:
A RESOLUTION commending Eckerd Youth Alternatives on its over 35 years of community involvement; and for other purposes.

HR 1292. By Representative Birdsong of the 104th:
A RESOLUTION commending and recognizing the life of Mr. James A. "Jimmy" Bowman; and for other purposes.

HR 1293. By Representatives Holmes of the 48th, Post 1, Fludd of the 48th, Post 4, Williams of the 61st, Post 2, Bruce of the 45th, Beasley-Teague of the 48th, Post 2 and others:

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859

A RESOLUTION recognizing and commending the Ambassadors of Brookview Elementary School; and for other purposes.

HR 1294. By Representatives Williams of the 61st, Post 2, Mitchell of the 61st, Post 3, Sailor of the 61st, Post 1, James of the 114th and Cummings of the 19th:
A RESOLUTION commending Miss Corry McNamara for her selection as Georgia's top youth volunteer for 2004; and for other purposes.

HR 1295. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Newborn; and for other purposes.

HR 1296. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Bostwick; and for other purposes.

HR 1297. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Good Hope; and for other purposes.

HR 1298. By Representative Douglas of the 73rd:
A RESOLUTION commending and congratulating the City of Rutledge; and for other purposes.

HR 1299. By Representative Dollar of the 31st:
A RESOLUTION congratulating Ashley Elizabeth West and Matthew Paul Brigham on the occasion of their wedding; and for other purposes.

HR 1300. By Representative Hudson of the 95th:

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A RESOLUTION recognizing and commending M. E. Freeman Elementary School; and for other purposes.

HR 1301. By Representatives Noel of the 44th, Teper of the 42nd, Post 1, Harrell of the 54th, Black of the 144th and Hines of the 35th:
A RESOLUTION commending the Georgia Concrete and Products Association and its members; and for other purposes.

HR 1302. By Representative Hudson of the 95th:
A RESOLUTION commending Honorable Edith Ingram; and for other purposes.

HR 1303. By Representatives Stephens of the 124th, Post 2, Bordeaux of the 125th, Stephens of the 123rd and Williams of the 128th:
A RESOLUTION commending the New Hope Baptist Church, its congregation, and the Reverend Rufus H. Burns; and for other purposes.

HR 1304. By Representative Douglas of the 73rd:
A RESOLUTION commending Centennial Baptist Church, its congregation, and the Reverend Wilburn M. Hill; and for other purposes.

HR 1305. By Representative Douglas of the 73rd:
A RESOLUTION commending Sheriff Robert Markley and the members of the Morgan County Sheriff's Office; and for other purposes.

HR 1306. By Representative Douglas of the 73rd:
A RESOLUTION commending Sheriff Joseph Nichols and the members of the Newton County Sheriff's Office; and for other purposes.

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861

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1274 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 94th
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 158 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

862 HR 1261 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 16, 2004.

MONDAY, FEBRUARY 16, 2004

863

Representative Hall, Atlanta, Georgia Monday, February 16, 2004

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 Ashe Barnard Birdsong Black Boggs E Bordeaux Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coleman, B Cooper Crawford Cummings

E Day Dean Deloach Douglas Drenner Ehrhart Epps Fludd Forster Franklin Graves, D Graves, T Greene Hanner
E Harbin E Harper
Heard, J Heard, K Heath Hembree Hill, C Hill, C.A Hill, V Hines Houston Howard

Howell Hugley E Jackson Jamieson Jenkins, C.F Jones Jordan E Joyce Knox Lane Lewis Lord Lucas E Lunsford Mangham Manning Marin Martin Massey Maxwell McBee E Millar Mills Moraitakis Morris Mosby

Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Parrish Parsons Ralston Randall Reece, B Reece, S Rice Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sims Sinkfield Skipper

Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, E Stephenson Stokes Stoner Teilhet Teper Thomas, A.M Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Bannister of the 70th, Post 1; Barnes of the 84th, Post 2; Beasley-Teague of the 48th, Post 2; Benfield of the 56th, Post 1; Borders of the 142nd; Buckner of the 82nd; Bunn of the 63rd; Butler of the 88th, Post 1; Dodson of the 84th, Post 1; Dollar of the 31st; Dooley of the 33rd, Post 3; Dukes of the 136th; Elrod of the 25th; Fleming of the 79th; Floyd of the 132nd; Floyd of the 69th, Post 2; Gardner of the 42nd, Post 3; Golick of the 34th, Post 3; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Hudson of the 95th; James of the 114th; Jenkins of the 93rd; Keen of the 146th; Maddox of the 59th, Post 2; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Orrock of the 51st;

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Parham of the 94th; Porter of the 119th; Powell of the 23rd; Purcell of the 122nd; Ray of the 108th; Richardson of the 26th; Rogers of the 20th; Smith of the 76th; Smyre of the 111th; Stephens of the 123rd; and Walker of the 71st, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Sharen Kelly, St. John AME Church, Columbus, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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865

HB 1477. By Representatives Mobley of the 58th, Thomas of the 43rd, Post 1 and Anderson of the 100th:
A BILL to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to enact the "Amirah Joyce Adem Act;" to create the offense of female genital mutilation; to provide a penalty; to provide that certain acts shall not constitute affirmative defenses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1478. By Representatives Dodson of the 84th, Post 1, Martin of the 37th, Bannister of the 70th, Post 1, Wix of the 33rd, Post 1, Bruce of the 45th and others:
A BILL to amend Code Section 33-30-4.3 of the Official Code of Georgia Annotated, relating to utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds, so as to permit a health maintenance organization to utilize a licensed Georgia pharmacy that is owned and operated by such health maintenance organization to distribute refills of prescription drugs by mail or other common carrier for its enrollees only; and for other purposes.

Referred to the Committee on Insurance.

HB 1479. By Representatives Mosby of the 59th, Post 3, Royal of the 140th, Bruce of the 45th, Stephenson of the 60th, Post 1, Dodson of the 84th, Post 1 and others:
A BILL to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property exempt from seizure for purposes of bankruptcy, so as to increase the amount of the homestead exemption for a debtor's residence; and for other purposes.

Mr. Clerk:

2/13/2004

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1479. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Mosby District 59, Post 3

Referred to the Committee on Judiciary.

HB 1480. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Mosley of the 129th, Post 1, Smith of the 129th, Post 2, Forster of the 3rd, Post 1 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 peace officer taking temporary custody of a child who has left school or an official field trip without authorization; to provide for disposition of such a child; and for other purposes.

Referred to the Committee on Education.

HB 1481. By Representatives Smith of the 87th and Powell of the 23rd:
A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detail maps and certain other information to be maintained; to require that such communities be open to the public on election days; and for other purposes.

2/13/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1481. This notice is made prior to or upon reading the Bill the first time.

MONDAY, FEBRUARY 16, 2004

867

/s/ Representative Smith District 87

Referred to the Committee on Governmental Affairs.

HB 1482. By Representatives Rogers of the 20th, Reece of the 21st and Jenkins of the 8th:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a duty of passengers in vehicles to warn drivers against certain conduct; to provide for a misdemeanor and driver's license suspension when passengers fail to warn the driver in certain circumstances; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1483. By Representatives Mobley of the 58th and Marin of the 66th:
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 provide for a driver's license for certain persons who are not citizens of the United States; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to change certain provisions relating to the duty to furnish information about the obligor to the department; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1484. By Representatives Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to change provisions relating to the challenges for cause; to change provisions relating to challenges for cause in civil cases; to change provisions relating to questions on voir dire and setting aside juror for cause; and for other purposes.

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Referred to the Committee on Judiciary.

HB 1485. By Representatives Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1:
A BILL to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to amend certain provisions relating to court supervision fees; and for other purposes.

Referred to the Committee on Judiciary.

HB 1486. By Representatives Chambers of the 53rd, Snow of the 1st, Forster of the 3rd, Post 1, Hill of the 81st and Bridges of the 7th:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the adoption in concert by certain local governments of resolutions providing for mutual crossjurisdictional duties, powers, and arrest authority of law enforcement officers; to provide for the content of such resolutions; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1487. By Representatives Thomas Morgan of the 33rd, Post 2, Stephenson of the 60th, Post 1, Bruce of the 45th, Thomas of the 43rd, Post 1, Sinkfield of the 50th and others:
A BILL to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to eliminate the mandatory minimum punishment for certain persons convicted of certain serious violent offenses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1488. By Representatives Smith of the 129th, Post 2, Hill of the 147th, Mosley of the 129th, Post 1, Williams of the 128th, Stephens of the 123rd and others:

MONDAY, FEBRUARY 16, 2004

869

A BILL to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to change certain provisions relating to use of crab traps, identification of boats or vessels, and authorization for closure of salt waters; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1489. By Representatives Oliver of the 121st, Post 2, Oliver of the 56th, Post 2, Hill of the 81st, Mosby of the 59th, Post 3, Thomas of the 43rd, Post 1 and others:
A BILL to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, so as to clarify bond conditions for family violence offenses; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1490. By Representatives Thomas Morgan of the 33rd, Post 2, Stokes of the 72nd, Oliver of the 56th, Post 2, Bruce of the 45th and Sinkfield of the 50th:
A BILL to amend Code Section 5-7-1 of the Official Code of Georgia Annotated, relating to orders, decisions, or 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, so as to change certain provisions relating to the committal of a person under the age of 17 convicted of a felony; and for other purposes.

Referred to the Committee on Judiciary.

HB 1491. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:

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A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to amend Code Section 50-21-22 of the Official Code of Georgia Annotated, relating to definitions regarding state tort claims, so as to revise the definition of "state officer or employee"; and for other purposes.

2/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1491. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Industrial Relations.

HB 1492. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental entities; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for attorney's fees for malpractice litigation; to provide for the establishment of rules and regulations; to provide for applicability; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to amend Code Section 50-21-22 of the Official Code of Georgia Annotated, relating to

MONDAY, FEBRUARY 16, 2004

871

definitions regarding state tort claims, so as to revise the definition of "state officer or employee"; and for other purposes.

Referred to the Committee on Industrial Relations.

HR 1307. By Representatives Manning of the 32nd, Shaw of the 143rd, Stephens of the 123rd, Epps of the 90th, Coleman of the 118th and others:
A RESOLUTION urging and requesting the Department of Human Resources and the Department of Community Health to take certain actions with respect to certain services for people with certain disabilities; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1308. By Representatives Barnes of the 84th, Post 2, Stokes of the 72nd, Howell of the 92nd, Jones of the 38th, Sheldon of the 71st, Post 2 and others:
A RESOLUTION ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 1309. By Representatives Bannister of the 70th, Post 1, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Buckner of the 82nd, Hill of the 16th and others:
A RESOLUTION creating the Joint Study Committee on Tobacco Tax Evasion; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1310. By Representatives Westmoreland of the 86th, Smith of the 87th, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:

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A RESOLUTION designating the Alan Jackson Highway; and for other purposes.

2/13/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1310. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Westmoreland District 86

Referred to the Committee on Transportation.

HR 1311. By Representatives Westmoreland of the 86th, Smith of the 87th, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

2/13/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1311. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Westmoreland District 86

Referred to the Committee on Transportation.

HR 1312. By Representatives Thomas of the 43rd, Post 1, Bruce of the 45th, Orrock of the 51st, Dean of the 49th and Sinkfield of the 50th:

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873

A RESOLUTION expressing support for the establishment of the Bringing America Home Act, which is a comprehensive bill to end homelessness that addresses issues of affordable housing, livable income, civil rights protections, and health care for all; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1313. By Representatives Mills of the 67th, Post 2, Richardson of the 26th, Forster of the 3rd, Post 1, Barnard of the 121st, Post 1, Roberts of the 131st and others:
A RESOLUTION urging the United States Senate to support a floor vote for President Bush's judicial nominees; and for other purposes.

Referred to the Committee on Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1455 HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HB 1464 HB 1465 HB 1466 HB 1467 HB 1468 HB 1469

HB 1470 HB 1471 HB 1472 HB 1473 HB 1474 HB 1475 HB 1476 HR 1262 HR 1263 HR 1264 HR 1265 SB 240 SB 298 SB 418

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

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HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department or Revenue and the Department of Administrative Services; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th 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 compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Beasley-Teague of the 48th, Post 2 moved that the following Bill of the House be engrossed:

HB 1460. By Representatives Beasley-Teague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2, McClinton of the 59th, Post 1, Epps of the 90th and Parham of the 94th:
A BILL to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to

MONDAY, FEBRUARY 16, 2004

875

change certain provisions regarding the exclusion applicable to military income; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd:
A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer information; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Anderson of the 100th moved that the following Resolution of the House be engrossed:

HR 1262. By Representative Anderson of the 100th:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke j Veterans Parkway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Keen of the 146th moved that the following Resolution of the House be engrossed:

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HR 1264. By Representatives Keen of the 146th, Richardson of the 26th, Jamieson of the 22nd, Houston of the 139th, Rogers of the 20th and others:
A RESOLUTION proposing an amendment to the Constitution so as to eliminate the provisions requiring the funding of education by ad valorem taxation and provide for replacement fundings through the imposition of a state sales and use tax at a rate not to exceed 3 percent, as determined by the General Assembly; and for other purposes.

The motion prevailed.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1180 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 112th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1260 Do Pass

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877

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1115 Do Pass HB 1439 Do Pass HB 1440 Do Pass

HB 1449 Do Pass SB 389 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 16, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

HB 480 HB 486 HB 1170 HB 1174 HB 1234 HB 1238

Employees' Retirement; certain members; purchase additional years Developmental Highway System; road corridors; change description Tax sales; redemption of property; amend provisions Uniform Standards Code for Manufactured Homes Act; enact Meat, poultry, seafood; mobile sale vehicles; license expiration Sales tax exemption; overhead materials; certain government contractors

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HB 1278 HB 1303

Workers' compensation; certain claimants; appointment of guardian Perfection of hospital, nursing home, and traumatic burn care medical practice liens; change certain provisions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1115. By Representative Stephens of the 123rd:
A BILL to create the Garden City Area 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 Garden 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 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1439. 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 placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 140, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1440. 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 the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes.

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 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1449. By Representative Porter of the 119th:
A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such 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 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 389. By Senator Blitch of the 7th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5029), so as to provide for staggered terms of office for members of

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the board of commissioners; to provide for transition terms of office; to provide for related matters; to provide for the submission of this Act for preclearance; 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 140, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 467. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd, Johnson of the 1st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to 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 provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; 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.
SB 499. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4682), so as to provide for the election of members of the board in partisan elections; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965,

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881

as amended; to provide for a nonbinding advisory referendum; 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 1120. By Representative Parrish of the 102nd:
A BILL to amend an Act relating to the board of commissioners of Johnson County, so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; and for other purposes.
HB 1121. By Representative Parrish of the 102nd:
A BILL to provide for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected; 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 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.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

SB 467. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd, Johnson of the 1st, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to 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 provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under

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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.

2/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SB 467. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Willard District 40

Referred to the Committee on Judiciary.

SB 499. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4682), so as to provide for the election of members of the board in partisan elections; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a nonbinding advisory referendum; 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 Skipper of the 116th arose to a point of personal privilege and addressed the House.

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

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883

Representative Thomas of the 33rd, Post 2 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 1260. By Representatives Williams of the 61st, Post 2, Cummings of the 19th, Holmes of the 48th, Post 1, Bruce of the 45th and Reece of the 11th:
A RESOLUTION inviting the officers of the Georgia Association of Educators to appear before the House of Representatives; and for other purposes.

HR 1261. By Representatives Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2, Hugley of the 113th, Stephens of the 124th, Post 2, Fludd of the 48th, Post 4 and others:
A RESOLUTION commending the Georgia Federation of Teachers and inviting their officers to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1316. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3, Borders of the 142nd, Howell of the 92nd and Henson of the 55th:
A RESOLUTION honoring and expressing appreciation to Dr. Kenneth H. Breeden, commissioner of the Georgia Department of Technical and Adult Education, on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

HR 1317. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:

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A RESOLUTION inviting the coaches and members of the State University of West Georgia cheerleaders to appear before the House of Representatives; and for other purposes.

HR 1318. By Representatives Smith of the 76th and McBee of the 74th:
A RESOLUTION commending Joseph Stunzi upon being selected America's Top Young Scientist of the Year and inviting him to appear before the House of Representatives; and for other purposes.

HR 1319. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION commending the Carrollton High School Competitive Cheerleading Squad and its coaches on their Class AAA State Championship and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

HR 1320. By Representatives Dukes of the 136th, Roberts of the 135th and Rynders of the 137th:
A RESOLUTION declaring February 17, 2004, as Albany-Dougherty County Day at the state capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives; and for other purposes.

HR 1321. By Representatives McClinton of the 59th, Post 1, Coleman of the 118th, Holmes of the 48th, Post 1, Brooks of the 47th, Mosby of the 59th, Post 3 and others:
A RESOLUTION commending the Youth Art Connection of the Boys and Girls Club of Metro Atlanta, Global Achievers, Inc., the British ConsulateGeneral, and a visiting group from Bradford, England and inviting them to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

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885

HB 1303. By Representative Jamieson of the 22nd:
A BILL to amend code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, so as to change certain provisions regarding notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 44-14-471 of the Official Code of Georgia Annotated, relating to the perfection of hospital, nursing home, and traumatic burn care medical practice liens, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, or provider of traumatic burn care medical practice:
(1) Within 30 days after the person has been discharged therefrom, shall Shall, not less than 30 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimants knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets of the patient and is not evidence of the patients failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 15 30 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital, nursing home, or provider of traumatic burn care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, or provider of traumatic burn care medical

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practice; the name and location of the hospital, nursing home, or provider of traumatic burn care medical practice and the name and address of the operator thereof; the dates of admission and discharge of the patient therefrom; and the amount claimed to be due for the hospital, nursing home, or provider of traumatic burn care medical practice care."
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 E Bordeaux Y Borders Y Bridges Y 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 Coleman, B Y Cooper

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 E Harbin Y Harper E 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
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott

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 Morgan Y Thomas, A.M Y Thompson 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

MONDAY, FEBRUARY 16, 2004

Y Henson Y Hill, C

Y Millar Y Mills

Shaw Y Sheldon

887
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.

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.

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 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers Annuity and Benefit Fund, so as to change the composition of the board of commissioners of such fund; to provide for creditable service for certain prior service; to provide for an employees contribution; to provide for application and conditions; to provide for funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers Annuity and Benefit Fund, is amended by striking in its entirety subsection (a) of Code Section 47-17-20, relating to membership of the board, manner of appointment,

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filling of vacancies, reimbursement of expenses, election of officers, and quorum, and inserting in lieu thereof the following:
"(a) In order to carry out this chapter and to perform the duties fixed in it, there is created the Board of Commissioners of the Peace Officers Annuity and Benefit Fund. The board shall be composed of six eight members, as follows:
(1) The Governor or the Governors designee; (2) An appointee of the Governor who is not the Attorney General; (3) The Commissioner of Insurance or the Commissioners designee; (4) A peace officer actively employed by an agency of the state or a retired peace officer who was employed by an agency of the state upon retirement; (5) A peace officer actively employed by a county or a retired peace officer who was employed by a county upon retirement; and (6) A peace officer actively employed by a municipality or a retired peace officer who was employed by a municipality upon retirement; (7) An appointee of the Lieutenant Governor; and (8) An appointee of the Speaker of the House of Representatives."
SECTION 2. Said chapter is further amended by inserting immediately following Code Section 47-1770 the following:
"47-17-71. Any active member of the fund on July 1, 2004, and any person who becomes an active member after such date, may obtain creditable service for prior service as a peace officer rendered prior to January 1, 1976. A member wishing to establish such creditable service shall pay an employees contribution in an amount equal to $10.00 for each month of such service sought. In order to obtain such creditable service, the member must make written application to the board of trustees no later than December 31, 2004, and provide the board of trustees with such proof of prior service as the board of trustees deems necessary. A member shall be entitled to obtain the creditable service provided by this Code section without regard to the amount of membership service he or she has accrued."
SECTION 3. The General Assembly shall appropriate funds necessary to fund concurrently the provisions of this Act.
SECTION 4. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Section 2 of this Act and in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

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889

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 E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs E 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

E Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
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
Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
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 Morgan Y Thomas, A.M Y Thompson 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 3.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Rogers of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1238. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; and for other purposes.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs E Bordeaux Y Borders Y Bridges Y Brock
Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y 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 Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice

Y 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, FEBRUARY 16, 2004

Y Hanner E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y 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 Y Mills

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

891
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 480. By Representatives Cummings of the 19th and McBee of the 74th:
A BILL to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system who has at least 25 years of creditable service may obtain creditable service by paying the full actuarial value of such service; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service by paying the full actuarial value of such service; to provide that application for such service shall be made at the time of retirement; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of

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Georgia, is amended by inserting at the end thereof the following: "47-2-100. (a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must: (1) Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the members application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (b) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) of this Code section."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Cummings of the 19th, was read and adopted:

A BILL
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service by paying the full actuarial value of such service; to provide that application for such service shall be made at the time of retirement; to provide a limitation on the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 16, 2004

893

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees Retirement System of Georgia, is amended by inserting at the end thereof the following:
"47-2-100. (a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1) Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the members application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (b) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) of this Code section. (c) No creditable service obtained pursuant to this Code section shall be used to calculate the amount of creditable service required to qualify for a benefit under any provision of this chapter."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs E 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

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 E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce
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

Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray
Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y 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 Morgan Y Thomas, A.M Y Thompson 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1174. By Representatives Sims of the 130th, Boggs of the 145th and Stokes of the 72nd:
A BILL to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; and for other purposes.

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The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and mobile homes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking in its entirety Part 2, relating to manufactured homes, and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
8-2-130. This part shall be known and may be cited as 'The Uniform Standards Code for Manufactured Homes Act.'
8-2-131. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-160. (3) 'Lending institutions' means lenders that acquire manufactured or mobile homes incident to their regular business, including national and state chartered banks, federal and state chartered credit unions, lenders that are licensed under Article 13 of Chapter 1 of Title 7, and lenders that are involved in manufactured or mobile home chattel lending. (3)(4) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban

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development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (4)(5) 'Manufacturer' means any person who constructs or assembles manufactured housing homes. (5)(6) 'Mobile home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. (7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof. (8) 'Retail broker' means any person engaged in the business of selling or offering for sale to consumers three or more new or used manufactured or mobile homes in a 12 month period and who does not maintain a display of manufactured or mobile homes. As used in this paragraph, the terms 'selling' and 'sale' include lease-purchase transactions, and the term 'retail broker' does not include lending institutions. (9) 'Retailer' (2) 'Dealer' means any person who sells or offers for sale engaged in the business of selling or offering for sale to consumers three or more new or used manufactured homes or mobile homes in a 12 month period and who maintains a display of manufactured or mobile homes. Such term shall not include a person who sells or offers for sale one or more manufactured homes or mobile homes in conjunction with the transfer of an interest in land. As used in this paragraph, the terms 'selling' and 'sale' include lease-purchase transactions, and the term 'retailer' does not include lending institutions.
8-2-132. (a) Because of the manner of construction, assembly, and use of manufactured homes and their systems, components, and appliances (including heating, plumbing, and electrical systems), these types of dwellings may, like other finished products having concealed vital parts, present hazards to the health, life, and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. Accordingly, it is the policy and purpose of this state to provide protection to the public against those possible hazards and, for that purpose, to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide reasonable safety and protection to their owners and users. The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of the state; any county, municipality, or local government

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of the state, or any combination of same; any public or private corporation, firm, or any persons whatsoever; or any public authority, agency, commission, or institution to participate in the enforcement of manufactured home construction and safety standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provided, however, that the Commissioner shall notify the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement which termination shall become effective on July 1 of the following year. (b) The Commissioner is authorized and directed to investigate and examine engineering and construction practices and techniques; the properties of construction materials used in the construction and assembly of manufactured homes; electrical, plumbing, heating, and other systems and appliances used in manufactured homes; fire prevention and protective techniques; and other measures to promote the safety of persons and property and to protect the health of users of manufactured homes. It is the policy of this state and purpose of this part to forbid the manufacture and sale of new manufactured homes which are not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (c) The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his or her judgment are necessary and desirable to make effective the construction standards so established by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (d) The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of this state; any county, municipality, or local government of the state, or any combination of same; any public or private corporation, firm, or any persons whatsoever; or any public authority, agency, commission, or institution, as may be necessary to implement his responsibilities under this part, to further the stated policy and purposes thereof, or to participate in the enforcement of manufactured home construction and safety standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-133. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, the Commissioner The Commissioner is charged with the administration of this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner

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may also make such investigations and inspections as in his or her judgment are necessary to enforce and administer this part.
8-2-134. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, no No person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its components, systems, and appliances have been constructed and assembled in accordance with rules issued by the Commissioner for the purpose of affording reasonable protection to persons and property with respect to the construction, assembly, and sale of such manufactured homes and unless compliance with such rules is shown in the manner required by the Commissioners rules.
8-2-135. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132:
(a)(1) Every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license.; (b)(2) Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license.; (c)(3) Every dealer retailer and retail broker who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license.; (d)(4) Applications for licenses and renewal licenses shall be obtained from the Commissioner and submitted to him on or before January 1 of each year. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be complied with as set forth in this part and in the rules and regulations of the Commissioner.; and (e)(5) The license and renewal license fee shall be $200.00 $300.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $200.00 $300.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $100.00 $200.00 per dealer retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee.
8-2-135.1. (f)(a) During such time as the Commissioners office is acting as a the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured

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homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $20.00 for each certification label, as defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. applied as follows: $15.00 for each single-wide unit; $20.00 for each double-wide unit with two transportable sections; and $25.00 for each triple-wide unit with three transportable sections. For any reinspection, a $10.00 additional fee shall be charged. (g)(b) During such time as the Commissioners office is acting as a primary inspection the state administrative agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., the Commissioner may adopt a monitoring inspection fee not to exceed the amount established by the secretary of housing and urban development. This a monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in Georgia for each manufactured home manufactured in this state. The monitoring inspection fee shall be paid by the manufacturer to the secretary of housing and urban development the United States Department of Housing and Urban Development or to the secretarys agent for distribution in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., and the regulations promulgated thereunder.
8-2-136. Each manufacturer, distributor, and dealer retailer, retail broker, and installer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or the secretary of housing and urban development the United States Department of Housing and Urban Development may reasonably require in order to be able to determine whether the manufacturer, distributor, or dealer retailer, retail broker, or installer has acted or is acting in compliance with this part or with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Upon the request of a person duly designated by the Commissioner or the secretary of housing and urban development the United States Department of Housing and Urban Development, each manufacturer, distributor, and dealer retailer, retail broker, and installer shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer retailer, retail broker, or installer has acted or is acting in compliance with this part or with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-137. (a) Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 of Title

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50, the 'Georgia Administrative Procedure Act.' (b) The Commissioner shall be authorized to determine by regulation the manner in which he or she will conduct presentations of views as required during his or her participation as the Georgia State Administrative Agency state administrative agency pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (c) The Commissioner may, through regulations, establish a dispute resolution program in compliance with 42 U.S.C. Section 5422, the National Manufactured Housing Construction and Safety Standards Act of 1974.
8-2-138. Dealers During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, retailers, retail brokers, and installers are expressly prohibited from altering or modifying any manufactured home certified under this part and under the rules and regulations of the Commissioner, except that alterations, changes, or modifications may be made by dealers retailers, retail brokers, or installers certified to make such alterations, changes, or modifications in accordance with rules and regulations promulgated by the Commissioner.
8-2-139. (a) No person may interfere with, obstruct, or hinder an authorized representative of the Commissioner who displays proper department credentials in the performance of his or her duties as set forth in this part. (b) The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter and inspect all facilities, warehouses, or establishments in the State of Georgia in which manufactured homes are manufactured. (c) The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which manufactured homes are being sold.
8-2-140. Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the manufactured home complies with this part and the rules and regulations promulgated hereunder, provided that the manufactured home has been manufactured in this state or has been transported into this state for the purpose of sale within this state.

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8-2-141. (a) During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, any retailer, retail broker, Any dealer or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a civil monetary penalty not to exceed $100.00 for each day that such violation persists, except that the maximum civil monetary penalty shall not exceed $20,000.00 for any one violation. (b) Any such civil monetary penalty may be imposed by the Commissioner only after notice and opportunity for hearing as provided for in Code Section 8-2-137. under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state. (c) In addition to any such civil monetary penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.
8-2-142. If any state or foreign country imposes upon Georgia-domiciled manufactured home manufacturers (or upon their agents or representatives) any taxes, licenses, or other fees in the aggregate, or any fines, penalties, or other material obligations, prohibitions, or restrictions, for the privilege of doing business in that state or country, which costs, obligations, prohibitions, or restrictions are in excess of similar costs, obligations, prohibitions, or restrictions imposed by the State of Georgia upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in the State of Georgia, then so long as that state or foreign country continues to impose such costs, obligations, prohibitions, or restrictions upon Georgia-domiciled manufactured home manufacturers (or their agents or representatives), the State of Georgia shall impose upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in Georgia the same costs, obligations, prohibitions, or restrictions which are imposed by that state or foreign country on Georgia-domiciled manufactured home manufacturers (or their agents or representatives) which are doing business or seeking to do business in that state or foreign country. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on manufactured home manufacturers domiciled in Georgia (or their agents or representatives) shall be deemed to be imposed by such state or country within the meaning of this Code section.
8-2-143. (a) Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974,

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42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed $1,000.00 for each such violation. Each violation of Section 610 of the aforementioned act or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. (b) Criminal penalties. An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both.
8-2-144. The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection programs for the preceding 12 month period under this part and Part 3 of this article for the preceding 12 month period. Such report shall be provided to the chairpersons of the House Appropriations Committee, the Senate Appropriations Committee, the House Governmental Affairs Committee, and the Senate Regulated Industries and Utilities Committee, the director of the Office of Planning and Budget, and the director of the Legislative Budget Office."
SECTION 2. Said article is further amended by striking in its entirety Part 3, relating to the installation of manufactured homes and mobile homes, and inserting in lieu thereof a new Part 3 to read as follows:
"Part 3
8-2-160. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installation' means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. (3) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-164.

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(4) 'Manufactured home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (5) 'Manufacturer' means any person who constructs or assembles manufactured housing. (6) 'Mobile home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976. (7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof.
8-2-160.1. The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States as may be necessary to participate in the enforcement of manufactured home installation standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provided, however, that the Commissioner shall notify the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement which termination shall become effective on July 1 of the following year.
8-2-161. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, It shall be the authority and duty of the Commissioner to may:
(1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $100.00 $200.00; and

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(2) Establish and publish rules and regulations governing the installation of manufactured homes and mobile homes to be followed in instances in which no manufacturers installation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturers installation instructions and Appendix H of the State Building Code.
8-2-162. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the The Commissioner is charged with the has full authority to administer this part. He and may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations of consumer complaints relating to installations as in his or her judgment are necessary to enforce and administer this part.
8-2-163. It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part.
8-2-164. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1:
(1) Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license. The provisions of this Code section shall not apply to a person who installs a mobile home or manufactured home on real property owned by such person or a mobile home or manufactured home intended for use as such persons primary or secondary residence; provided, however, that any such person shall comply with all other applicable provisions of this part.; and (2) In addition to the requirements of paragraph (1) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner. The cost of such permit shall be $40.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation.
8-2-165. (a) Any installation of a manufactured home or a mobile home in this state shall be

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performed in strict compliance with the applicable manufacturers installation instructions, specifically including, without limitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Commissioner. (b) During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner or his or her agent shall perform random inspections on installations performed by each installer each year. The inspections required by this subsection shall be independent of any requirements under Subpart I of Part 3282 of the Manufactured Home Procedural and Enforcement Regulations of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
8-2-166. Any person convicted of a determined by the Commissioner to be in violation of this part shall may be guilty of a misdemeanor and may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in violation of this part shall constitute a separate violation. In addition to any penalty imposed by the Commissioner, any person convicted of a violation of this part shall be guilty of and may be punished as for a misdemeanor.
8-2-167. No political subdivision may adopt or enforce any requirement not consistent with this part.
8-2-168. (a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The Commissioner is authorized to provide by regulation the manner in which he or she will conduct presentations of views during his or her participation as the Georgia state administrative agency as required by the federal National Manufactured Home Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
SECTION 3. This Act shall become effective on January 1, 2005, except, however, any provision relating to the payment of fees shall become effective on October 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs E 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

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 Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris 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
Rice Richardson Y Roberts, J Y Roberts, L Rogers, C Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, FEBRUARY 16, 2004

907

HB 1278. By Representatives Channell of the 77th, Watson of the 60th, Post 2, Teilhet of the 34th, Post 2, Bannister of the 70th, Post 1, Maddox of the 59th, Post 2 and others:
A BILL to amend Code Section 34-9-226 of the Official Code of Georgia Annotated, relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers' compensation benefits, so as to provide that such a guardian may be appointed by a court other that the probate court; and for other purposes.

The following amendment was read and adopted:

Representatives Bordeaux of the 125th and Channell of the 77th move to amend HB 1278 as follows:
By striking the underscored words on page 1, line 16, and inserting in lieu thereof the following:
"or by a court of competent jurisdiction outside the State of Georgia".
By striking the underscored words on page 1, line 18, and inserting in lieu thereof the following:
"or with a court of competent jurisdiction outside the state of Georgia".

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 E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs E 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 Y Jackson
James Y Jamieson

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 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

908
Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y 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 E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson
Hill, C

Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen
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 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 Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1234. By Representatives Black of the 144th, Ray of the 108th, James of the 114th, Crawford of the 91st, Roberts of the 131st and others:
A BILL to amend Code Section 26-2-411 of the Official Code of Georgia Annotated, relating to licensing and inspection of mobile meat, poultry, or seafood sale vehicles, so as to change a license expiration date; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe E Bannister

E Day Y Dean Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines
Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

MONDAY, FEBRUARY 16, 2004

Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs E Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E 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 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
Sailor Scott Y Shaw Y Sheldon

909
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Scott of the 138th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 79 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 1221 was recommitted to the Committee on Public Safety.

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Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1170. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 60 days after the property is redeemed; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to require the purchaser of property at a tax sale to make a quitclaim deed to the defendant in fi. fa. within 15 days after the property is redeemed; to require certain purchasers of property at tax sales to have reasonably accessible offices within the county in which the property is purchased; to provide for criminal penalities; 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 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by adding new Code Sections 48-440.1, 48-4-40.2, and 48-4-40.3 to read as follows:
"48-4-40.1. Persons who purchase more than 20 properties in a calendar year in a county at a tax sale shall be required to maintain a reasonably accessible office within the county in which the properties are located where the defendant in fi. fa. may come or call to inquire about the redemption of their property and make arrangements to redeem such property.
48-4-40.2. Within 60 days after purchasing a property at a tax sale, the purchaser shall notify the

MONDAY, FEBRUARY 16, 2004

911

defendant in fi. fa. at such persons last known mailing address of the purchase of the property by the purchaser. Such notice shall be sent by certified or registered mail or by statutory overnight delivery. Such notice shall include, but shall not be limited to, information concerning the name and address of the purchaser of the property, the purchasers telephone number, a summary of the actions necessary for the defendant in fi. fa. to redeem the property, the amount required to redeem the property, and the effect of a failure to redeem the property.
48-4-40.3. Any person who violates any provision of Code Section 48-4-40.1, 48-4-40.2, or subsection (a) of Code Section 48-4-44 shall be guilty of a misdemeanor."
SECTION 2. Said article is further amended by striking Code Section 48-4-44, relating to quitclaim deeds by purchaser, and inserting in lieu thereof a new Code Section 48-4-44 to read as follows:
"48-4-44. (a) In all cases where property is redeemed, the purchaser at the tax sale shall make a quitclaim deed to the defendant in fi. fa., within 15 days after such redemption, which deed shall recite:
(1) The name of the person who has paid the redemption money; and (2) The capacity in which or the claim of right or interest pursuant to which the redemption money was paid. (b) The recitals required by this Code section shall be prima-facie evidence of the facts stated."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 115th, Stokes of the 72nd and Dean of the 49th move to amend the Committee substitute to HB 1170 as follows:
By changing the words "at a tax sale" on line 14, page 1, to the words "at tax sales".

The following amendment was read:

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Representative Campbell of the 39th moves to amend the Committee substitute to HB 1170 as follows: Page 1 Lines 15 and 16 Delete "county in which the properties are located" And add in lieu thereof "State of Georgia".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe E Bannister Y Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong
Black Y Boggs E Bordeaux
Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

E Day N Dean Y Deloach N Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart
Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson Y Hanner E Harbin Y Harper E 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 Y Hudson N Hugley N Jackson
James Y Jamieson N Jenkins, C Y Jenkins, C.F Y Jones N Jordan E Joyce Y Keen
Knox Y Lane Y Lewis
Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

Mitchell N Mobley Y Moraitakis Y Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y 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 Y Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes N Stoner N Teilhet Y Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White N Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

MONDAY, FEBRUARY 16, 2004

913

On the adoption of the amendment, the ayes were 96, nays 68. 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:

N Amerson Y Anderson Y Ashe E Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs E 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 N Casas N Chambers Y Channell Y Childers N Coan Y Coleman, B N Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart
Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner E Harbin Y Harper E 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 Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce N Keen Y Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills

Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B
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 Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor Y Scott N Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y 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 Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 132, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Brown of the 89th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 486 was postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 1325. By Representative Smith of the 76th:
A RESOLUTION commending John Thomas Orr on attaining the rank of Eagle Scout; and for other purposes.

HR 1326. By Representatives Buck of the 112th, Smith of the 110th, Buckner of the 109th, Hugley of the 113th and Smyre of the 111th:
A RESOLUTION commending Cason J. Callaway, Jr., and Callaway Blue Springs Water Company; and for other purposes.

HR 1327. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION commending the State University of West Georgia cheerleaders; and for other purposes.

HR 1328. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Sims of the 130th, Brooks of the 47th, Williams of the 128th and others:
A RESOLUTION commending Vicki Lee on her nomination for induction into the Georgia Music Hall of Fame; and for other purposes.

MONDAY, FEBRUARY 16, 2004

915

HR 1329. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION commending Stanley and Mary Parkman on their Heart Hall of Fame Award; and for other purposes.

HR 1330. By Representatives Fludd of the 48th, Post 4, Holmes of the 48th, Post 1, Heckstall of the 48th, Post 3 and Beasley-Teague of the 48th, Post 2:
A RESOLUTION commending the North Fayette Community Association, Inc., on its community involvement; and for other purposes.

HR 1331. By Representative Graves of the 106th:
A RESOLUTION commending Habitat for Humanity affiliates in Georgia and recognizing Habitat for Humanity Day; and for other purposes.

HR 1332. By Representatives Casas of the 68th, Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Dix of the 70th, Post 2:
A RESOLUTION congratulating the Parkview High School wrestling team and coaches for winning the 2004 Class AAAAA State Duals Championship; and for other purposes.

HR 1333. By Representative Floyd of the 132nd:
A RESOLUTION recognizing Warwick as the Grits Capital of Georgia and commending and recommending the Warwick Grits Festival; and for other purposes.

HR 1334. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Shaw of the 143rd, Parham of the 94th and others:
A RESOLUTION commending the Georgia Hospital Association on its exceptional service and the occasion of its 75th anniversary; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1335. By Representative Buckner of the 109th:
A RESOLUTION commending City of Woodland mayor, James Carter, and recognizing February 22, 2004, as "James Carter Day"; and for other purposes.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1174 Do Pass HR 1175 Do Pass

HR 1284 Do Pass HR 1320 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

TUESDAY, FEBRUARY 17, 2004

917

Representative Hall, Atlanta, Georgia Tuesday, February 17, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Bannister Barnes Birdsong E Black Borders Bridges Brock Brooks Broome Brown Bruce Buck Buckner, D Buckner, G Bunn Burmeister Campbell Casas Chambers Channell Childers Coan Coleman, B Crawford

Cummings E Day
Dodson Dollar Dooley Douglas Fleming Fludd Forster Franklin Gardner Golick Graves, T Greene Harbin Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A Hill, V Hines E Holmes

Houston Howard Howell Hugley Jackson James Jamieson Jenkins, C.F Jordan E Joyce Knox Lewis Lord Lunsford Maddox Marin Martin Massey McBee Millar Mills Moraitakis Morris Mosby Mosley

Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Parrish Parsons Porter Purcell Ralston Reece, S Rice Roberts, J Roberts, L Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sims Skipper Smith, B

Smith, L Smith, P Smith, T Smith, V Smyre Snow Stephens, E Stokes Stoner Teilhet Teper Thomas Morgan Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Ashe of the 42nd, Post 2; Barnard of the 121st, Post 1; Beasley-Teague of the 48th, Post 2; Benfield of the 56th, Post 1; Boggs of the 145th; Bordeaux of the 125th; Burkhalter of the 36th; Butler of the 88th, Post 1; DeLoach of the 127th; Dukes of the 136th; Ehrhart of the 28th; Elrod of the 25th; Epps of the 90th; Floyd of the 132nd; Floyd of the 69th, Post 2; Graves of the 106th; GreeneJohnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Henson of the 55th; Jenkins of the 93rd; Lane of the 101st; Lucas of the 105th; Manning of the 32nd; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Noel of the 44th; Orrock of the 51st; Powell of the 23rd; Randall of the 107th; Ray of the 108th; Reece of the 11th; Richardson of the 26th; Sailor of the 61st, Post 1; Sinkfield of

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the 50th; Stanley-Turner of the 43rd, Post 2; Stephens of the 123rd; Stephenson of the 60th, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; and Walker of the 115th.
They wish to be recorded as present.

Prayer was offered by the Reverend J. Brian Stephens, Pastor, Antioch Baptist Church, Mt. Airy, 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:

TUESDAY, FEBRUARY 17, 2004

919

HB 1493. By Representative Howard of the 98th:
A BILL 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; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1494. By Representative Snow of the 1st:
A BILL to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1495. By Representative Hanner of the 133rd:
A BILL to amend an Act creating the Dawson-Terrell County Airport Authority, so as to change the name of the authority; to change the membership so as to provide that the City of Dawson shall not have any appointing authority; to delete references to the City of Dawson throughout said Act; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1496. By Representatives Smith of the 129th, Post 2, Bordeaux of the 125th, Mosley of the 129th, Post 1, Ehrhart of the 28th and Watson of the 60th, Post 2:
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 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; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Health & Human Services.

HB 1497. By Representatives Broome of the 141st, Post 2, Sims of the 130th and Reece of the 11th:
A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to require a motor vehicle liability insurer to contact its insured and all persons who may have claims under the motor vehicle liability insurance policy issued by the insurer within three business days following the determination of liability by the insurer for an incident covered by such insurance policy; and for other purposes.

Referred to the Committee on Insurance.

HB 1498. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to create the State Court of Charlton County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2:
A BILL to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes.

Referred to the Committee on Insurance.

HB 1500. By Representatives Henson of the 55th, Benfield of the 56th, Post 1, Drenner of the 57th, Buckner of the 82nd, Powell of the 23rd and others:

TUESDAY, FEBRUARY 17, 2004

921

A BILL to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to prohibit the requirement of prior authorization or other restrictions on medications prescribed for patients receiving treatment for certain medical conditions under a Medicaid or any state funded health care program; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1501. By Representatives Buckner of the 82nd, Childers of the 13th, Post 1, Beasley-Teague of the 48th, Post 2, Manning of the 32nd, Sinkfield of the 50th and others:
A BILL to amend Code Section 15-6-77.4 of the Official Code of Georgia Annotated, relating to an additional divorce case filing fee for the Children's Trust Fund, so as to increase said additional filing fee to $15.00; to provide for an exception; and for other purposes.

Referred to the Committee on Judiciary.

HB 1502. By Representatives Snow of the 1st, Barnard of the 121st, Post 1, Noel of the 44th, Chambers of the 53rd, Dooley of the 33rd, Post 3 and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the exemption for the sale of gas used directly in the production of electricity applies only if the electricity is sold for use within the state; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1503. By Representatives Ray of the 108th and Royal of the 140th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change

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JOURNAL OF THE HOUSE

certain provisions relating to amount payable for redemption; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1504. By Representatives Borders of the 142nd, Parham of the 94th, Royal of the 140th, Lane of the 101st and Buck of the 112th:
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 renew 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 expand such exemption to certain college or dormitory items; and for other purposes.

2/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1504. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Borders District 142

Referred to the Committee on Ways & Means.

HR 1314. By Representatives Barnes of the 84th, Post 2, Westmoreland of the 86th, Dodson of the 84th, Post 1, Coleman of the 118th and Lunsford of the 85th, Post 2:
A RESOLUTION designating the Bruton Smith Parkway; and for other purposes.

Referred to the Committee on Transportation.

TUESDAY, FEBRUARY 17, 2004

923

HR 1315. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

2/16/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1315. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Butler District 88, Post 1

Referred to the Committee on Transportation.

HR 1322. By Representative Parham of the 94th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for specific purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state; to change certain provisions relating to an indemnification fund for public school teachers, administrators, and employees who are killed or permanently disabled in the line of duty; to change certain provisions relating to a dog and cat reproductive sterilization support program; and for other purposes.

Referred to the Committee on Motor Vehicles.

HR 1323. By Representatives Smith of the 76th, Jamieson of the 22nd, Powell of the 23rd, Richardson of the 26th, Lunsford of the 85th, Post 2 and others:

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JOURNAL OF THE HOUSE

A RESOLUTION urging the Congress of the United States to enact H.R. 2671, the "CLEAR Act of 2003"; and for other purposes.

Referred to the Committee on Judiciary.

HR 1324. By Representatives Barnes of the 84th, Post 2, Coleman of the 118th, Smith of the 129th, Post 2, Dodson of the 84th, Post 1, Buckner of the 82nd and others:
A RESOLUTION expressing support for the "Proposal for September 2006 Start of Commuter Rail from Lovejoy on the Macon Line to Atlanta"; and for other purposes.

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HB 1484 HB 1485 HB 1486 HB 1487 HB 1488 HB 1489

HB 1490 HB 1491 HB 1492 HR 1307 HR 1308 HR 1309 HR 1310 HR 1311 HR 1312 HR 1313 SB 467 SB 499

Pursuant to Rule 52, Representative Mosby of the 59th, Post 3 moved that the following Bill of the House be engrossed:

TUESDAY, FEBRUARY 17, 2004

925

HB 1479. By Representatives Mosby of the 59th, Post 3, Royal of the 140th, Bruce of the 45th, Stephenson of the 60th, Post 1, Dodson of the 84th, Post 1 and others:

A BILL to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property exempt from seizure for purposes of bankruptcy, so as to increase the amount of the homestead exemption for a debtor's residence; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Anderson Ashe Bannister
Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler
Campbell N Casas
Chambers Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart
Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner
Harbin Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall N Hembree Y Henson Hill, C

Y Hill, C.A Y Hill, V N Hines E Holmes Y Houston Y Howard Y Howell
Hudson Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Jones Y Jordan E Joyce N Keen N Knox Y Lane N Lewis Y Lord Lucas Lunsford Maddox Y Mangham Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C
Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Snow Y Stanley-Turner Y Stephens, E N Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson Westmoreland N White N Wilkinson Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates Coleman, Speaker

On the motion the ayes were 89, nays 46.

926 The motion was lost.

JOURNAL OF THE HOUSE

Representative Snow of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Smith of the 87th moved that the following Bill of the House be engrossed:

HB 1481. By Representatives Smith of the 87th and Powell of the 23rd:

A BILL to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detail maps and certain other information to be maintained; to require that such communities be open to the public on election days; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson Anderson Ashe
Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown
Bruce Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter N Burmeister Y Butler Campbell

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner Harbin

Y Hill, C.A Y Hill, V Y Hines E Holmes Y Houston Y Howard Y Howell
Hudson Hugley Y Jackson James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce N Keen N Knox Y Lane Lewis Y Lord Lucas Lunsford Maddox Y Mangham Y Manning

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S N Rice N Richardson Y Roberts, J

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Snow Y Stanley-Turner Y Stephens, E Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Thompson Y Walker, L Walker, R.L Y Warren Y Watson Westmoreland

N Casas N Chambers
Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, FEBRUARY 17, 2004

Y Harper Y Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson
Hill, C

Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall
McClinton Millar N Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon

On the motion the ayes were 112, nays 23. The motion prevailed.

927
N White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates
Coleman, Speaker

Representative Snow of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1491. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:

A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide uncompensated health care services to low-income persons; to provide for notice requirements to patients; to provide for volunteers providing support services; to provide for applicability of benefits; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to amend Code Section 50-21-22 of the Official Code of Georgia Annotated, relating to definitions regarding state tort claims, so as to revise the definition of "state officer or employee"; 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
Barnes

E Day Dean
Y Deloach Y Dix Y Dodson
Dollar

Y Hill, C.A Y Hill, V N Hines E Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L

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Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce
Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter N Burmeister N Butler
Campbell N Casas N Chambers
Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

Y Dooley Douglas
Y Drenner Y Dukes N Ehrhart
Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick
Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Howell Hudson Hugley
Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce N Keen N Knox Y Lane
Lewis Y Lord
Lucas Lunsford Maddox Y Mangham Manning Y Marin Martin N Massey N Maxwell Y McBee Y McCall McClinton Millar N Mills

N 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 Y 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
Sailor N Scott
Shaw N Sheldon

On the motion the ayes were 101, nays 35. The motion prevailed.

Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Thompson Y Walker, L N Walker, R.L Y Warren Y Watson Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Smith of the 13th, Post 2 moved that the following Resolution of the House be engrossed:

HR 1310. By Representatives Westmoreland of the 86th, Smith of the 87th, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 17, 2004

N Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong E Black
Boggs Y Bordeaux Y Borders
Bridges Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter N Burmeister Y Butler Campbell N Casas N Chambers Channell Y Childers N Coan Y Coleman, B Cooper Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner
Dukes N Ehrhart
Elrod Y Epps N Fleming
Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y 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 Y Hill, V N Hines E Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce N Keen Y Knox Y Lane
Lewis Y Lord
Lucas Lunsford Maddox Y Mangham Manning Y Marin Martin N Massey Y Maxwell Y McBee Y McCall McClinton Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray
Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C
Rogers, Ch. Y Royal N Rynders
Sailor Y Scott
Shaw N Sheldon

On the motion the ayes were 107, nays 27. The motion prevailed.

929
Y Sholar Y Sims
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 Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson
Westmoreland White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Smith of the 13th, Post 2 moved that the following Resolution of the House be engrossed:

HR 1311. By Representatives Westmoreland of the 86th, Smith of the 87th, Butler of the 88th, Post 1 and Harper of the 88th, Post 2:

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A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Willard of the 40th moved that the following Bill of the Senate be engrossed:

SB 467. By Senators Lee of the 29th, Shafer of the 48th, Smith of the 52nd, Johnson of the 1st, Balfour of the 9th and others:

A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to 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 provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; 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.

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 Y Birdsong E Black
Boggs Y Bordeaux Y Borders
Bridges Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D

E Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner
Dukes N Ehrhart
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 N Hines E Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane
Lewis

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall

Y 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 Y Stephens, R
Stephenson Stokes Y Stoner Teilhet Y Teper Y Thomas Morgan Thomas, A.M

Y Buckner, G Bunn
Y 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, FEBRUARY 17, 2004

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 Lord Lucas Lunsford Maddox
Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Ray Y Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

On the motion the ayes were 136, nays 5. The motion prevailed.

931
Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson
Westmoreland White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Wix Y Yates Coleman, Speaker

Representative Forster of the 3rd, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 810 Do Pass, by Substitute HB 1179 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

The following report of the Committee on Rules was read and adopted:

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HOUSE RULES CALENDAR TUESDAY, FEBRUARY 17, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

HB 753
HB 886 HB 1155 HB 1180 HB 1195 HB 1239 HB 1320 HB 1415

Employees' Retirement and Judicial Retirement; prior service as assistant district attorney; service credit Airports receiving state financial assistance; certain repayment Traffic offenses; certain right of way violations; penalties Supplemental appropriations; FY 2003-2004 Contracts; timely payment; professional services providers Sales tax; certain refunds; restrictions State employees' health insurance; fiscal condition; annual reports Hotel-motel tax; create review board; amend certain provisions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 457. By Senators Smith of the 25th, Thomas of the 10th, Butler of the 55th, Blitch of the 7th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Titles 15, 19, and 24 of the O.C.G.A., relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions

TUESDAY, FEBRUARY 17, 2004

933

relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 469. By Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation; to provide for the Department of Corrections authority over the defendant; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 482. By Senators Kemp of the 3rd, Blitch of the 7th, Reed of the 35th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, so as to change certain provisions relating to the applicability of the testing procedures to certain persons; 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 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

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SB 457. By Senators Smith of the 25th, Thomas of the 10th, Butler of the 55th, Blitch of the 7th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Titles 15, 19, and 24 of the O.C.G.A., relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 469. By Senators Dean of the 31st, Jackson of the 50th, Butler of the 55th and Hooks of the 14th:
A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide the court with an additional punishment tool for the offenses of child molestation and aggravated child molestation; to provide for the Department of Corrections authority over the defendant; to provide for fees related to monitoring; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 482. By Senators Kemp of the 3rd, Blitch of the 7th, Reed of the 35th and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, so as to change certain provisions relating to the applicability of the testing procedures to certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 17, 2004

935

Referred to the Committee on Special Judiciary.

SR 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Rules.

Representative Buckner of the 82nd arose to a point of personal privilege and addressed the House.

Representative Broome of the 141st, Post 2 arose to a point of personal privilege and addressed the House.

Representative Cummings of the 19th arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1174. By Representative Floyd of the 132nd:
A RESOLUTION recognizing the Cordele-Crisp County Fish Fry and commending Mr. Ferrell Henry, Mr. Don Tucker, Mr. Jimmy Black, Mr. Paul Mechler, and Mrs. Susan Leger and inviting the cooking team to appear before the House of Representatives; and for other purposes.

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HR 1175. By Representative Floyd of the 132nd:
A RESOLUTION recognizing and commending Miss Fallon Beth Garrett, 2004 Georgia Watermelon Queen, and inviting her to appear before the House of Representatives; and for other purposes.

HR 1284. By Representatives Heard of the 70th, Post 3, Bannister of the 70th, Post 1, Dix of the 70th, Post 2 and Floyd of the 69th, Post 2:
A RESOLUTION commending Miss Diana DeGarmo and inviting her to appear before the House of Representatives; and for other purposes.

HR 1320. By Representatives Dukes of the 136th, Roberts of the 135th and Rynders of the 137th:
A RESOLUTION declaring February 17, 2004, as Albany-Dougherty County Day at the state capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1337. By Representatives Mobley of the 58th, Watson of the 60th, Post 2 and Mangham of the 62nd:
A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing "Africa Day" at the capitol on February 20, 2004, and inviting Honorable Joe Keshi to appear before the House of Representatives; and for other purposes.

HR 1338. By Representatives Birdsong of the 104th, Warren of the 99th, Douglas of the 73rd, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A RESOLUTION commending Georgia's National Guard troops; recognizing March 5, 2004, as "National Guard Day"; inviting Major General David Poythress to appear before the House of Representatives; and for other purposes.

TUESDAY, FEBRUARY 17, 2004

937

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 753. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that an assistant district attorney who is a member of the Employees' Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any member of the Employees Retirement System of Georgia may obtain creditable service for certain prior service as an assistant district attorney; to provide that any member of the Georgia Judicial Retirement System may obtain creditable service for such service; to provide for application and payment of the full actuarial value of such service; to provide conditions and limitations; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-2-267 a new Code section to read as follows:
"47-2-268. Any member may receive creditable service for all or a portion of his or her past service as a county-paid assistant district attorney upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate and shall make payment not later than December 31, 2004, or within six months of first or again becoming a member, whichever is later. No creditable service

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shall be allowed under this Code section for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any political subdivision of this state."
SECTION 2. Said title is further amended by inserting immediately following Code Section 47-23-64 a new Code section to read as follows:
"47-23-65. Any member of this retirement system may receive creditable service for all or a portion of his or her past service as a county-paid assistant district attorney upon payment to the board of trustees of an amount which will allow such creditable service without creating any accrued actuarial unfunded liability as to this retirement system. Any member desiring such creditable service shall make application to the board of trustees in such form as the board deems appropriate and shall make payment not later than December 31, 2004, or within six months of first or again becoming a member, whichever is later. No creditable service shall be allowed under this Code section for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension system of this state or of any political subdivision of this state."
SECTION 3. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 17, 2004

939

HB 886. By Representatives Coleman of the 118th, Channell of the 77th, Parrish of the 102nd and Morris of the 120th:
A BILL to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide certain conditions on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide certain conditions on the receipt by airports of state financial assistance; to provide for the repayment of future state assistance if an airport ceases operations within a certain period of time; to provide for public hearings with respect to closing of airports which have received state financial assistance; to require compliance and specify penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding a new Code Section 32-9-7.1 to read as follows:
"32-9-7.1. (a) Whenever the State of Georgia provides any financial assistance to any airport, the provisions of this Code section shall apply. For this purpose, any grant or contract that involves state funding or any provision of facilities, equipment, or services by the state shall be considered as financial assistance. (b) Such financial assistance shall only be supplied to an airport sponsor, and for the purpose of this Code section an airport sponsor is an entity, either public or private, with control of a public use airport in the State of Georgia. To be eligible for such financial assistance, a sponsor must enter into an agreement in a form acceptable to the state, agreeing that the sponsor will:
(1) Maintain the airport in a safe and serviceable condition to serve the aeronautical users of the airport;

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(2) Take no action that would render the airport unusable or cause the airport to cease operation; and (3) Make the airport available for public use on reasonable terms and without unjust discrimination. (c) Such an agreement shall be made for a period of no less than 20 years from the date of the last agreement. (d) Any airport sponsor wishing to terminate the agreement outlined in subsection (b) of this Code section can do so only if: (1) The termination is approved by the State Transportation Board; and (2) All financial assistance received is repaid by the sponsors. If funds were received to purchase land or other property, the sponsor shall be required to pay back either the grant amount or the present-day fair market value of the property, whichever is higher. (e) The sponsor of any airport that has accepted financial assistance from the state prior to or on or after the effective date of this Code section that proposes to close or cease operation of the airport shall be required to hold a public hearing with respect to the proposed closure or ceasing of operation. Such public hearing shall be subject to the following requirements: (1) The hearing shall be held on a weekday which is not a holiday and shall commence between 6:00 P.M. and 7:00 P.M., inclusive of those exact times; (2) Notice shall be published at least 30 days in advance of the hearing in the legal organ of each county in which any part of the airport is located. Such notice shall be in the form of a prominently displayed advertisement at least two by three inches in size which shall not be included with the general legal notices and shall plainly state the nature of the proposed closing or ceasing of operation and shall include a recital of all financial assistance received from the state during the period of 20 years prior to the proposed closing; and (3) Notice of the hearing shall be delivered to the state Department of Transportation at least three calendar weeks prior to the hearing. (f) If a sponsor renders a decision to close an airport, the effective date of that closure shall be no less than 90 days after posting that decision to close the airport. (g) This Code section shall apply with respect to both publicly and privately operated airports. (h) Any person who violates this Code section shall upon conviction be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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941

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 96, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1239. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refunds; and for other purposes.

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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1155. By Representatives Powell of the 23rd, Cummings of the 19th, Parham of the 94th, Hembree of the 46th, Reece of the 21st and others:
A BILL to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for certain penalties for drivers who commit right of way violations resulting in collisions with motorcyclists, pedestrians, or bicyclists; and for other purposes.

The following Committee substitute was read:

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 provide for certain penalties for a driver who commits

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a right of way violation resulting in a collision with a motorcyclist, pedestrian, or bicyclist; to provide that a driver who violates certain traffic laws and causes serious injury to a person shall be guilty of a misdemeanor; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by adding a new Code Section 40-6-77 to read as follows:
"40-6-77. (a) Any person who causes an injury to another person as a result of a collision with a motorcyclist, bicyclist, or pedestrian by committing any right of way violation under this chapter when such motorcyclist, bicyclist, or pedestrian is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 in addition to any period of imprisonment that may also be imposed."
SECTION 2. Said chapter is further amended in Code Section 40-6-394, relating to serious injury by vehicle, by designating the existing provisions as subsection (a) and adding a new subsection (b) to read as follows:
"(b) Whoever, without an intention to do so, shall cause bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through a violation of any other provision of this title other than Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Heath of the 18th moves to amend the Committee substitute to HB 1155 as follows:
Adding after the word Title on line 15 of page 1 the following:
"And using bicycle or pedestrian lane or path if such lane or path is available."

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943

On the adoption of the amendment, the ayes were 74, nays 25. The amendment was adopted.

Representative Powell of the 23rd moved that the House reconsider its action in adopting the Heath amendment.
On the motion, the ayes were 73, nays 51.
The motion prevailed.

Representative Douglas of the 73rd moved for a viva voce roll call on the reconsideration of the Heath amendment, and the Speaker so ordered.

Representative Heath of the 18th withdrew his amendment.

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 ayes were 122, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1415. By Representatives Channell of the 77th, Parrish of the 102nd, Royal of the 140th, McClinton of the 59th, Post 1 and Wix of the 33rd, Post 1:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit of local

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government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48; and for other purposes.

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 118, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Franklin of the 17th would like to be recorded as voting "nay" on HB 1415.

Representative Williams of the 61st, Post 2 would like to be recorded as voting "aye" on HB 1415.

HB 1195. By Representatives Dukes of the 136th, Smyre of the 111th, Heard of the 70th, Post 3, Ehrhart of the 28th, Watson of the 60th, Post 2 and others:
A BILL to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing professional services in connection with improvements; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to revise the "Georgia Prompt Pay Act" which provides for timely payment of contractors and subcontractors in connection with real property improvements; to provide for the application of said Act to persons providing certain professional services in connection with improvements; to provide for the time of payment for such services, remedies for noncompliance, exceptions, and other related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by striking Chapter 11, the "Georgia Prompt Pay Act," and inserting in its place a new chapter to read as follows:
"CHAPTER 11
13-11-1. This chapter shall be known and may be cited as the 'Georgia Prompt Pay Act.'
13-11-2. As used in this chapter, the term:
(1) 'Contractor' means a person who contracts with an owner to improve real property, to perform construction services, or to perform construction management services for an owner. (2) 'Improve' means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property or to excavate, clear, grade, fill, or landscape any real property or to construct driveways and private roadways or to furnish materials, including trees and shrubbery, for any of such purposes or to perform any labor upon such improvements. (3) 'Improvement' means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways, on real property. (4) 'Owner' means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. 'Owner' includes private persons and entities and state, local, or municipal government agencies, instrumentalities, or entities; provided, however, that the provisions of this chapter shall not apply when the owner is a county having a population of less than 10,000 according to the United States decennial census of 1990 or any such future census or when the owner is a municipality having a population of less than 2,500 according to the United States decennial census of 1990 or any such future census. (5) 'Owners representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owners interest regarding administration and oversight of the project. (5.1) 'Professional services provider' means any person other than a contractor or subcontractor who provides in connection with an improvement, by contract or subcontract with the owner or the owners agent, services which such person is authorized to provide under a license, registration, or similar authority issued by the state.

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(6) 'Real property' means the real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property. (7) 'Receipt' means actual receipt of cash or funds in the contractors, professional services providers, subconsultants, or subcontractors bank account. (7.1) 'Subconsultant' means any person who has contracted to furnish professional services to, or has performed professional services for, a professional services provider or another subconsultant, which such person is authorized to provide under a license, registration, or similar authority issued by the state. (8) 'Subcontractor' means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property. For purposes of this chapter, the term 'subcontractor' shall also include materialmen as defined in Code Section 44-14-360.
13-11-3. Performance by a contractor, or subcontractor, professional services provider, or subconsultant in accordance with the provisions of his or her contract and the satisfaction of the conditions of his or her contract precedent to payment entitles such person to payment from the party with whom he or she contracts.
13-11-4. (a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owners representative of any payment request based upon work completed or service provided under the contract. (b) When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractors work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond. (c) When a professional services provider has performed in accordance with the provisions of a contract, the owner or the owners representative shall pay the professional services provider within 10 days of receipt by the owner or the owners representative of any payment request based upon work completed or service provided under the contract. (d) When a subconsultant has performed in accordance with the provisions of a subcontract and the subcontract conditions precedent to payment have been satisfied, the professional services provider shall pay to that subconsultant and each

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947

subconsultant shall pay to its subconsultant, within ten days of receipt by the professional services provider or subconsultant of each periodic or final payment, the full amount received for such subconsultants services provided under the subcontract, provided that the subconsultant has provided or provides such satisfactory reasonable assurances of continued performance to complete his or her work as the professional services provider in his or her reasonable discretion may require.
13-11-5. (a) Nothing in this chapter shall prevent the owner or the owners representative from withholding payment to its contractor or professional services provider because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its subcontractor or the professional services provider or its subconsultant to make timely payments for labor, equipment, and materials; damage caused by the contractor or the professional services provider to the owner or the owners representative, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum. In addition to the other bases for withholding set forth in this subsection, the owner or the owners representative may withhold a reasonable amount for retainage for the contractor, provided that the retainage so withheld by the owner shall not exceed the retainage percentage set forth in the contract between the contractor and the owner. (b) Nothing in this chapter shall prevent the contractor or a subcontractor from withholding payment to a subcontractor for: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage caused by the subcontractor to the owner, the contractor, or contractors or subcontractors; or reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. In addition to the other bases for withholding set forth in this subsection, the contractor or the subcontractor, as the case may be, may withhold a reasonable amount for retainage, provided that the retainage withheld shall not exceed the percentage retained from the contractor by the owner on account of the subcontractors work. (c) Nothing in this chapter shall prevent the professional services provider or a subconsultant from withholding payment to a subconsultant for: unsatisfactory job progress; defective services which have not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; damage caused by the subconsultant to the owner or the professional services provider; or reasonable evidence that the services cannot be completed for the unpaid balance of the subcontract sum.
13-11-6. The contractor shall, within ten days from the contractors receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractors

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retainage in the same manner as the contractors retainage is reduced by the owner, provided that the value of the subcontractors work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value and, provided, further, that the work of the subcontractor is proceeding satisfactorily and, provided, further, that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.
13-11-7. (a) Except as provided in Code Section 13-11-5, if: (1) a periodic or final payment to a contractor is delayed by more than 15 days; (2) a periodic or final payment to a professional services provider is delayed by more than 10 days; or if (3) a periodic or final payment to a subcontractor or subconsultant is delayed more than ten days after receipt of periodic or final payment by the contractor, professional services provider, or subcontractor, then the owner, owners agent, contractor, professional services provider, or subcontractor, as the case may be, shall pay his or her contractor, professional services provider, subconsultant, or subcontractor interest, beginning on the day following the due date, at the rate of 1 percent per month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provision of this Code section at the time the request for payment is made. Acceptance of progress payments or final payment shall release all claims for interest on said payments. (b) Nothing in this chapter shall prohibit owners, contractors, professional services providers, subconsultants, and subcontractors from agreeing by contract to rates of interest, payment periods, and contract and subcontract terms different from those stipulated in this Code section, and in this event, these contractual provisions shall control. In case of a willful breach of the contract provisions as to the time of payment, the interest rate specified in this Code section shall apply.
13-11-8. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
13-11-9. Neither the right to recover interest on a payment nor the right to recover attorneys fees under this chapter are exclusive remedies. This chapter does not modify the remedies available to any person under the terms of a contract or by another statute.

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949

13-11-10. The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units.
13-11-11. The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995, and shall not apply to contracts or subcontracts for services of professional services providers or subconsultants entered into prior to July 1, 2004."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Franklin of the 17th would like to be recorded as voting "nay" on HB 1195.

Representative Williams of the 61st, Post 2 would like to be recorded as voting "aye" on HB 1195.

HB 1320. By Representatives Henson of the 55th, Smith of the 110th, Orrock of the 51st, Shaw of the 143rd, Ashe of the 42nd, Post 2 and others:
A BILL to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide for annual reports on the fiscal condition of the state employees' health insurance plan and on proposed schedule of premiums, deductibles, and employee cost sharing; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:

HR 1339. By Representative Hembree of the 46th: A RESOLUTION commending Quentin Griffin; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1340. By Representatives Manning of the 32nd, Parsons of the 29th, Coleman of the 65th, Sinkfield of the 50th, Cooper of the 30th and others:
A RESOLUTION commending SafePath Children's Advocacy Center, Inc., and inviting representatives of SafePath to appear before the House of Representatives; and for other purposes.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

By unanimous consent, HB 79 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 1180 was postponed until the next legislative day.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1342. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Skipper of the 116th, Richardson of the 26th and others:
A RESOLUTION commending Mr. Tony Stewart and inviting him to appear before the House of Representatives; and for other purposes.

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1151 Do Pass
Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

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Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1015 Do Pass HB 1268 Do Pass

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 992 Do Pass, by Substitute

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

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SB 426 Do Pass

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1050 Do Pass HB 1107 Do Pass HB 1184 Do Pass

HB 1391 Do Pass, by Substitute HR 982 Do Pass, by Substitute HR 989 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

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Representative Hall, Atlanta, Georgia Wednesday, February 18, 2004

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 E Ashe
Bannister Barnard Birdsong E Black Borders Bridges Brock Brooks Brown Buck Buckner, D Buckner, G Burmeister Butler Campbell Casas Chambers Channell Childers Coleman, B Crawford E Day Deloach

E Dix Dodson Dooley Douglas Drenner Dukes Ehrhart Epps Fleming Floyd, J Fludd Forster Franklin Gardner Greene Harbin
E Harrell Heard, J Heard, K Heckstall Hembree Hill, V
E Hines E Holmes
Howell

Hugley Jackson James Jamieson Jenkins, C.F Jordan E Joyce Knox Lane Lewis Lord Mangham Manning Marin Martin Maxwell McBee E McClinton Millar Mills Mitchell Mobley Moraitakis Mosby

Mosley Murphy, J Murphy, Q Noel Oliver, M O'Neal Orrock Parrish Parsons Porter Powell Purcell Randall Reece, S Roberts, J Roberts, L Rogers, C Royal Rynders Scott Shaw Sheldon Sholar Skipper

Smith, P Smith, T Smith, V Snow Stephens, E E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Walker, L Walker, R.L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Barnes of the 84th, Post 2; Beasley-Teague of the 48th, Post 2; Benfield of the 56th, Post 1; Boggs of the 145th; Broome of the 141st, Post 2; Bruce of the 45th; Bunn of the 63rd; Burkhalter of the 36th; Coan of the 67th, Post 1; Cooper of the 30th; Dean of the 49th; Dollar of the 31st; Elrod of the 25th; Floyd of the 132nd; Golick of the 34th, Post 3; Graves of the 10th; Graves of the 106th; Hanner of the 133rd; Harper of the 88th, Post 2; Heath of the 18th; Henson of the 55th; Hill of the 16th; Hill of the 147th; Houston of the 139th; Howard of the 98th; Jenkins of the 93rd; Jones of the 38th; Keen of the 146th; Lucas of the 105th; Maddox of the 59th, Post 2; Massey of the 24th; McCall of the 78th; Morris of the 120th; Oliver of the 121st, Post 2; Parham of the 94th; Ralston of the 6th; Ray of the 108th; Reece of the 11th;

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955

Richardson of the 26th; Rogers of the 15th; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephenson of the 60th, Post 1; Thompson of the 69th, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Milton L. Wood, Pastor, First 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 and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 1505. By Representatives Smith of the 13th, Post 2, Borders of the 142nd, Greene of the 134th and Cummings of the 19th:
A BILL to amend Code Section 44-7-51 of the Official Code of Georgia Annotated, relating to issuance of summons in dispossessory proceedings, service, time for answer, defenses, and counterclaims, so as to require the payment of a fee to accompany an answer to such a summons; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1506. By Representatives Jamieson of the 22nd, Rogers of the 20th and Royal of the 140th:
A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection against state income tax refunds, so as to authorize such setoff with respect to certain debts owed to political subdivisions of the state; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1506. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jamieson District 22

Referred to the Committee on Ways & Means.

HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the

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comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1508. By Representatives Campbell of the 39th and Willard of the 40th:
A BILL to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to require that all medical malpractice claims be submitted to a medical malpractice review panel; to provide for definitions; to provide for creation of medical malpractice review panels; to provide for random selection of members; to provide for an oath; to provide for the submission of evidence; and for other purposes.

Referred to the Committee on Judiciary.

HB 1509. By Representative Jamieson of the 22nd:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions regarding notification of coverage termination; to change certain provisions regarding notice of insurance issuance, renewal, or termination; to change certain provisions regarding insurance requirements for operation of motor vehicles generally; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1510. By Representatives Jamieson of the 22nd and Moraitakis of the 42nd, Post 4:
A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," so as to change certain provisions regarding the creation of tax allocation districts; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; and for other purposes.

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Referred to the Committee on Ways & Means.

HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1511. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative McClinton District 59, Post 1

Referred to the Committee on Ways & Means.

HB 1512. By Representatives Henson of the 55th, Moraitakis of the 42nd, Post 4, Wilkinson of the 41st, Thomas of the 43rd, Post 1 and Watson of the 60th, Post 2:
A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes.

Referred to the Committee on Health & Human Services.

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959

HB 1513. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1513. 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 Ways & Means.

HB 1514. By Representatives Snow of the 1st, Barnard of the 121st, Post 1, Stokes of the 72nd, Butler of the 88th, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the distribution, storage, and sale of gas, so as to change certain provisions relating to legislative findings relative to natural gas competition and deregulation; to change certain provisions relating to the establishment of rates; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1515. By Representative Parrish of the 102nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to state income taxes, so as to change certain provisions

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regarding tax credits for existing manufacturing and telecommunications facilities in tier 1, 2, 3, and 4 counties; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1516. By Representative Parrish of the 102nd:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions with respect to state income taxes, so as to change certain provisions regarding tax credits for existing manufacturing and telecommunications facilities in tier 1, 2, 3, and 4 counties; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1517. By Representatives Wilkinson of the 41st, Teper of the 42nd, Post 1, Henson of the 55th, Ashe of the 42nd, Post 2, Douglas of the 73rd and others:
A BILL to amend Code Section 50-17-63 of the Official Code of Georgia Annotated, relating to authorized deposits and investments of the State Depository Board, so as to change certain provisions regarding investments which may be made by the director of the Office of Treasury and Fiscal Services; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1518. By Representatives Wix of the 33rd, Post 1, Parsons of the 29th, Heard of the 75th, McBee of the 74th and Barnes of the 84th, Post 2:
A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' System," so as to revise the legislative declaration; to make editorial changes to substitute terms used in the industry for existing terms; to revise definitions; to change provisions relating to the "911" Advisory Committee; to require all service suppliers doing business in this state to provide certain information to the Georgia Emergency Management Agency and to periodically update such information; and for other purposes.

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Referred to the Committee on Public Utilities & Telecommunications.

HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th and Stephens of the 124th, Post 2:
A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1519. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

Referred to the Committee on Economic Development & Tourism.

HB 1520. By Representatives Ray of the 108th and Royal of the 140th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes.

2/17/2004 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

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notice of a motion to engross HB 1520. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Ray District 108

Referred to the Committee on Ways & Means.

HB 1521. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "Health Share' Volunteers in Medicine Act"; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to change certain provisions relating to basis and method for computing compensation; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to revise the definition of "state officer or employee"; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1522. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "Health Share' Volunteers in Medicine Act"; to provide for short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for applicability; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated relating to state tort

WEDNESDAY, FEBRUARY 18, 2004

963

claims, so as to revise the definition of "state officer or employee"; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1522. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Channell District 77

Referred to the Committee on Industrial Relations.

HB 1523. By Representatives Parrish of the 102nd, Wix of the 33rd, Post 1, Royal of the 140th, Jamieson of the 22nd, Gardner of the 42nd, Post 3 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1523. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Parrish District 102

Referred to the Committee on Ways & Means.

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HR 1336. By Representative Ashe of the 42nd, Post 2:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2:
A RESOLUTION designating the Bruton Smith Parkway; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1341. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Barnes District 84, Post 2

Referred to the Committee on Transportation.

HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others:
A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that

WEDNESDAY, FEBRUARY 18, 2004

965

Constitution and urging the legislatures of other states to do the same; and for other purposes.

2/17/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1343. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Coan District 67, Post 1

Referred to the Committee on Rules.

HR 1344. By Representatives Broome of the 141st, Post 2, Snow of the 1st, Jamieson of the 22nd, Reece of the 11th, Stokes of the 72nd and others:
A RESOLUTION urging the Board of Regents of the University System of Georgia to take certain action with respect to the use of college textbooks; and for other purposes.

Referred to the Committee on Higher Education.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1493 HB 1494 HB 1495 HB 1496 HB 1497 HB 1498 HB 1499 HB 1500 HB 1501 HB 1502 HB 1503

HB 1504 HR 1314 HR 1315 HR 1322 HR 1323 HR 1324 SB 457 SB 469 SB 482 SR 595

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Pursuant to Rule 52, Representative Borders of the 142nd moved that the following Bill of the House be engrossed:

HB 1504. By Representatives Borders of the 142nd, Parham of the 94th, Royal of the 140th, Lane of the 101st and Buck of the 112th:
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 renew 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 expand such exemption to certain college or dormitory items; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Butler of the 88th, Post 1 moved that the following Resolution of the House be engrossed:

HR 1315. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

The motion prevailed.

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 833 Do Pass, by Substitute HB 1069 Do Pass, by Substitute HB 1358 Do Pass

WEDNESDAY, FEBRUARY 18, 2004

967

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Snow of the 1st District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 188 Do Pass, by Substitute

Respectfully submitted, /s/ Snow of the 1st
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1193 Do Pass HR 1199 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following report of the Committee on Rules was read and adopted:

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HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

HB 211 HB 300 HB 1248 HB 1250 HB 1253 HB 1310
HB 1331 HB 1409

Assistance dogs; interfering with, assaulting, killing; penalties Legislative Retirement; General Assembly; membership; prior service Motor carriers; violations; hearings; penalties Senior Protection Advisory Council; create Special license plates; Medal of Honor; surviving spouse retain Georgia Academic Placement and Promotion Policy; amend certain provisions Courts; mandatory sealing of records; certain circumstances Sales tax exemption; ice; processing and storing poultry and vegetables

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 419. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and Lee of the 29th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that persons convicted of crimes involving physical or emotional injury to their victims shall pay the medical costs of their victims including

WEDNESDAY, FEBRUARY 18, 2004

969

psychological counseling; to provide for hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 479. By Senators Hill of the 4th, Harp of the 16th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates commemorating service in the Global War on Terrorism; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 480. By Senators Gillis of the 20th, Tolleson of the 18th, Starr of the 44th, Williams of the 19th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2004"; to provide a short title; to provide a statement of legislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.
SB 481. By Senators Hill of the 4th and Thomas of the 10th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Parking Law for Persons with Disabilities," so as to redefine certain terms; to repeal conflicting laws; and for other purposes.
SB 484. By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 51st, Clay of the 37th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses generally, so as to repeal the prohibition on the impeachment of criminal defendants by general bad character evidence or prior convictions unless the defendant first places his or her character in issue; to provide for the impeachment of witnesses through evidence of character; to provide for method of impeachment through evidence of character; to provide limitations on such impeachment; to provide for the impeachment of witnesses through evidence of conviction of a crime;

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to provide for limitations on such impeachment by evidence of conviction of a crime; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 485. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 20-15-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Medical Center Authority, appointment of members, terms of office, vacancies, removal from office, compensation, existence of the authority, and accountability of members, so as to provide for administrative assignment; to repeal conflicting laws; and for other purposes.
SB 489. By Senators Mullis of the 53rd, Williams of the 19th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a

WEDNESDAY, FEBRUARY 18, 2004

971

legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 419. By Senators Unterman of the 45th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and Lee of the 29th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that persons convicted of crimes involving physical or emotional injury to their victims shall pay the medical costs of their victims including psychological counseling; to provide for hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 479. By Senators Hill of the 4th, Harp of the 16th and Thomas of the 2nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates commemorating service in the Global War on Terrorism; to provide for issuance, renewal, fees, licensing agreements, applications, and transfers relative to such license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

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SB 480. By Senators Gillis of the 20th, Tolleson of the 18th, Starr of the 44th, Williams of the 19th, Dean of the 31st and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2004"; to provide a short title; to provide a statement of legislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

SB 481. By Senators Hill of the 4th and Thomas of the 10th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, known as the "Parking Law for Persons with Disabilities," so as to redefine certain terms; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Human Relations & Aging.

SB 484. By Senators Hamrick of the 30th, Johnson of the 1st, Stephens of the 51st, Clay of the 37th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses generally, so as to repeal the prohibition on the impeachment of criminal defendants by general bad character evidence or prior convictions unless the defendant first places his or her character in issue; to provide for the impeachment of witnesses through evidence of character; to provide for method of impeachment through evidence of character; to provide limitations on such impeachment; to provide for the impeachment of witnesses through evidence of conviction of a crime; to provide for limitations on such impeachment by evidence of conviction of a crime; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 18, 2004

973

Referred to the Committee on Judiciary.

SB 485. By Senators Hall of the 22nd and Cheeks of the 23rd:
A BILL to be entitled an Act to amend Code Section 20-15-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Medical Center Authority, appointment of members, terms of office, vacancies, removal from office, compensation, existence of the authority, and accountability of members, so as to provide for administrative assignment; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 489. By Senators Mullis of the 53rd, Williams of the 19th, Smith of the 52nd and Zamarripa of the 36th:
A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOV lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 496. By Senators Hill of the 4th, Harp of the 16th, Harbison of the 15th and Crotts of the 17th:
A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to provide that the adjutant general may appoint officers of the organized militia as deputy assistant adjutants general; to provide that such deputy adjutant generals shall be of field rank or general officer rank; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Defense & Veterans Affairs.

Representative White of the 3rd, Post 2 arose to a point of personal privilege and addressed the House.

Representative Scott of the 138th 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 Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1250. By Representatives Teilhet of the 34th, Post 2, Buckner of the 109th, Stoner of the 34th, Post 1, Gardner of the 42nd, Post 3 and Jenkins of the 8th:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a senior protection advisory council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 18, 2004

975

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by inserting a new Chapter 19 to read as follows:
"CHAPTER 19
17-19-1. (a) There is created the Senior Protection Advisory Council to oversee efforts to educate elderly citizens about crimes committed against them, ways to protect themselves, and the manner in which to report illegal activities. The Attorney General shall serve as the chairperson of the council and the council shall be composed of nine additional members to be appointed as follows: three by the Governor, three by the Speaker of the House of Representatives, and three by the Lieutenant Governor. (b) Each appointing official shall initially appoint one member to serve for a term of three years, one member to serve for a term of four years, and one member to serve for a term of five years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. (c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The council shall elect its own officers. No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council. (d) The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses from the Department of Law funds, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided in Code Section 45-7-20. (e) The council is assigned to the Department of Law for administrative purposes only, as prescribed in Code Section 50-4-3."
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 E Ashe

E Day Dean
Y Deloach

Y Hill, C.A Y Hill, V E Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

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Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper E Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Holmes Houston
Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E 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 Y McBee Y McCall E McClinton Y Millar Y Mills

Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock 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 Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

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 E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 150, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1253. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Smyre of the 111th, Westmoreland of the 86th, Mosby of the 59th, Post 3 and others:
A BILL to amend Code Section 40-2-68 of the Official Code of Georgia Annotated, relating to special license plates for Medal of Honor winners, so as to provide that the surviving spouse of a person who has been issued Medal of Honor special license plates may retain and continue to display the plates; and for other purposes.

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977

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford
Cummings

E Day Dean
Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming 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 E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
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 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
Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson 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.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

978

JOURNAL OF THE HOUSE

HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", approved May 13, 2003 (Ga. L. 2003, p. 29), so as to change certain appropriations for the State Fiscal Year 2003-2004; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 2003-2004, as amended,
known as the "General Appropriations Act" approved May 13, 2003 (Ga. L. 2003, p. 29), is further amended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following:

AThat the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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 $14,604,836,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses

$ 34,496,470 $ 18,642,159 $ 5,457,157 $ 2,433,976

WEDNESDAY, FEBRUARY 18, 2004

979

Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$

102,500

$

3,500

$

0

$

0

$

804,000

$

21,450

$

7,479

$

621,989

$

349,357

$

75,000

$ 3,475,903

$

745,000

$

105,000

$ 1,652,000

$ 34,496,470

$ 34,496,470

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

$ 13,168,484 $ 13,168,484

$

457,858 $

457,858

$ 1,558,487 $ 1,558,487

$ 15,184,829 $ 15,184,829

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

Total Funds State Funds

$ 3,031,534 $ 3,031,534

$ 2,224,716 $ 2,224,716

$ 1,221,680 $ 1,221,680

$ 3,476,638 $ 3,476,638

$

412,266 $

412,266

980

JOURNAL OF THE HOUSE

Total

$ 10,366,834 $ 10,366,834

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. State Funds Personal Services Regular Operating Expenses Travel

$ 30,385,636

$ 26,029,702

$

879,100

$

400,000

WEDNESDAY, FEBRUARY 18, 2004

981

Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications

Total Funds Budgeted State Funds Budgeted

$

0

$

20,795

$ 1,105,815

$

195,000

$

0

$ 1,423,000

$

332,224

$ 30,385,636

$ 30,385,636

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted
State Funds Budgeted

$ 140,728,407

$ 16,504,442

$ 119,733,570

$ 4,765,927

$ 1,918,814

$

44,925

$

800,000

$

0

$ 143,767,678

$ 140,728,407

Judicial Branch Functional Budgets

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

$ 8,741,829 $ 7,421,463

$ 11,775,833 $ 11,685,833

$ 49,180,635 $ 49,180,635

$ 45,416,974 $ 43,873,069

$ 1,382,402 $ 1,382,402

$ 1,048,305 $ 1,048,305

$ 16,208,727 $ 16,123,727

$

250,642 $

250,642

$ 9,414,145 $ 9,414,145

$

0$

0

$

348,186 $

348,186

$ 143,767,678 $ 140,728,407

982

JOURNAL OF THE HOUSE

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
Total Funds Budgeted
State Funds Budgeted

$ 39,164,276

$ 18,893,559

$ 4,662,069

$

278,513

$

20,418

$

148,582

$ 2,614,510

$ 1,122,144

$

423,976

$

731,397

$

283,435

$

0

$ 2,096,250

$ 1,867,799

$ 6,014,012

$

0

$

32,077

$

44,450

$

68,737

$

0

$ 21,171,786

$

92,625

$ 60,566,339

$ 39,164,276

Departmental Functional Budgets

Administration Support Services Statewide Business Risk Management Executive Administration Governor's Small Business Center State Properties Commission Office of the Treasury State Office of Administrative Hearings Total

Total Funds State Funds

$ 30,943,102 $ 28,120,528

$ 13,161,829 $

408,840

$ 3,422,311 $ 3,384,690

$ 3,006,134 $

0

$ 1,397,033 $ 1,286,027

$

928,147 $

915,450

$

612,461 $

612,461

$ 2,639,428 $

362,649

$ 4,455,894 $ 4,073,631

$ 60,566,339 $ 39,164,276

WEDNESDAY, FEBRUARY 18, 2004

983

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

$ 16,018,934

$ 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

$ 45,897,356

$

0

Departmental Functional Budgets

Executive Division Facilities Operations Property Resources Internal Operations Transportation External Operations Total

Total Funds State Funds

$ 2,234,588 $

0

$ 27,439,242 $

0

$ 7,646,451 $

0

$ 1,184,402 $

0

$ 3,107,888 $

0

$ 4,284,785 $

0

$ 45,897,356 $

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

$

0

$ 54,658,111

$ 5,370,000

$

490,140

$

0

$

185,485

$ 33,673,324

$ 4,151,132

$

6,000

$ 14,319,286

984

JOURNAL OF THE HOUSE

Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted

$

400,000

$

0

$ 82,323,000

$

501,019

$ 3,481,106

$

0

$ 199,558,603

$

0

Section 5. Department of Agriculture. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted

$ 37,230,794

$ 32,587,578

$ 3,850,488

$ 1,043,708

$

0

$

412,082

$

664,341

$ 1,198,343

$

375,509

$

33,500

$ 1,479,998

$

566,619

$ 3,357,556

$ 3,042,091

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

39,000

$

0

$ 49,880,813

$ 37,230,794

Departmental Functional Budgets

Plant Industry

Total Funds State Funds $ 8,400,602 $ 6,961,865

WEDNESDAY, FEBRUARY 18, 2004

985

Animal Industry Marketing Internal Administration Public Affairs/Animal Protection Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$ 15,104,598 $ 12,141,910

$ 7,451,391 $ 3,697,498

$ 4,326,379 $ 4,119,825

$ 2,444,558 $ 2,319,558

$

0$

0

$ 11,350,495 $ 7,990,138

$

802,790 $

0

$ 49,880,813 $ 37,230,794

Section 6. Department of Banking and Finance. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 10,456,726

$ 9,019,404

$

269,025

$

318,557

$

0

$

2,347

$

170,978

$

548,976

$

117,004

$

10,435

$

0

$ 10,456,726

$ 10,456,726

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

$ 27,804,398

$ 65,834,093

$ 23,130,117

$ 1,979,687

$

611,739

$

0

$

166,022

$ 1,553,553

$

970,976

$

637,913

$

573,436

$

527,611

$

0

$ 1,873,256

$

112,500

$

160,500

986

JOURNAL OF THE HOUSE

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 One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 30,000,000

$

307,125

$ 5,000,000

$ 2,834,618

$

0

$

0

$ 2,925,000

$

772,189

$ 2,808,000

$

0

$

0

$

0

$ 1,250,000

$ 50,000,000

$ 4,556,478

$

731,250

$

495,000

$

195,000

$ 65,834,093

$ 200,006,063

$ 65,834,093

$ 27,804,398

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 Total

Total Funds State Funds

$ 1,033,202 $

766,282

$ 4,270,422 $ 4,084,033

$ 36,473,681 $ 4,712,673

$ 9,153,794 $ 2,834,618

$ 7,890,318 $ 6,224,209

$ 2,543,933 $

807,894

$ 1,264,010 $

789,196

$ 66,678,866 $ 3,216,749

$ 4,863,744 $ 4,368,744

$ 65,834,093 $ 65,834,093

$ 200,006,063 $ 93,638,491

WEDNESDAY, FEBRUARY 18, 2004

987

Section 8. Department of Community Health. A. Budget Unit: State Funds - Medicaid Services Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 1,786,659,271

$ 53,116,681

$ 33,070,353

$ 8,328,073

$

388,883

$

0

$

75,136

$ 92,768,439

$ 1,793,945

$

898,341

$ 1,499,495

$ 392,681,680

$ 5,437,141,230

$ 1,097,500

$

0

$

183,244

$

530,942

$ 1,009,000,000

$

61,258

$

350,757

$

728,000

$ 3,800,983

$ 2,023,883

$

50,000

$ 3,573,676

$ 18,445,897

$ 8,088,577

$

401,225

$

435,722

$

110,255

$ 7,017,527,494

$ 53,116,681

$ 1,786,659,271

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and Disallowances Medical Assistance Plans

Total Funds State Funds

$

878,539 $

558,110

$

363,822 $

181,911

$ 5,437,141,230 $ 1,715,560,523

$ 93,296,172 $ 8,805,154

988

JOURNAL OF THE HOUSE

Managed Care and Quality Information Technology General Counsel Operations Financial Planning and Fiscal Policy Minority Health Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce State Medical Education Board Composite Board of Medical Examiners Total

$ 2,191,886 $ 1,095,943

$ 102,875,219 $ 25,419,876

$ 6,272,585 $ 3,081,669

$ 6,686,039 $ 2,656,538

$ 6,302,470 $ 2,787,570

$ 3,057,906 $ 1,802,587

$

507,683 $

277,295

$

355,585 $

339,080

$ 2,601,647 $ 2,204,650

$ 304,991,665 $

0

$ 1,009,000,000 $ 34,000,000

$ 37,422,099 $ 37,422,099

$ 1,353,724 $ 1,353,724

$ 2,229,223 $ 2,229,223

$ 7,017,527,494 $ 1,839,775,952

B. Budget Unit: State Funds - Indigent Trust Fund Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

$ 90,602,023

$

0

$ 8,200,000

$ 360,067,504

$ 241,927,965

$ 610,195,469

$ 148,828,880

$ 370,764,566

$ 90,602,023

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted
Tobacco Funds Budgeted

$ 76,235,435

$ 4,970,705

$

368,353

$

165,254

$

45,000

$

0

$

1,155

$

130,599

$

0

$

11,675

$

0

$ 10,085,357

$ 274,251,193

$ 285,058,586

$ 4,970,705

WEDNESDAY, FEBRUARY 18, 2004

989

State Funds Budgeted

$ 76,235,435

Section 9. Department of Corrections. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 905,090,151

$ 545,691,691

$ 64,058,000

$ 2,002,328

$ 1,809,244

$ 2,491,894

$ 5,681,517

$ 7,792,861

$ 7,178,331

$

42,637

$ 76,074,263

$

0

$ 26,309,405

$ 1,300,000

$ 37,726,400

$ 15,350,000

$

0

$ 1,093,624

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 129,879,109

$

449,944

$ 1,024,200

$ 933,877,783

$

450,000

$ 905,090,151

Departmental Functional Budgets

Executive Operations Administration Human Resources Field Probation Facilities

Total Funds State Funds $ 31,544,118 $ 31,094,118 $ 20,947,914 $ 20,947,914 $ 8,662,002 $ 8,662,002 $ 88,626,530 $ 85,283,069 $ 636,986,776 $ 620,456,814

990

JOURNAL OF THE HOUSE

Programs Total

$ 147,110,443 $ 138,646,234 $ 933,877,783 $ 905,090,151

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

Total Funds Budgeted

State Funds Budgeted

$ 7,895,875

$ 17,793,977

$ 23,939,607

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,022,261

$ 1,341,895

$

244,000

$

0

$

9,930

$ 44,607,181

$ 7,895,875

Departmental Functional Budgets

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

Total Funds State Funds

$ 2,559,246 $ 2,096,505

$ 7,479,634 $

985,832

$ 34,568,301 $ 4,813,538

$ 44,607,181 $ 7,895,875

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

$ 5,919,873,988

$

0

$ 42,333,072

$ 5,712,285

$ 1,281,935

$

0

$

292,680

$ 1,135,404

$ 4,222,787

$ 41,485,401

$ 9,573,252

WEDNESDAY, FEBRUARY 18, 2004
Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - 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

991

$

903,485

$

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

$ 157,439,881

$(1,206,225,204)

$ 118,649,246

$

0

$ 288,182,775

$ 6,352,443

$

826,722

$

384,555

$ 4,022,464

$ 7,289,841

$ 48,795,180

$ 16,909,425

$

57,313

$ 309,883,868

$ 7,021,675

$ 191,495,397

$ 5,508,750

$

0

$ 1,746,166

$

719,129

$ 188,375,722

$

786,651

$ 1,546,542

992

JOURNAL OF THE HOUSE

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 State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Innovative Programs Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First 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

$ 5,702,222

$ 21,881,401

$ 1,158,544

$

0

$ 1,608,000

$

150,000

$ 10,567,629

$ 36,246,276

$ 7,301,341

$

639,390

$

0

$ 107,826,070

$ 9,389,202

$

0

$

267,535

$ 11,111,789

$ 66,287,536

$ 4,911,783

$ 3,744,077

$ 1,188,000

$ 8,478,748

$

250,000

$ 6,894,490

$

0

$ 5,643,290

$

0

$ 30,000,000

$ 75,422,493

$ 10,975,646

$ 3,644,339

$ 11,636,228

$ 1,305,919

$

0

$

11,466

$ 1,631,573

$

0

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

WEDNESDAY, FEBRUARY 18, 2004

993

Title VI-B Rural and Low-Income Temporary QBE Reduction
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$ 6,941,585

$ (283,457,474)

$ 6,998,643,446

$

0

$

0

$ 5,919,873,988

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 Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

Total Funds State Funds

$

306,548 $

306,548

$ 6,407,280 $ 6,103,964

$ 23,271,729 $ 5,455,419

$ 1,472,108 $ 1,394,519

$ 13,250,398 $ 6,388,718

$ 14,578,981 $ 2,696,910

$ 20,567,286 $ 15,088,951

$ 6,899,922,725 $ 5,894,600,818

$

0$

0

$ 6,125,523 $ 5,862,005

$ 5,920,575 $ 5,494,104

$ 6,820,293 $ 6,482,032

$ 6,998,643,446 $ 5,949,873,988

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

$ 1,215,299 $ 252,493,071

994

JOURNAL OF THE HOUSE

Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees
Total Funds Budgeted State Funds Budgeted
Section 13. Forestry Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 2,131,565

$ 4,909,478

$ 1,123,882

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$ 75,495,529

$

667,000

$ 336,911,942

$ 259,534,114 $ 1,215,299

$

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

$ 10,207,623

$

617,000

$ 33,533,361

$ 29,581,589

$ 5,730,944

$

120,671

$

894,579

WEDNESDAY, FEBRUARY 18, 2004

995

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County Grant Ware County Grant for Southern Forest World Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$ 1,727,651

$

357,000

$

11,518

$

723,271

$

9,500

$

544,260

$

60,000

$

28,500

$

0

$ 39,789,483

$ 33,533,361

Departmental Functional Budgets

Reforestation Field Services General Administration and Support Total

Total Funds State Funds

$ 2,035,204 $

3,348

$ 34,103,948 $ 30,047,837

$ 3,650,331 $ 3,482,176

$ 39,789,483 $ 33,533,361

Section 14. Georgia Bureau of Investigation. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 59,854,420

$ 48,386,014

$ 5,576,524

$

399,199

$

233,921

$

220,443

$

407,820

$

497,670

$ 1,152,693

$ 2,231,277

$ 2,319,974

$

288,667

$

0

$ 1,500,000

$ 27,783,371

$ 90,997,573

$ 59,854,420

Departmental Functional Budgets

996

JOURNAL OF THE HOUSE

Administration Investigative Georgia Crime Information Center Forensic Sciences Criminal Justice Coordinating Council Total

Total Funds State Funds

$ 6,181,937 $ 6,181,937

$ 25,095,702 $ 25,095,702

$ 10,718,043 $ 10,553,723

$ 17,690,792 $ 17,690,792

$ 31,311,099 $

332,266

$ 90,997,573 $ 59,854,420

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
Total Funds Budgeted
State Funds Budgeted

$ 39,786,550

$ 21,240,587 $ 1,550,980

$

348,070

$

0

$

59,911

$

439,488

$ 1,173,160

$

555,212

$ 1,408,170

$ 5,067,670

$ 4,901,136

$

40,000

$ 3,861,681

$

358,595

$ 3,572,584

$

274,194

$

162,630

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 46,267,998

$ 39,786,550

Departmental Functional Budgets

Governor's Office Office of Equal Opportunity

Total Funds State Funds

$ 9,161,412 $ 9,161,412

$ 1,151,394 $

764,177

WEDNESDAY, FEBRUARY 18, 2004

997

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

$ 9,743,145 $ 9,743,145

$ 4,902,513 $ 4,238,420

$ 4,044,380 $ 3,476,691

$

719,483 $

719,483

$

0$

0

$ 6,762,279 $ 6,650,349

$ 6,665,342 $ 2,180,823

$ 1,472,888 $ 1,206,888

$

932,369 $

932,369

$

712,793 $

712,793

$ 46,267,998 $ 39,786,550

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
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 1,377,263,435 $ 44,068,581 $ 2,000,000

$ 106,335,105

$ 5,823,370

$ 2,701,746

$

0

$

481,747

$ 10,316,012

$ 5,616,648

$ 32,098,199

$ 53,851,170

$ 16,576,184

$

0

$

0

$ 87,093,017

$

163,451

$ 2,095,936

$ 34,317,677

$ 1,704,400

$ 1,850,000

$ 361,024,662

$ 4,737,777

$ 8,278,248

$ 2,000,000

$ 165,201,856

Departmental Functional Budgets

998

JOURNAL OF THE HOUSE

Total Funds State Funds

Commissioner's Office

$ 1,191,672 $ 1,191,672

Office of Planning and Budget Services

$ 4,143,173 $ 4,114,656

Office of Adoptions

$ 8,848,033 $ 5,602,214

Children's Community Based Initiative

$ 9,963,035 $ 9,688,035

Human Resources and Organization Development $ 1,239,398 $ 1,239,398

Computer Services

$ 69,061,757 $ 33,602,493

Technology and Support

$ 17,614,937 $ 13,239,892

Facilities Management

$ 8,728,716 $ 6,499,514

Regulatory Services - Program Direction and Support $

952,428 $

677,915

Child Care Licensing

$ 3,826,081 $ 3,650,087

Health Care Facilities Regulation

$ 12,251,053 $ 5,717,529

Office of Investigation

$ 6,553,468 $ 1,786,944

Office of Financial Services

$ 9,856,941 $ 5,467,231

Office of Audits

$ 2,483,613 $ 2,483,613

Human Resource Management

$ 6,668,108 $ 6,668,108

Transportation Services

$ 18,862,511 $ 2,771,004

Office of Facilities and Support Services

$ 5,557,937 $ 5,557,937

Indirect Cost

$

0 $ (18,461,135)

Policy and Government Services

$ 1,396,407 $ 1,246,407

Aging Services

$ 98,847,723 $ 64,291,541

DDSA Council

$ 2,276,763 $

29,023

Brain and Spinal Trust Fund Benefits

$ 2,000,000 $ 2,000,000

Office of Child Support Enforcement

$ 68,700,908 $ 16,416,026

Total

$ 361,024,662 $ 175,480,104

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

$ 55,755,173

$ 77,472,557

$

885,429

$

0

$

195,367

$ 1,509,862

$ 1,053,033

$ 9,229,433

$

0

$ 1,032,038

$

324,000

$ 28,268,650

$ 153,888,428

$

196,235

$ 6,138,072

WEDNESDAY, FEBRUARY 18, 2004

999

Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 335,948,277

$

324,160

$ 22,193,977

$ 161,051,291

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

Total Funds State Funds

$ 13,601,694 $ 13,444,126

$ 5,402,983 $ 2,425,625

$ 2,903,473 $ 2,578,298

$ 2,195,951 $

985,089

$ 6,251,438 $ 5,484,619

$ 5,385,227 $ 5,385,227

$ 3,285,095 $ 1,009,508

$ 11,695,479 $

725,000

$ 85,325,463 $

0

$ 67,334,380 $ 66,347,829

$ 13,078,079 $ 6,248,767

$ 3,762,641 $ 2,319,293

$

593,232 $

477,088

$ 3,460,209 $ 3,100,969

$ 1,702,964 $

0

$ 5,841,748 $ 4,242,787

$ 2,192,913 $ 1,286,761

$

883,516 $

661,655

$ 2,883,080 $ 1,199,521

$ 1,884,391 $ 1,884,391

$

0$

0

$ 8,225,968 $ 8,225,968

$ 3,011,205 $ 2,733,139

$ 2,264,558 $ 1,983,776

$

936,370 $

936,370

$ 2,100,668 $ 1,569,193

$ 7,902,630 $ 7,632,630

$

294,270 $

294,270

$ 21,942,470 $ 15,080,753

$ 12,152,398 $ 4,079,320

$ 12,580,279 $ 2,885,718

$

145,387 $

127,890

$ 13,037,544 $ 10,336,018

$

255,988 $

143,983

$ 11,434,586 $ 11,434,586

1000

JOURNAL OF THE HOUSE

Public Health - Division Indirect Cost Total

$

0 $ (4,024,899)

$ 335,948,277 $ 183,245,268

3. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 13,908,298

$ 3,181,183

$ 1,206,903

$

0

$

237,019

$

455,237

$ 6,681,954

$ 8,745,966

$

0

$

669,785

$ 7,453,650

$ 123,303,498

$ 7,212,714

$ 474,778,521

$ 31,182,611

$ 2,401,505

$ 387,511,570

$ 1,068,930,414

$

0

$ 3,341,218

$ 455,978,602

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

Total Funds State Funds

$

981,512 $

981,512

$ 6,840,444 $ 5,650,973

$ 4,617,351 $ 2,631,522

$ 3,734,855 $ 3,734,855

$ 14,160,081 $ 1,939,005

$ 2,856,460 $ 2,856,460

$ 5,233,714 $ 3,240,013

$ 3,243,921 $ 3,104,482

$

419,493 $

419,493

$ 114,134,948 $ 50,584,878

$

0$

0

$ 2,795,420 $

0

$ 7,223,130 $

0

WEDNESDAY, FEBRUARY 18, 2004

1001

County DFACS Operations - Eligibility County DFACS Operations - Social Services Food Stamp Issuance County DFACS Operations - Homemakers Services County DFACS Operations - Joint and
Administration County DFACS Operations - Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Troubled Children Child Day Care Special Projects Children's Trust Fund Indirect Cost Total

$ 115,156,448 $ $ 148,596,356 $ $ 3,190,752 $ $ 7,802,877 $ $ 90,212,741 $

50,350,630 64,504,087
0 0 43,413,239

$ 26,143,148 $ 10,247,979

$ 43,105,900 $ 10,743,985

$ 6,546,322 $ 2,670,531

$ 68,872,403 $ 37,137,938

$ 61,823,596 $ 40,213,414

$ 13,280,480 $ 7,851,508

$ 49,863,693 $ 28,604,393

$ 16,744,598 $ 3,069,048

$ 64,908,874 $ 36,720,495

$ 174,950,043 $ 50,141,358

$ 4,037,204 $ 3,997,204

$ 7,453,650 $ 7,453,650

$

0 $ (12,942,832)

$ 1,068,930,414 $ 459,319,820

4. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 300,223,326

$ 59,967,012

$

200,000

$ 9,501,001

$ 1,991,161

$ 475,430,249

$ 847,312,749

$

558,163

$ 10,255,138

$ 595,031,686

Departmental Functional Budgets

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital

Total Funds State Funds $ 35,127,005 $ 21,357,081 $ 21,301,244 $ 15,387,651 $ 33,009,271 $ 22,429,463 $ 42,133,045 $ 31,017,081 $ 116,197,217 $ 67,113,686

1002

JOURNAL OF THE HOUSE

Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Program Direction and Support Regional Offices Total

$ 21,567,229 $ 17,111,722 $ 47,145,476 $ 18,558,275 $ 24,324,453 $ 19,457,788 $ 4,274,012 $ 3,333,322 $ 209,786,898 $ 196,764,396 $ 165,718,785 $ 131,684,146 $ 102,490,368 $ 47,364,467 $ 15,144,492 $ 6,759,666 $ 9,093,254 $ 6,948,080 $ 847,312,749 $ 605,286,824

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Operating Expenses Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund

$ 476,221,902 $ 86,477,110 $ 4,794,078

$

200,000

$

914,133

$ 12,281,111

$ 13,351,635

$ 50,073,598

$ 53,851,170

$ 18,278,007

$ 59,967,012

$ 475,430,249

$

0

$ 7,453,650

$ 123,303,498

$ 7,536,714

$ 474,778,521

$ 146,544,278

$ 153,888,428

$ 2,154,612

$ 9,501,001 $ 4,693,676 $ 34,317,677 $ 389,215,970 $ 6,138,072 $ 1,850,000 $ 2,613,216,102

$ 5,620,100

$ 44,068,581 $ 2,000,000

WEDNESDAY, FEBRUARY 18, 2004

1003

State Funds Budgeted

$ 1,377,263,435

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
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 36,056,864

$

0

$ 12,686,010

$ 1,246,602

$

590,306

$

0

$

15,597

$

376,336

$

793,884

$

416,120

$

35,200

$ 1,161,998

$

244,335

$ 8,287,073

$ 10,154,653

$

0

$

48,750

$

0

$

0

$

0

$

0

$ 36,056,864

$

0

$ 36,056,864

Departmental Functional Budgets

Administration Economic Development Trade Tourism Film Total

Total Funds State Funds

$ 21,052,905 $ 21,052,905

$ 7,082,068 $ 7,082,068

$ 2,914,020 $ 2,914,020

$ 4,398,379 $ 4,398,379

$

609,492 $

609,492

$ 36,056,864 $ 36,056,864

Section 18. Department of Insurance. State Funds Personal Services

$ 16,327,511 $ 14,843,088

1004

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$

702,947

$

433,030

$

80,176

$

20,000

$

223,000

$

622,028

$

353,700

$

86,042

$

0

$

0

$ 17,364,011

$ 16,327,511

Departmental Functional Budgets

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home Regulations Special Insurance Fraud Fund Total

Total Funds State Funds

$ 5,166,572 $ 5,166,572

$ 6,386,142 $ 6,386,142

$

510,639 $

510,639

$ 4,726,805 $ 3,690,305

$

573,853 $

573,853

$ 17,364,011 $ 16,327,511

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve

$ 273,049,598

$ 162,118,746

$ 14,384,343

$ 2,167,137

$

214,143

$

686,951

$ 3,398,720

$ 4,202,418

$ 2,251,242

$ 4,329,248

$ 5,438,254

$ 3,260,451

$

383,333

$

0

$ 89,071,145

$

0

$

0

$

0

WEDNESDAY, FEBRUARY 18, 2004

1005

Children and Youth Grants Juvenile Justice Grants

Total Funds Budgeted State Funds Budgeted

$

200,000

$ 1,203,259

$ 293,309,390

$ 273,049,598

Departmental Functional Budgets

Regional Youth Development Centers Youth Development Centers YDC Purchased Services Court Services Day Centers Group Homes Community Corrections Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Children and Youth Coordinating Council Total

Total Funds State Funds

$ 82,102,260 $ 80,598,300

$ 69,348,010 $ 67,100,591

$ 22,366,803 $ 21,462,996

$ 34,307,923 $ 29,803,116

$

574,022 $

574,022

$ 1,848,949 $ 1,848,949

$ 50,578,032 $ 41,217,008

$ 1,392,991 $ 1,392,991

$

911,303 $

911,303

$ 4,342,246 $ 4,252,246

$ 19,998,401 $ 19,800,182

$ 3,255,802 $ 3,255,802

$ 2,282,648 $

832,092

$ 293,309,390 $ 273,049,598

Section 20. Department of Labor.

A. Budget Unit: State Funds - Department of

Labor

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

Equipment

Computer Charges

Real Estate Rentals

Telecommunications

WIA Contracts Per Diem and Fees Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted

State Funds Budgeted

$ 14,982,062

$ 87,832,868

$ 7,405,831

$ 1,481,527

$

34,858

$

566,309

$ 2,710,148

$ 2,830,503

$ 1,910,832

$ 54,500,000

$ 2,778,378

$ 1,513,287

$

0

$ 1,287,478

$

0

$ 164,852,019

$ 14,982,062

1006

JOURNAL OF THE HOUSE

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 Capital Outlay
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$ 27,775,736

$ 91,862,705

$ 13,928,245

$ 2,003,571

$

39,095

$ 1,081,290

$ 6,022,313

$ 7,177,826

$ 4,425,033

$ 2,573,235

$ 2,953,221

$ 41,304,191

$ 1,056,753

$ 12,645,710

$

255,000

$

0

$ 187,328,188

$

150,000

$ 27,775,736

Departmental Functional Budgets

Vocational Rehabilitation Services Business Enterprise Program Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Warm Springs Institute Total

Total Funds State Funds

$ 85,374,676 $ 17,636,493

$ 1,651,003 $

347,875

$ 3,887,774 $ 2,410,128

$ 55,297,080 $

0

$ 11,800,937 $

701,562

$ 29,316,718 $ 6,679,678

$ 187,328,188 $ 27,775,736

Section 21. Department of Law. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$ 14,264,933

$ 14,339,147

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

155,913

WEDNESDAY, FEBRUARY 18, 2004
Per Diem and Fees Contracts Books for State Library Transfer Funds to Governor's Office
Total Funds Budgeted State Funds Budgeted
Section 22. Merit System of Personnel Administration.
State Funds Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem and Fees Contracts Computer Charges Telecommunications Payments to State Treasury
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Deferred Compensation State Funds Budgeted
Section 23. Department of Motor Vehicle Safety. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs

1007

$ 19,350,000

$

0

$

197,158

$

0

$ 36,060,521

$ 14,264,933

$

0

$ 8,630,409

$

991,171

$

133,213

$

0

$

706,480

$

239,697

$

843,311

$ 1,727,172

$

173,863

$ 2,201,416

$ 15,646,732

$

0

$ 1,573,802

$ 13,142,987

$

929,943

$

0

$ 77,665,832

$ 56,932,433

$ 6,972,031

$

457,236

$

328,884

$

339,285

$ 12,461,537

$ 2,730,422

$ 2,526,623

$

330,653

$ 1,316,560

$

0

$

0

$

0

1008

JOURNAL OF THE HOUSE

Conviction Reports Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$

329,824

$ 3,044,237

$

750,000

$

0

$ 88,519,725

$ 6,396,898

$ 1,960,000

$ 77,665,832

Departmental Functional Budgets

Administration Operations Enforcement Total

Total Funds State Funds $ 33,307,404 $ 28,020,819 $ 40,232,849 $ 40,232,849 $ 14,979,472 $ 9,412,164 $ 88,519,725 $ 77,665,832

Section 24. Department of Natural Resources. A. Budget Unit: State Funds - Department of
Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation

$ 96,112,163

$ 86,955,354

$ 15,255,896

$

813,926

$

0

$ 1,444,687

$ 3,282,064

$ 1,268,551

$ 6,253,031

$

544,000

$ 1,358,959

$

0

$

689,910

$ 1,333,300

$

669,178

$ 3,314,750

$

982,330

$

500,000

$

800,000

$

241,277

$

0

WEDNESDAY, FEBRUARY 18, 2004

1009

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
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

$

97,500

$

57,465

$ 3,595,077

$

0

$

0

$ 1,703,228

$

407,696

$

100,000

$

31,000

$

24,000

$

903,941

$

0

$ 132,627,120

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 96,112,163

Departmental Functional Budgets

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

Total Funds State Funds

$ 5,150,779 $ 5,103,513

$ 7,359,627 $ 7,359,627

$ 2,556,959 $ 2,066,959

$ 39,793,280 $ 19,751,491

$ 2,453,802 $ 2,282,940

$ 34,742,697 $ 29,285,726

$ 40,179,380 $ 29,975,224

$

390,596 $

286,683

$ 132,627,120 $ 96,112,163

B. Budget Unit: State Funds - Georgia Agricultural Exposition Authority
Personal Services

$

0

$ 3,205,081

1010

JOURNAL OF THE HOUSE

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted
C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted

Section 25. State Board of Pardons and Paroles. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 2,305,631

$

10,000

$

0

$

36,796

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$ 6,500,675

$

0

$

0

$

923,985

$

172,637

$

1,790

$

0

$

8,830

$

1,000

$

0

$

15,000

$

0

$

5,000

$

52,000

$

75,000

$ 1,255,242

$

0

$ 46,609,659

$ 38,442,338

$ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$ 1,002,721

$

929,209

WEDNESDAY, FEBRUARY 18, 2004

1011

Contracts County Jail Subsidy Health Services Purchases

Total Funds Budgeted State Funds Budgeted

$

284,774

$

617,500

$

20,000

$ 46,609,659

$ 46,609,659

Section 26. Department of Public Safety. A. Budget Unit: State Funds - Department of
Public Safety Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 75,970,983

$ 65,729,194

$ 7,795,297

$

76,895

$ 2,876,986

$

290,290

$

654,000

$

100,695

$ 1,743,369

$

240,122

$

289,333

$

316,237

$

0

$

0

$ 80,112,418

$

990,000

$ 75,970,983

Departmental Functional Budgets

Administration Field Operations Capitol Police Total

Total Funds State Funds

$ 15,291,287 $ 14,451,287

$ 61,669,696 $ 61,519,696

$ 3,151,435 $

0

$ 80,112,418 $ 75,970,983

B. Budget Unit: State Funds - Units Attached for Administrative Purposes Only
Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 13,810,732

$ 10,375,436

$ 2,618,201

$

113,908

$

0

1012

JOURNAL OF THE HOUSE

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

160,599

$

256,767

$

312,679

$

303,858

$

211,129

$

29,579

$ 2,525,200

$ 1,720,940

$

0

$ 18,628,296

$ 13,810,732

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds State Funds

$ 3,794,167 $

548,940

$ 1,371,835 $ 1,371,835

$ 1,182,466 $ 1,083,893

$ 1,126,203 $ 1,013,340

$

455,845 $

455,845

$ 10,697,780 $ 9,336,879

$ 18,628,296 $ 13,810,732

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 1,420,696

$

587,500

$

833,196

$ 1,420,696

$ 1,420,696

Section 28. Public Service Commission. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

$ 8,532,730

$ 6,571,487

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

494,933

$

117,773

$

628,262

WEDNESDAY, FEBRUARY 18, 2004
Contracts Total Funds Budgeted State Funds Budgeted
Section 29. Board of Regents, University System of Georgia.
A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding 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

1013

$

431,908

$ 8,806,041

$ 8,532,730

$ 1,428,449,898 $ 6,244,639

$ 1,803,949,949 $ 503,438,312

$ 470,892,762

$ 755,196,564

$ 31,120,771

$

988,152

$

326,759

$

955,831

$ 28,277,080

$ 95,063,332

$ 3,690,209,512

$ 132,560,254

$ 1,258,634,876

$ 861,280,345

$ 3,039,500

$

0

$ 6,244,639

$ 1,428,449,898

$ 201,026,733

$

0

$ 130,390,367 $ 75,862,198

$ 48,142,679 $ 41,236,508 $ 2,654,645

1014

JOURNAL OF THE HOUSE

Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc. Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 24,377,860

$

0

$

0

$ 8,624,939

$

819,638

$

517,964

$ 1,745,496

$ 17,703,442

$ 34,580,642

$

0

$ 33,168,087

$ 419,824,465

$ 8,961,113

$ 130,889,335

$ 78,403,784

$

543,500

$

0

$ 201,026,733

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/ Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Public Libraries State Data Center Total

Total Funds State Funds

$ 2,735,555 $ 1,550,755

$ 6,664,647 $ 1,691,708

$ 1,763,841 $

996,208

$ 130,668,179 $ 9,086,302

$ 24,377,860 $ 9,361,860

$ 75,516,239 $ 43,074,977

$ 59,237,775 $ 36,143,638

$

193,500 $

0

$ 3,461,327 $ 3,461,327

$ 7,192,975 $

492,975

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 61,341,456 $ 61,234,607

$ 38,241,331 $ 33,932,376

$

150,000 $

0

$ 419,824,465 $ 201,026,733

WEDNESDAY, FEBRUARY 18, 2004
C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted
D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted Lottery Funds Budgeted
Section 30. Department of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted

1015

$

0

$ 14,351,727

$ 17,505,728

$ 4,070,278

$

0

$ 35,927,733

$ 35,927,733

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 466,766,036

$

150,000

$ 58,083,981

$ 7,345,671

$

987,071

$

49,980

$

276,384

$ 14,723,799

$ 6,935,736

$ 1,347,830

$

606,992

$ 1,223,613

$ 3,984,294

$

0

$

0

$ 17,785,550

$ 380,000,000

$ 493,350,901

1016

JOURNAL OF THE HOUSE

Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 2,545,000

$

150,000

$ 466,766,036

Departmental Functional Budgets

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

Total Funds State Funds

$ 37,235,046 $ 19,449,496

$ 7,513,511 $ 7,513,511

$ 15,955,172 $ 14,700,172

$ 25,183,030 $ 21,277,267

$ 7,372,184 $ 7,372,184

$ 384,779,903 $ 382,669,768

$ 5,660,773 $ 5,638,130

$

5,000 $

5,000

$ 6,431,798 $ 5,231,798

$ 3,214,484 $ 2,908,710

$ 493,350,901 $ 466,766,036

Section 31. Secretary of State. A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay
Total Funds Budgeted
Other Funds Budgeted State Funds Budgeted

$ 31,750,744

$ 18,856,886

$ 3,703,410

$

357,621

$

0

$

65,019

$ 3,075,698

$ 4,464,296

$

920,498

$

171,876

$ 4,631,455

$

364,335

$

0

$ 36,611,094

$ 3,796,000 $ 31,750,744

Departmental Functional Budgets

Internal Administration Archives and Records

Total Funds State Funds $ 5,495,822 $ 5,465,822 $ 6,562,296 $ 6,487,296

WEDNESDAY, FEBRUARY 18, 2004

1017

Capitol Education Center Business Services - Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$

411,684 $

411,684

$ 1,846,999 $ 1,107,649

$ 1,957,238 $ 1,907,238

$ 9,079,165 $ 9,059,165

$ 1,296,730 $ 1,296,730

$

764,751 $

764,751

$ 8,936,643 $ 8,786,643

$

259,766 $

259,766

$ 36,611,094 $ 35,546,744

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,330,272

$ 1,572,130

$

145,000

$

47,000

$

0

$

12,500

$

154,185

$

179,512

$

79,043

$

110,902

$

30,000

$ 2,330,272

$ 2,330,272

Section 32. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted

$ 3,192,797

$ 1,865,751

$

355,563

$

43,721

$

90,534

$

65,115

$

11,605

$

202,339

$

43,461

$

129,176

$ 1,663,066

$

0

$ 4,470,331

$ 3,192,797

1018

JOURNAL OF THE HOUSE

Section 33. Student Finance Commission. A. Budget Unit: State Funds - Student Finance
Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted

$ 38,308,251

$

557,222

$

15,915

$

8,000

$

0

$

6,300

$

6,000

$

49,015

$

8,996

$

7,060

$

13,565

$ 3,665,449

$ 29,108,559

$

64,655

$

455,856

$

22,427

$

0

$

685,560

$ 1,487,410

$ 2,666,915

$ 38,828,904

$ 38,308,251

Departmental Functional Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 38,156,831 $ 37,636,178

$

672,073 $

672,073

$ 38,828,904 $ 38,308,251

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

$ 441,305,643

$ 261,267,431

$ 55,896,225

$ 60,501,057

$

0

$ 45,086,180

$

770,477

$

255,850

$ 5,332,698

WEDNESDAY, FEBRUARY 18, 2004
Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted Lottery Funds Budgeted
Section 34. Teachers' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems
Total Funds Budgeted State Funds Budgeted
Section 35. Department of Technical and Adult Education.
A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions

1019

$ 5,855,278

$

559,090

$

760,000

$ 1,992,161

$ 3,029,196

$ 441,305,643

$ 441,305,643

$ 2,489,000

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

$ 9,185,000

$

723,975

$

270,000

$

493,000

$

0

$

0

$ 2,390,000

$

99,000

$ 26,898,268

$ 2,489,000

$ 300,414,271

$ 6,191,294

$

336,985

$

125,510

$

0

$

19,359

$

586,463

$

126,671

$

169,110

$

427,695

$

115,980

$

0

$ 263,032,595

1020

JOURNAL OF THE HOUSE

Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 63,264,442 $ 6,122,305 $ 19,506,603 $ 3,481,395 $ 12,654,981 $ 376,161,388
$ 300,414,271

Departmental Functional Budgets

Administration Institutional Programs Total

Total Funds State Funds $ 8,099,067 $ 6,039,279 $ 368,062,321 $ 294,374,992 $ 376,161,388 $ 300,414,271

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
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

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 664,736,201 $ 262,036,283 $ 79,541,041 $ 2,102,945 $ 1,927,750 $ 6,422,328 $ 8,850,593 $ 1,830,782 $ 4,924,470 $ 7,368,438 $ 47,066,064 $ 1,126,805,995 $ 3,766,087 $ 16,792,867

WEDNESDAY, FEBRUARY 18, 2004

1021

Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations
Payments to the State Road and Tollway Authority Contracts with the Georgia Rail Passenger Authority Guaranteed Revenue Debt Reserve Fund
Total Funds Budgeted
State Funds Budgeted

$

721,355

$ 38,170,605

$

200,000

$ 26,155,000

$ 1,634,682,603

$ 664,736,201

Departmental Functional Budgets

Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

Total Funds $ 1,333,878,643 $ $ 232,962,680 $ $ 14,132,944 $ $ 27,247,895 $ $ 1,608,222,162 $

State Funds 383,438,356 228,378,541 13,632,944
26,344,145 651,793,986

General Funds Budget Planning and Construction Maintenance and Betterments Administration Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities Total

$

0$

0

$

0$

0

$

0$

0

$ 2,825,856 $ 2,168,061

$ 22,913,230 $ 10,052,799

$

721,355 $

721,355

$ 26,572,566 $ 12,942,215

Section 37. Department of Veterans Service. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial

$ 22,131,693

$ 5,931,769

$

357,117

$

136,200

$

0

$

100,822

$

6,999

$

221,889

$

85,516

$

24,500

$ 18,014,875

$ 7,790,296

$

0

$

0

1022

JOURNAL OF THE HOUSE

Regular Operating Expenses for Projects and Insurance Total Funds Budgeted
State Funds Budgeted

$

194,395

$ 32,864,378

$ 22,131,693

Departmental Functional Budgets

Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds State Funds $ 25,074,082 $ 17,321,989 $ 7,790,296 $ 4,809,704 $ 32,864,378 $ 22,131,693

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 Contracts
Total Funds Budgeted
State Funds Budgeted

$ 17,056,071

$ 9,954,026

$

470,115

$

140,600

$

0

$

44,048

$ 3,261,976

$ 1,341,009

$

176,744

$

183,100

$ 1,832,453

$

16,000

$ 17,420,071

$ 17,056,071

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) Other Funds

$ 419,574,999 $ 66,000,000 $ 290,586,070 $ 776,161,069

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

$ 60,463,309

$

0

$ 60,463,309

WEDNESDAY, FEBRUARY 18, 2004

1023

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, and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 41. Provisions Relative to Section 4, Department of Administrative Services.
It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.
Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2003 of all vehicles purchased or newly leased during Fiscal Year 2003.
Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of

1024

JOURNAL OF THE HOUSE

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 below 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 below states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Recipient City of Milledgeville

Description Funding for operating expenses for Silver Haired Legislature

Amount $ 15,000

Section 43. Provisions Relative to Section 8, Department of Community Health.
There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the 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.

WEDNESDAY, FEBRUARY 18, 2004

1025

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.72. 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 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts

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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.
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

WEDNESDAY, FEBRUARY 18, 2004

1027

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.
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.

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c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 36 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
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

WEDNESDAY, FEBRUARY 18, 2004

1029

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
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

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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 by object class, which is the legal level of budgetary control contemplated in this Appropriations Act.
Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a
specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 58. No State appropriations authorized under this Act shall be used to continue
programs currently funded entirely with Federal funds.
Section 59. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the
Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 60. (a.) All expenditures and appropriations made and authorized under this Act shall
be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2003 Regular Session, except as provided, however, the Director of the Budget is 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

WEDNESDAY, FEBRUARY 18, 2004

1031

initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 61. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined
Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
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

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of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.

Section 63.

Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.

A.) Maturities not to exceed two hundred forty months.
New academic building at Georgia Military College $

Department of Technical and Adult Education

$

projects:

Construct and equip a classroom building at Heart of

Georgia Technical College - $13,722,000

Construct a classroom building at Savannah Technical

College, Effingham Campus - $1,900,000

Campus expansion at Middle Georgia Technical

College - $1,000,000

Design of a classroom building at Atlanta Technical

College - $500,000

Board of Regents, University System of Georgia

$

projects:

Library construction in South Bibb County

$2,500,000

Library expansion in Wheeler County - $500,000

Renovation of auditorium at South Georgia College

$500,000

Fine Arts Building (Phase III) at Georgia Southern

University - $5,000,000

Construct a new Science Building at South Georgia

College - $5,000,000

Student Center at Georgia Perimeter College,

Clarkston Campus - $1,125,000

Georgia Environmental Facilities Authority projects: $

Low interest loans for local water and sewer

construction projects - $12,000,000

Matching funds for clean water construction loan

program - $4,500,000

Principal Amount 4,200,000 $ 17,122,000 $
14,625,000 $
20,000,000 $

Debt Service 365,400 1,489,614
1,272,375
1,740,000

WEDNESDAY, FEBRUARY 18, 2004

1033

Matching funds for drinking water construction loan

program - $3,500,000

Upgrade/overlay storage areas and Tomochichi Road $ 6,500,000 $

straightening for the Georgia Ports Authority

Department of Veterans Service projects:

$

985,000 $

Design, construction and equipment for a food

production kitchen at the Georgia War Veterans

Home in Milledgeville - $385,000

Smoke dampers and air handling unit at the Georgia

War Veterans Home in Milledgeville $250,000

Elevator controls and compliance upgrades at the

Georgia War Veterans Home in Milledgeville and

the Georgia War Veterans

Nursing Home in Augusta - $350,000

Governor's Road Improvement Program and other $ 45,000,000 $

transportation projects

Total Twenty Year Projects (New)

$ 108,432,000 $

565,500 85,695
3,915,000 9,433,584

Section 64. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

$ 16,236,552,689

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.@

Section 2. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1180 designating Representative Skipper of the 116th as Chairman thereof.

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The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1180 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Ehrhart of the 28th et al. move to amend the Committee substitute to HB 1180 as follows:
Page 42, Line 1820
Provided, the Department shall not require non-custodial parents to obtain other health insurance if their income or that of the custodial parent qualifies their children for Peach Care.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E 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

E Day Dean
N Deloach E Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James Y Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell
Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson

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
Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson

Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

WEDNESDAY, FEBRUARY 18, 2004

Y Harbin Y Harper E Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills

Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

1035
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 66, nays 101. The amendment was lost.

The following amendment was read:

Representative Heath of the 18th et al. move to amend the Committee substitute to HB 1180 by adding the following language to the State of Georgia General Obligation Debt Sinking Fund Section 39, relating to State Fiscal Year 2004:
Provided, that General Obligations bonds in the 2002B bond issue designated for the West Georgia Reservoir in the amount of $46,000,000 remain for that purpose.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce

E Day N Dean N Deloach E 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

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
Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen Y Knox

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow
Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper

1036
N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Gardner Y Golick Y Graves, D Y Graves, T N Greene
Greene-Johnson N Hanner Y Harbin Y Harper E Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills

Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 68, nays 97. The amendment was lost.

N Thomas Morgan N Thomas, A.M
Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representatives Rice of the 64th and Parsons of the 29th move to amend the Committee substitute to HB 1180 by (removing from) State funds for the State of Georgia General Obligation Debt Sinking Fund Section 39, relating to State Fiscal Year 2004 the figure $89,314,000 and by (decreasing) the object classes as listed below:

Object Classes

State of Georgia General Obligation Debt Sinking Fund

$89,314,000

Total Funds State Funds

$89,314,000 $89,314,000

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister N Barnard

E Day N Dean N Deloach E Dix N Dodson

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston

N Mitchell N Mobley N Moraitakis N Morris N Mosby

N Sholar N Sims N Sinkfield N Skipper Y Smith, B

WEDNESDAY, FEBRUARY 18, 2004

N Barnes N Beasley-Teague N Benfield N Birdsong E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming Y 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 E Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

N Howard N Howell N Hudson N Hugley N Jackson N James
Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey
Maxwell N McBee N McCall E McClinton Y Millar Y Mills

N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

1037
Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 67, nays 101. The amendment was lost.

The following amendment was read:

Representative Martin of the 37th moves to amend the Committee substitute to HB 1180 by (removing from) State funds for the Department of Corrections, Section 9, relating to State Fiscal Year 2004 the figure $1,653,132 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$ 1,653,132

1038
Total Funds State Funds

JOURNAL OF THE HOUSE

$ 1,653,132 $ 1,653,132

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E 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

E Day N Dean N Deloach E Dix N Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper E 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
Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen N Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper
Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 66, nays 102. The amendment was lost.

The following amendment was read:

WEDNESDAY, FEBRUARY 18, 2004

1039

Representatives Parsons of the 29th and Richardson of the 26th move to amend the Committee substitute to HB 1180 by (removing from) State funds for the Department of Natural Resources, Section 24, relating to State Fiscal Year 2004 the figure $124,580 and by (decreasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Equipment Telecommunications Cost of Materials for Resale

$ 316,876

$ 85,132

$

300

$ 130,272

$ 2,000

$ 40,000

Total Funds State Funds

$ 574,580 $ 124,580

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E 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

E Day N Dean N Deloach E Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper E Harrell

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, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford Y Maddox N Mangham Y Manning N Marin Y Martin

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C

N Sholar Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson

1040
N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson Y Hill, C

Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills

Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

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 70, nays 100. The amendment was lost.

The following amendment was read:

Representatives Parsons of the 29th and Richardson of the 26th move to amend the Committee substitute to HB 1180 by (removing from) State funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2004 the figure $97,500 and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

$ 97,500

Total Funds State Funds

$ 97,500 $ 97,500

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock

E Day N Dean N Deloach E 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 Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell
Hudson N Hugley N Jackson N James
Jamieson N Jenkins, C N Jenkins, C.F Y Jones

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E E Stephens, R N Stephenson

N Brooks N Broome Y Brown N Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

WEDNESDAY, FEBRUARY 18, 2004

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 E Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree
Henson Y Hill, C

N Jordan E Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall E McClinton Y Millar Y Mills

Y Parsons N Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 68, nays 99. The amendment was lost.

1041
N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders N Bridges

E Day Y Dean Y Deloach E Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E E Stephens, R

1042
N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Y Greene-Johnson Y Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Jones Y Jordan E Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall E McClinton N Millar N Mills

Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 102, nays 68.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Greene of the 134th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1180 was ordered immediately transmitted to the Senate.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1199. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Dix of the 70th, Post 2:
A RESOLUTION inviting Kara Colquitt, Mrs. Georgia 2003, to appear before the House of Representatives; and for other purposes.

WEDNESDAY, FEBRUARY 18, 2004

1043

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 1248. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E 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

E Day Y Dean Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

Y Mitchell 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 Y Rogers, Ch.

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 E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

1044
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 Maxwell Y McBee
McCall E McClinton
Millar Y Mills

Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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.

HB 1409. By Representative Royal of the 140th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption with respect to ice; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E 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

E Day Dean
Y Deloach E Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y 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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

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
Randall Y Ray Y Reece, B Y Reece, S Y Rice

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 E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson 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

WEDNESDAY, FEBRUARY 18, 2004

Y Hanner Y Harbin Y Harper E Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1045
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 300. By Representatives Bannister of the 70th, Post 1 and Cummings of the 19th:
A BILL to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; to provide that any person making such election may obtain creditable service for prior service by paying all employer and employee contributions with interest; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock

E Day Y Dean Y Deloach E Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones

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 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 E Stephens, R Y Stephenson

1046
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 Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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 E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jordan E Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar N Mills

Y Parsons Porter
Y Powell Y Purcell
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
Sailor Scott Shaw Y Sheldon

Stokes Y Stoner
Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 147, nays 6. The Bill, having received the requisite constitutional majority, was passed.

Pursuant to Rule 134, Representative Smith of the 13th, Post 2 was excused from voting on HB 300.

Pursuant to Rule 134, Representative Stokes of the 72nd was excused from voting on HB 300.

Pursuant to Rule 134, Representative Scott of the 138th was excused from voting on HB 300.

HB 1331. By Representatives Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Code Section 15-11-79.2 of the Official Code of Georgia Annotated, relating to sealing of records, grounds, notice and hearing, the effect of an order, and limitations on issuing orders, so as to change provisions relating to mandatory sealing of records under certain circumstances; and for other purposes.

WEDNESDAY, FEBRUARY 18, 2004

1047

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach E Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce E Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M
O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders 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 E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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:

1048

JOURNAL OF THE HOUSE

HB 1537. By Representatives Westmoreland of the 86th, Richardson of the 26th, Lunsford of the 85th, Post 2, Mills of the 67th, Post 2, Coleman of the 118th and others:
A BILL to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to make legislative findings; to recognize the religious heritage of America; to direct the Secretary of State to prepare documents relative to that heritage; to authorize counties to post documents relative to that heritage for education; to direct the Attorney General to defend counties who display documents relative to the religious heritage of America; to set forth the text relative to the religious heritage of America; and for other purposes.

Referred to the Committee on Rules.

By unanimous consent, HB 211 was postponed until the next legislative day.

By unanimous consent, HB 1310 was postponed until the next legislative day.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 79 having been previously postponed, was again postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 1350. By Representatives Wix of the 33rd, Post 1, Wilkinson of the 41st, Coleman of the 118th, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1 and others:
A RESOLUTION recognizing Mr. Kessel Stelling upon his selection by the Marietta Daily Journal as the Citizen of the Year for 2003 at the Cobb Chamber of Commerce's 62nd annual dinner gala; and for other purposes.

WEDNESDAY, FEBRUARY 18, 2004

1049

HR 1351. By Representatives Harbin of the 80th, Fleming of the 79th, Watson of the 60th, Post 2, Buckner of the 109th, Smith of the 110th and others:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the seventh annual Emergency Medical Services (EMS) Recognition Day; and for other purposes.

HR 1352. By Representatives Royal of the 140th, Sholar of the 141st, Post 1, Smith of the 129th, Post 2, Smith of the 13th, Post 2 and Randall of the 107th:
A RESOLUTION expressing regret at the passing of Clayton Thomas Moore; and for other purposes.

HR 1353. By Representatives Buckner of the 109th, Hugley of the 113th, Skipper of the 116th, Smith of the 110th and Epps of the 90th:
A RESOLUTION commending Talbot County and recognizing Talbot County Day; and for other purposes.

HR 1354. By Representative Parrish of the 102nd:
A RESOLUTION wishing Ms. Carrie Tillman a happy 102nd birthday; and for other purposes.

HR 1355. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Skipper of the 116th, Richardson of the 26th and others:
A RESOLUTION designating March 11, 2004, as "NASCAR Day" and recognizing the National Association of Stock Car Auto Racing for its many contributions to the State of Georgia; and for other purposes.

HR 1356. By Representatives McBee of the 74th, Birdsong of the 104th and Heard of the 75th:
A RESOLUTION honoring and remembering the life of Dr. George W. Langdale; and for other purposes.

1050

JOURNAL OF THE HOUSE

HR 1357. By Representative Thomas of the 43rd, Post 1:
A RESOLUTION commending and recognizing the 25th annual gathering of the Southeast Regional Association of Ministers' Wives and Widows; and for other purposes.

HR 1358. By Representatives Smyre of the 111th and Skipper of the 116th:
A RESOLUTION commending Norfolk Southern and recognizing February as "African American Railroader Month"; and for other purposes.

HR 1359. By Representative Smith of the 76th:
A RESOLUTION commending David Triplett on attaining the rank of Eagle Scout; and for other purposes.

HR 1360. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commending Daniel S. Cohen on his retirement; and for other purposes.

HR 1361. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION recognizing Roy L. Gilleon, Jr., for his eight years of dedicated service to the City of Blackshear, Georgia; and for other purposes.

HR 1362. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION recognizing Mr. Jerry Hollis II for his four years of dedicated service to the City of Blackshear, Georgia; and for other purposes.

HR 1363. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:

WEDNESDAY, FEBRUARY 18, 2004

1051

A RESOLUTION congratulating Mr. Claude Milton Wade on the occasion of his 95th birthday; and for other purposes.

HR 1364. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION commedning Dr. Donald B. Waters; and for other purposes.

HR 1365. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and Boggs of the 145th:
A RESOLUTION recognizing the JamesVirgil Johnson Bridge as the honorary name of the Sweat Cemetery Bridge on County Road 124 in Bacon County, Georgia; and for other purposes.

HR 1366. By Representatives Smith of the 129th, Post 2 and Boggs of the 145th:
A RESOLUTION recognizing and commending the Brantley County School Nutrition Program; and for other purposes.

HR 1367. By Representatives Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A RESOLUTION in memory of the life of George "Action" Jackson; and for other purposes.

HR 1368. By Representative Smith of the 76th:
A RESOLUTION commending Steven Permar on attaining the rank of Eagle Scout; and for other purposes.

HR 1369. By Representatives Brock of the 5th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A RESOLUTION honoring and remembering the life and service of Mr. Danny Wilbanks; and for other purposes.

1052

JOURNAL OF THE HOUSE

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1147 Do Pass, by Substitute HB 1429 Do Pass, by Substitute SB 401 Do Pass

Respectfully submitted, /s/ Ray of the 108th
Chairman

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1347 Do Pass, by Substitute

Respectfully submitted, /s/ Sinkfield of the 50th
Chairman

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with

WEDNESDAY, FEBRUARY 18, 2004 the following recommendation:
HR 1256 Do Pass, by Substitute

1053

Respectfully submitted, /s/ Lane of the 101st
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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1354 Do Pass HB 1430 Do Pass, by Substitute

Respectfully submitted, /s/ Lucas of the 105th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1069 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

1054

JOURNAL OF THE HOUSE

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1162 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:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1160 Do Pass, by Substitute HB 1161 Do Pass, by Substitute

Respectfully submitted, /s/ Greene of the 134th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

THURSDAY, FEBRUARY 19, 2004 Representative Hall, Atlanta, Georgia
Thursday, February 19, 2004

1055

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 E Ashe
Bannister Barnard Barnes Beasley-Teague Benfield Birdsong E Boggs Bordeaux Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Burmeister Butler Casas Chambers Childers Coan Coleman, B Cooper Crawford

Cummings E Day E Dix
Dodson Dollar Dooley Douglas Ehrhart Elrod Epps Fleming Floyd, J Fludd Franklin Graves, D Graves, T Greene Harbin Harper E Harrell Heard, J Heard, K Heath Heckstall Hembree Hill, C Hill, C.A Hill, V

Hines Hugley Jackson James Jamieson Jenkins, C.F Jordan E Joyce Knox Lane Lewis Lord Mangham Manning Massey Maxwell McCall McClinton Millar Mills Mitchell Mobley Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q

Noel Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Ralston Randall Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar

Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Walker, L Walker, R.L Warren Westmoreland White Wilkinson Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Bruce of the 45th; Burkhalter of the 36th; Campbell of the 39th; Dean of the 49th; DeLoach of the 127th; Floyd of the 69th, Post 2; Forster of the 3rd, Post 1; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Houston of the 139th; Howard of the 98th; Jenkins of the 93rd; Keen of the 146th; Lucas of the 105th; Lunsford of the 85th, Post 2; Maddox of the 59th, Post 2; Marin of the 66th; Sailor of the 61st, Post 1; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Smyre of the 111th; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; and Watson of the 60th, Post 2.

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They wish to be recorded as present.

Prayer was offered by the Reverend Nelle McCorkle Bordeaux, Savannah, 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 1524. By Representatives McBee of the 74th and Heard of the 75th:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change

THURSDAY, FEBRUARY 19, 2004

1057

certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for consolidated governments to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1525. By Representatives McBee of the 74th and Heard of the 75th:
A BILL to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1526. By Representatives Harbin of the 80th, Buckner of the 109th, Smith of the 110th, Walker of the 71st, Post 1 and Randall of the 107th:
A BILL to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1527. By Representatives Royal of the 140th and O`Neal of the 117th:
A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and add additional criteria for enterprise zones; to provide a limit on

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tax exemptions; to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1527. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes.
2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1528. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

THURSDAY, FEBRUARY 19, 2004 Referred to the Committee on Ways & Means.

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HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th:
A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

HB 1530. By Representatives Jordan of the 83rd, Thomas of the 43rd, Post 1, Mitchell of the 61st, Post 3 and Hill of the 81st:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain teachers or paraprofessionals; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1531. By Representative Birdsong of the 104th:
A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.

HB 1532. By Representatives Mosby of the 59th, Post 3, Bruce of the 45th, Fludd of the 48th, Post 4 and Moraitakis of the 42nd, Post 4:
A BILL to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property exempt from seizure for purposes of bankruptcy, so as to increase the amount of the homestead exemption for a debtor's residence; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1532. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Mosby District 59, Post 3

Referred to the Committee on Judiciary.

HB 1533. By Representatives Scott of the 138th, Houston of the 139th, Brown of the 89th, Hudson of the 95th and Murphy of the 97th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to limit the rates charged to uninsured patients by a hospital or hospital authority; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1534. By Representatives Dodson of the 84th, Post 1, Westmoreland of the 86th and Purcell of the 122nd:

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1061

A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for immunity for certain hospitals who have independent contractor relationships with certain health care providers; and for other purposes.

Referred to the Committee on Judiciary.

HB 1535. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the State Board of Education to grant a waiver from specifically identified state rules, regulations, policies, and procedures, or from provisions of Chapter 2 of Title 20 of the Official Code of Georgia Annotated to improve student performance in certain circumstances; and for other purposes.

Referred to the Committee on Education.

HB 1536. By Representatives Watson of the 60th, Post 2, Heard of the 75th and Smith of the 110th:
A BILL to amend Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, so as to provide that the State Personnel Board shall establish and administer a special pay plan qualified under Section 401 (a) of the federal Internal Revenue Code; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1538. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Watson of the 60th, Post 2, Maddox of the 59th, Post 2, Barnes of the 84th, Post 2 and others:
A BILL to provide for a homestead exemption from certain Henry County ad valorem taxes for county purposes in an amount equal to the amount by

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which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1539. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing with respect to quality basic education, so as to change the manner and method of calculating certain local share funds and equalization grants; to change certain provisions regarding the determination of enrollment by institutional programs; to change certain provisions relating to local five mill share funds; and for other purposes.

Referred to the Committee on Education.

HB 1540. By Representative Ashe of the 42nd, Post 2:
A BILL to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the time for making ad valorem property tax returns; to change certain provisions regarding publication by levying or recommending authorities of ad valorem tax rates; to repeal certain provisions regarding publication of county ad valorem tax rates; to revise comprehensively certain provisions regarding computation of roll-back rates and advertisement of property tax increases; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1541. By Representative Heard of the 75th:
A BILL to amend Code Section 48-7-40.12 of the Official Code of Georgia Annotated, relating to the state income tax credit for qualified research expenses, so as to change the definition of base amount for purposes of calculating such credit; and for other purposes.

THURSDAY, FEBRUARY 19, 2004 Referred to the Committee on Ways & Means.

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HB 1542. By Representatives Stoner of the 34th, Post 1, Powell of the 23rd, DeLoach of the 127th, Barnes of the 84th, Post 2 and Hill of the 81st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create a Georgia Board of Massage Therapy; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1543. By Representatives Reece of the 11th, Snow of the 1st, Lane of the 101st, Parham of the 94th, Jamieson of the 22nd and others:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for education property tax relief adjustments and grants; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1543. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Reece District 11

Referred to the Committee on Ways & Means.

HB 1544. By Representatives Reece of the 11th, Snow of the 1st, Lane of the 101st, Parham of the 94th, Jamieson of the 22nd and others:

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A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for education property tax relief adjustments and grants; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1545. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 58th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1546. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 58th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1546. This notice is made prior to or upon reading the Bill the first time.

THURSDAY, FEBRUARY 19, 2004
/s/ Representative Royal District 140

1065

Referred to the Committee on Ways & Means.

HR 1345. By Representatives Hugley of the 113th, Skipper of the 116th, Smyre of the 111th and Oliver of the 56th, Post 2:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1345. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Hugley District 113

Referred to the Committee on Rules.

HR 1346. By Representatives McBee of the 74th, Greene of the 134th, Purcell of the 122nd and Holmes of the 48th, Post 1:
A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes.

Referred to the Committee on Education.

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HR 1347. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Sinkfield of the 50th, Ashe of the 42nd, Post 2, Fludd of the 48th, Post 4 and others:
A RESOLUTION encouraging cell phone service companies and Internet service providers to become active participants in Georgia's Amber Alert Program by joining in a voluntary partnership with law enforcement and emergency management, to be known as L.O.C.A. (Leave Our Children Alone) Alert, for the purpose of issuing urgent bulletins in possible child abduction cases; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HR 1348. By Representatives White of the 3rd, Post 2, Brown of the 89th, Rogers of the 15th, Massey of the 24th, Richardson of the 26th and others:
A RESOLUTION requesting the Congress of the United States to pass legislation declaring that the power to display the Ten Commandments on or within property owned or administered by the several states or political subdivisions thereof is among the powers reserved to the states; requesting the Congress of the United States to pass legislation declaring that the power to recite the national motto on or within property owned or administered by the several states or political subdivisions thereof is among the powers reserved to the states; setting out the words of the national motto; requesting the Congress of the United States to pass legislation making certain exceptions to the subject matter jurisdiction of federal courts inferior to the United States Supreme Court.

Referred to the Committee on Rules.

HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes.

2/18/2004

THURSDAY, FEBRUARY 19, 2004

1067

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1349. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Brock District 5

Referred to the Committee on Transportation.

HR 1370. By Representatives Reece of the 11th, Snow of the 1st, Teper of the 42nd, Post 1, Jamieson of the 22nd, Childers of the 13th, Post 1 and others:
A RESOLUTION creating the House Protection from the Dangers of Methamphetamine Manufacture Study Committee; and for other purposes.

Referred to the Committee on Special Judiciary.

HR 1371. By Representatives Reece of the 11th, Snow of the 1st, Lane of the 101st, Parham of the 94th, Jamieson of the 22nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief with respect to ad valorem property taxation for educational purposes through the imposition of a 1 percent state sales and use tax; and for other purposes.

2/18/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1371. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Reece District 11

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Referred to the Committee on Ways & Means.

HR 1372. By Representative Reece of the 11th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief with respect to ad valorem property taxation for educational purposes through the imposition of a 1 percent state sales and use tax; and for other purposes.

Referred to the Committee on Ways & Means.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1505 HB 1506 HB 1507 HB 1508 HB 1509 HB 1510 HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518 HB 1519 HB 1520

HB 1521 HB 1522 HB 1523 HB 1537 HR 1336 HR 1341 HR 1343 HR 1344 SB 419 SB 479 SB 480 SB 481 SB 484 SB 485 SB 489 SB 496

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Bill of the House be engrossed:

HB 1506. By Representatives Jamieson of the 22nd, Rogers of the 20th and Royal of the 140th:

THURSDAY, FEBRUARY 19, 2004

1069

A BILL to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection against state income tax refunds, so as to authorize such setoff with respect to certain debts owed to political subdivisions of the state; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative McClinton of the 59th, Post 1 moved that the following Bill of the House be engrossed:

HB 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Bannister of the 70th, Post 1 moved that the following Bill of the House be engrossed:

HB 1513. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Mitchell of the 61st, Post 3, Heard of the 70th, Post 3, Massey of the 24th and others:
A BILL to amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to the use of proceeds from the special purpose 1 percent sales and use tax, so as to require annual publication of certain audit information; and for other purposes.

The motion prevailed.

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Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th:

A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper
Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart N Elrod Y Epps N Fleming Floyd, H Y Floyd, J Y Fludd Forster N Franklin Y Gardner Golick N Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson N Hill, C

Hill, C.A Y Hill, V N Hines
Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan E Joyce N Keen N Knox Y Lane
Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning
Marin N Martin N Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell
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
Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Smith, L Y Smith, P Y Smith, T Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Warren Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

THURSDAY, FEBRUARY 19, 2004 On the motion the ayes were 96, nays 50. The motion prevailed.

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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.

Pursuant to Rule 52, Representative Ray of the 108th moved that the following Bill of the House be engrossed:

HB 1520. By Representatives Ray of the 108th and Royal of the 140th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Channell of the 77th moved that the following Bill of the House be engrossed:

HB 1522. By Representatives Channell of the 77th, O`Neal of the 117th, Childers of the 13th, Post 1, Parrish of the 102nd and Shaw of the 143rd:
A BILL to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to enact the "'Health Share' Volunteers in Medicine Act"; to provide for short title; to provide for legislative findings; to provide for definitions; to provide for contracts between health care providers and governmental contractors; to provide uncompensated health care services to low-income persons; to provide for applicability; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise the definition of "employee"; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated relating to state tort

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claims, so as to revise the definition of "state officer or employee"; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper
Crawford Y Cummings

E Day Dean
Y Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart N Elrod Y Epps N Fleming Floyd, H Floyd, J Y Fludd Forster N Franklin Y Gardner Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Henson N Hill, C

N Hill, C.A Y Hill, V N Hines
Holmes N Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan E Joyce N Keen N Knox Y Lane
Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning
Marin N Martin N Massey
Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y 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 Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper
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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the motion the ayes were 97, nays 54. The motion prevailed.

Pursuant to Rule 52, Representative Parrish of the 102nd moved that the following Bill of the House be engrossed:

THURSDAY, FEBRUARY 19, 2004

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HB 1523. By Representatives Parrish of the 102nd, Wix of the 33rd, Post 1, Royal of the 140th, Jamieson of the 22nd, Gardner of the 42nd, Post 3 and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Barnes of the 84th, Post 2 moved that the following Resolution of the House be engrossed:

HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2:
A RESOLUTION designating the Bruton Smith Parkway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Coan of the 67th, Post 1 moved that the following Resolution of the House be engrossed:

HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others:
A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; and for other purposes.

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The motion prevailed.

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 355 Do Pass, by Substitute HB 1026 Do Pass, by Substitute

HB 1167 Do Pass HB 1481 Do Pass

Respectfully submitted, /s/ Powell of the 23rd
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1382 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:

THURSDAY, FEBRUARY 19, 2004

1075

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 1321 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1495 Do Pass HB 1498 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 19, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:

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UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1190 John Pelham Memorial Parkway; designate

DEBATE CALENDAR

HB 810 HB 1295
HB 1359 HB 1391

Superior court clerks; fees and records; extend sunset dates State Public Transportation Fund; priority of expenditures and allocation of funds Barbers; apprentices; supervision Tax collectors and tax commissioners; creditable training

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 1495. By Representative Hanner of the 133rd:
A BILL to amend an Act creating the Dawson-Terrell County Airport Authority, so as to change the name of the authority; to change the membership so as to provide that the City of Dawson shall not have any appointing authority; to delete references to the City of Dawson throughout said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1498. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:

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1077

A BILL to create the State Court of Charlton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 446. By Senators Cheeks of the 23rd, Crotts of the 17th, Balfour of the 9th, Stephens of the 51st, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, so as to provide that it shall be unlawful for any state government organization, officer, or employee to expend public funds for lobbying; to provide that it shall be unlawful for any person or organization to expend funds appropriated by the General Assembly for lobbying; to provide that it shall be unlawful for any lobbyist or other person to accept such funds; to provide an exception for the regular compensation of state officers and employees; to provide for criminal and civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 459. By Senators Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th, Jackson of the 50th and Moody of the 27th:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change the minimum number of meetings of the board; to change the minimum amount of dues payable by counties and cities; to repeal conflicting laws; and for other purposes.

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HB 20. By Representative Bridges of the 7th:
A BILL to amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; and for other purposes.
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.
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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 446. By Senators Cheeks of the 23rd, Crotts of the 17th, Balfour of the 9th, Stephens of the 51st, Lee of the 29th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to regulation of lobbyists and lobbying, so as to provide that it shall be unlawful for any state government organization, officer, or employee to expend public funds for lobbying; to provide that it shall be unlawful for any person or organization to expend funds appropriated by the General Assembly for lobbying; to provide that it shall be unlawful for any lobbyist or other person to accept

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such funds; to provide an exception for the regular compensation of state officers and employees; to provide for criminal and civil penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 459. By Senators Cagle of the 49th, Hudgens of the 47th, Shafer of the 48th, Jackson of the 50th and Moody of the 27th:
A BILL to be entitled an Act to amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change the minimum number of meetings of the board; to change the minimum amount of dues payable by counties and cities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

Representative Williams of the 61st, Post 2 arose to a point of personal privilege and addressed the House.

Representative Smith of the 129th, Post 2 arose to a point of personal privilege and addressed the House.

Representative Heard of the 70th, Post 3 arose to a point of personal privilege and addressed the House.

Representative Greene of the 134th arose to a point of personal privilege and addressed the House.

Representative Williams of the 128th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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HR 1069. By Representatives Bruce of the 45th, Moraitakis of the 42nd, Post 4, Holmes of the 48th, Post 1, Fludd of the 48th, Post 4, Heard of the 75th and others:
A RESOLUTION honoring Lieutenant Colonel Charles W. Dryden of the Tuskegee Airmen and inviting him to appear before the House of Representatives; and for other purposes.

HR 1321. By Representatives McClinton of the 59th, Post 1, Coleman of the 118th, Holmes of the 48th, Post 1, Brooks of the 47th, Mosby of the 59th, Post 3 and others:
A RESOLUTION commending the Youth Art Connection of the Boys and Girls Club of Metro Atlanta, Global Achievers, Inc., the British ConsulateGeneral, and a visiting group from Bradford, England and inviting them to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1374. By Representative Heard of the 75th:
A RESOLUTION expressing congratulations and best wishes to Damon Evans and inviting Mr. Evans to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1295. By Representatives Smith of the 13th, Post 2, Skipper of the 116th, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect

THURSDAY, FEBRUARY 19, 2004

1081

to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change certain provisions regarding allocation of state and federal road funds; and for other purposes.

By unanimous consent, further consideration of HB 1295 was suspended.

HB 1391. By Representatives Westmoreland of the 86th, Porter of the 119th, Royal of the 140th, Richardson of the 26th and Mills of the 67th, Post 2:
A BILL to amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; 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 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, is amended by striking subsections (c) through (g) and inserting in their place the following:
"(c) Beginning January 1, 1987 2005, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county taxation and tax administration, property taxation, motor vehicle titling and registration, or related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection, credit will be given for attendance of the county taxation seminar conducted by the University of Georgia

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under the supervision of the Georgia Center for Continuing Education or any seminar on county taxation conducted by the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain management, supervisory, leadership, or accounting seminars that qualify for continuing education credits. This training shall be generally devoted to contemporary business and taxation practices and shall be germane to the duties and operational functions of the office of county tax collector or tax commissioner. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such officials initial term of office. (d) The costs of attending the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by his such officials county for the amount of such fees and related travel expenses. (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials or other similarly qualified organization of affiliated tax officials, the Georgia Center for Continuing Education, and or any other qualified persons with expertise in the field of county taxation tax administration, property taxation, motor vehicle titling and registration, or related matters. (f) The commissioner commissioners of the Department of Revenue and the Department of Motor Vehicle Safety may adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided for by this Code section. (g) The commissioner is commissioners of the Department of Revenue and the Department of Motor Vehicle Safety are authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 19, 2004

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean E 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 Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall
McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley E 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

1083
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 Morgan Y Thomas, A.M Y Thompson
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.

HR 1190. By Representative Royal of the 140th:
A RESOLUTION commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes.

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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 Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean E 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
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, C Y Jenkins, C.F Y Jones Y Jordan E 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 E McCall
McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley E Murphy, J Y Murphy, Q
Noel Y Oliver, B
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston 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 Morgan Y Thomas, A.M Y Thompson
Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 19, 2004

1085

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 1359. By Representatives Thomas Morgan of the 33rd, Post 2, Dean of the 49th, Wix of the 33rd, Post 1 and Powell of the 23rd:
A BILL to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber; and for other purposes.

The report of the Committee, which was favorable to the 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 N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

E Day Y Dean E Deloach Y Dix Y Dodson N 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 Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K

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, C Y Jenkins, C.F Y Jones Y Jordan E 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

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley E 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 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 Y Rogers, Ch. N Royal

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

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Y 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 McBee E McCall Y McClinton Y Millar Y Mills

Y Rynders Sailor
Y Scott N Shaw Y Sheldon

Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 154, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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 211. By Representatives Rice of the 64th, Millar of the 52nd, Dix of the 70th, Post 2, Sholar of the 141st, Post 1 and Jenkins of the 93rd:
A BILL to amend Code Section 30-1-6 of the Official Code of Georgia Annotated, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, so as to provide that assaulting or causing the death of an assistance dog or attempting to do so shall be a felony; to provide that interfering with assistance dog duties or attempting to do so shall be a misdemeanor; to provide that interfering with the use of an assistance dog with reckless disregard shall be a misdemeanor or a high and aggravated misdemeanor; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Titles 16 and 30 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses and handicapped persons, so as to provide enhanced penalties for certain acts related to assistance dogs; to provide for definitions; to change provisions relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is

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amended by adding a new Code section to follow Code Section 16-11-107, relating to destroying or injuring a police dog or police horse, to read as follows:
"16-11-107.1. (a) As used in this Code section, the term:
(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafness, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis. (2) 'Harass' means to engage in any conduct directed toward an assistance dog that is knowingly likely to impede or interfere with the assistance dogs performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury. (3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior of another person and a request that the person stop the particular behavior. (b) Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both. (c) Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to knowingly and intentionally harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature. (d) Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature. (e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part of the assistance dogs body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature."
SECTION 2. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is

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amended by striking Code Section 30-1-6, relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons, and inserting in lieu thereof the following:
"30-1-6. (a) It shall be unlawful for any person to:
(1) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual; and (2) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual. (b) As used in subsection (a) of this Code section, the term 'harass' means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dogs performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury. (c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. (d) In a prosecution for a violation of subsection (a) of this Code section, evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (a) of this Code section after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously. (e) A conviction and imposition of a sentence under this Code section shall not prevent a conviction and imposition of a sentence under any other applicable provision of law. Reserved."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Teper of the 42nd, Post 1 moves to amend the Committee substitute to HB 211 by striking lines 3 through 5 of page 1 and inserting in lieu thereof the following:
"certain acts related to assistance animals; to provide for definitions; to provide that a capuchin monkey that has been professionally trained to assist handicapped persons

THURSDAY, FEBRUARY 19, 2004

1089

shall be considered an assistance animal; to change provisions relating to assaulting, beating, harassing, or injuring guide dogs or animals assisting disabled persons; to provide for limitations; to provide that certain disabled persons shall be entitled to be accompanied in public places by such a trained animal; to repeal conflicting laws; and for"
By striking on lines 14, 22, and 25 of page 1 the word "dog" each time such word appears and inserting in lieu thereof the word "animal".
By striking on lines 16, 17, and 18 of page 1 the word "dogs" each time such word appears and inserting in lieu thereof the word "animals".
By striking line 21 of page 1 and inserting in lieu thereof the following:
"providing assistance in a medical crisis. Such term also means a capuchin monkey that has been properly and professionally trained by a school for service capuchin monkeys to assist handicapped persons."
By striking on line 23 of page 1 the word "dogs" and inserting in lieu thereof the word "animals".
By striking on lines 4, 8, 9, 15, 21, and 22 of page 2 the word "dog" each time such word appears and inserting in lieu thereof the word "animal".
By striking on line 21 of page 2 the word "dogs" and inserting in lieu thereof the word "animals".
By striking line 18 of page 3 and inserting in lieu thereof the following:
"Every physically disabled person, as such term is defined in Code Section 30-4-1, shall have the right to be accompanied by a capuchin monkey that has been properly trained by a school for service capuchin monkeys to assist handicapped persons, in any of the places listed in subsection (a) of Code Section 30-4-2 without being required to pay an extra charge. In addition, if such physically disabled person is a student at a private or public school in this state, such person shall have the right to be accompanied by such a service monkey.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe

E Day Y Dean E Deloach

Y Hill, C.A Hill, V
N Hines

Y Mitchell Y Mobley Y Moraitakis

N Sholar Y Sims Y Sinkfield

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N Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs
Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell N Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

Y Dix N 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
Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson
Hanner Harbin N Harper N Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Holmes N Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones Y Jordan E Joyce N Keen N Knox N Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox Y Mangham N Manning N Marin N Martin Y Massey N Maxwell N McBee E McCall Y McClinton N Millar Y Mills

Morris Mosby Y Mosley E Murphy, J Y Murphy, Q Noel N Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham Y Parrish N Parsons Y Porter Y 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 N Rogers, C N Rogers, Ch. N Royal N Rynders Sailor N Scott N Shaw N Sheldon

On the adoption of the amendment, the ayes were 76, nays 81. The amendment was lost.

Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson

E Day Y Dean

Y Hill, C.A Hill, V

Y Mitchell Y Mobley

Y Sholar Y Sims

THURSDAY, FEBRUARY 19, 2004

E Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague
Benfield Y Birdsong Y Black E Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E 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
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 Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E 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 E McCall Y McClinton Y Millar Y Mills

Y Moraitakis Morris
Y Mosby Y Mosley E 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

1091
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and adopted:

HR 1376. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Maxwell of the 27th and Smith of the 87th:
A RESOLUTION recognizing and expressing appreciation to Glenn and Helen Gray; and for other purposes.

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HR 1377. By Representative Bruce of the 45th:
A RESOLUTION honoring the 2004 graduating class of Westlake High School; and for other purposes.

HR 1378. By Representative Stephenson of the 60th, Post 1:
A RESOLUTION commending Miss Kaitlyn Thacker; and for other purposes.

HR 1379. By Representatives Stephenson of the 60th, Post 1, Mobley of the 58th, Anderson of the 100th, Greene-Johnson of the 60th, Post 3, Fludd of the 48th, Post 4 and others:
A RESOLUTION recognizing the Georgia Department of Public Health; and for other purposes.

HR 1380. By Representatives Stephenson of the 60th, Post 1, Mobley of the 58th, Maddox of the 59th, Post 2, McClinton of the 59th, Post 1 and Mosby of the 59th, Post 3:
A RESOLUTION congratulating the reverend Raleigh Rucker on the occasion of the 27th anniversary of his founding Mt. Patmos Baptist Church; and for other purposes.

HR 1381. By Representatives Douglas of the 73rd and Stokes of the 72nd:
A RESOLUTION commending Charles and Louise Strickland; and for other purposes.

HR 1382. By Representatives Graves of the 106th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others:
A RESOLUTION honoring and remembering the life of the Reverend James W. "Jimmy" Waters; and for other purposes.

THURSDAY, FEBRUARY 19, 2004

1093

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Economic Development & Tourism:

HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes.

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 79. By Representative Jenkins of the 93rd:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for an exception to the prohibition against sales to a county school board by a member; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for an exception to the prohibition against sales to a county school board by a member; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-505, relating to the prohibition of a school board member from selling school supplies or equipment to county board and a penalty, and inserting in lieu thereof the following:

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"20-2-505. (a) No member of any county board of education in this state shall sell to any county board any supplies or equipment used, consumed, or necessary in the operation of any public school in this state. (b) Any member of any county board violating subsection (a) of this Code section shall be guilty of a misdemeanor. (c) This Code section shall not apply to purchases of supplies or equipment that do not exceed $5,000.00 if there are fewer than three sources for such supplies or equipment within the county."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jenkins of the 93rd et al. move to amend the Committee substitute to HB 79 by striking line 18 of page 1 and inserting in lieu thereof the following:
"exceed $1,000.00 if there are fewer than three sources for such supplies or equipment".
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 E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black

E Day Y Dean E 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley E Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre

E Boggs Bordeaux
Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
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

THURSDAY, FEBRUARY 19, 2004

Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1095
Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 1295. By Representatives Smith of the 13th, Post 2, Skipper of the 116th, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding collections, expenditures, and exemptions with respect to certain revenue regarding roads; to change certain provisions regarding priority of expenditures from the State Public Transportation Fund; to change

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certain provisions regarding allocation of state and federal road funds; and for other purposes.

The following Committee amendment was read:

The Committee on Transportation moves to amend HB 1295 by striking "4 5" and inserting in its place "4" on line 23 of page 4.

The following amendment was read and adopted:

Representatives Smith of the 13th, Post 2 and Greene of the 134th move to amend HB 1295 by striking on line 19 of page 1 the following:
"1 percent of the amount collected" and inserting in its place the following:
"25 percent of the total amount of taxes collected at the rate of 4 percent" By striking from line 19 of page 2 the following:
"1 percent of the taxes collected" and inserting in its place the following:
"25 percent of the total amount of taxes collected at the rate of 4 percent" By striking "1 percent" on lines 21 and 25 of page 2 and inserting in its place "amount"

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 E Ashe Y Bannister

E Day Y Dean E Deloach Y Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mitchell Mobley
Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

THURSDAY, FEBRUARY 19, 2004

Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong
Black E Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen
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 E McCall
McClinton Y Millar Y Mills

Y Mosby Y Mosley E Murphy, J Y Murphy, Q Y Noel Y Oliver, B
Oliver, M Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1097
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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HB 1310. By Representatives Holmes of the 48th, Post 1, Bruce of the 45th, Brooks of the 47th, Hugley of the 113th, Reece of the 11th and others:
A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; to provide for remedial instruction, retesting, reports, and reporting subsequent test results separately for certain students who fail the reading assessment in 2004; 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 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, is amended by striking the Code section and inserting in lieu thereof new Code Sections 20-2-285 and 20-285.1 to read as follows:
"20-2-285. The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 2004-2005 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year.
20-2-285.1. (a) This Code section will apply to students tested with the third grade criterionreferenced reading assessment in the 2003-2004 school year only. (b) The third grade criterion-referenced reading assessment shall be given as required by other provisions of this chapter, but results of the test shall not be used in any way in determining whether any student shall be promoted or retained at the end of the 20032004 school year. Other promotional standards and criteria established by the State

THURSDAY, FEBRUARY 19, 2004

1099

Board of Education and the local school board, including but not limited to academic performance, shall be the basis for placement decisions for the 2003-2004 school year. (c) Each school system shall provide remedial instruction for each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students not passing the third grade criterion-referenced reading assessment and the remedial instruction provided to such students. (d) Each school system shall retest each student who does not pass the third grade criterion-referenced reading assessment. Each school system shall report to the Department of Education the number of students who pass and fail when tested for the second time. Each school system shall develop a plan of remedial instruction for each student who does not pass the test the second time, whether the student is in the third grade or the fourth grade for the 2004-2005 school year. Each school system shall report such plans for remedial instruction to the Department of Education during the first month of the 2004-2005 school year. (e) When reporting the results for criterion-referenced reading assessments in 2005 to the Department of Education, each school system shall report test results for students who failed the third grade reading assessment in the 2003-2004 school year separately. (f) The Department of Education shall report to the General Assembly on the results of the third grade criterion-referenced tests in the 2003-2004 school year, remedial instruction for students, students who failed the reading assessment a second time, remedial instruction for such students, and subsequent test results for students who failed the reading assessment once or twice."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Jones of the 38th and Jamieson of the 22nd move to amend the Committee substitute to HB 1310 by striking from line 2 through line 6 of page 1 the following:
"so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; to provide for remedial instruction, retesting, reports, and

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JOURNAL OF THE HOUSE

reporting subsequent test results separately for certain students who fail the reading assessment in 2004;"
and inserting in lieu thereof the following:
"so as to provide that the State Board of Education may delay the full implementation of the Georgia Academic Placement and Promotion Policy for third graders for the 2003-2004 school year under certain conditions;"
By striking line 13 of page 1 through line 23 of page 2 and inserting in lieu thereof the following:
"'20-2-285. The State Board of Education shall provide for a timetable of implementation of this Code section and the Georgia Academic Placement and Promotion Policy which shall include:
(1) The third grade beginning with the 2003-2004 school year; provided, however, that in the event the State Board of Education does not receive test results for the third grade criterion-referenced assessments on or before May 26, 2004, the State Board of Education, in its discretion, may delay full implementation of this paragraph and the Georgia Academic Placement and Promotion Policy for the 20032004 school year; (2) The fifth grade beginning with the 2004-2005 school year; and (3) The eighth grade beginning with the 2005-2006 school year."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson E Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield Y Birdsong Y Black E Boggs
Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown

E Day N Dean E Deloach N Dix
Dodson Y Dollar Y Dooley Y Douglas Y Drenner N Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H Y Floyd, J N Fludd Y Forster

Y Hill, C.A Hill, V
Y Hines N Holmes Y Houston N Howard N Howell Y Hudson N Hugley N Jackson N James Y Jamieson Y Jenkins, C N Jenkins, C.F Y Jones N Jordan E Joyce Y Keen

N Mitchell N Mobley N Moraitakis Y Morris
Mosby Y Mosley E Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal N Orrock N Parham Y Parrish Y Parsons
Porter Y Powell

N Sholar Y Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T Y Smith, V
Smyre Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes N Stoner N Teilhet

N Bruce N Buck N Buckner, D N Buckner, G
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

THURSDAY, FEBRUARY 19, 2004

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 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 E McCall N McClinton Y Millar Y Mills

Y Purcell Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1101
N Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 100, nays 62. The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black E Boggs
Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome

E Day Y Dean E 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 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, C Y Jenkins, C.F Y Jones Y Jordan E Joyce

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley E 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 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

1102
Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y 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 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 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 Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 810 was postponed until the next legislative day.

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1470 Do Pass, as Amended HB 1471 Do Pass HR 781 Do Pass, as Amended

THURSDAY, FEBRUARY 19, 2004
Respectfully submitted, /s/ Epps of the 90th
Chairman

1103

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 1337 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1304 Do Pass HB 1321 Do Pass HR 1308 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

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Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1437 Do Pass HB 1457 Do Pass HB 1459 Do Pass

HB 1461 Do Pass HR 1095 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker Pro Tem announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

FRIDAY, FEBRUARY 20, 2004 Representative Hall, Atlanta, Georgia
Friday, February 20, 2004

1105

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend Emory Virgil, Pastor, Providence Missionary Baptist Church, Thomasville, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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The following communication was received:

House of Representatives State Capitol, Room 132 Atlanta, Georgia 30334

February 20, 2004

To the Clerk of the House -
I was unable to be on the House floor for much of yesterday, February 19, and thereby missed some votes, because of being ill with flu-like symptoms.
/s/ Tom Bordeaux 125th

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1547. By Representatives Greene of the 134th, Purcell of the 122nd and McBee of the 74th:
A BILL to amend Code Section 20-3-312 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; and for other purposes.

Referred to the Committee on Higher Education.

HB 1548. By Representatives Dodson of the 84th, Post 1, Barnes of the 84th, Post 2 and McCall of the 78th:
A BILL to amend Code Section 12-9-45 of the Official Code of Georgia Annotated, relating to certificates of emissions inspections for motor vehicles, so as to change certain provisions relating to an exemption for vehicles owned by persons age 65 or older; and for other purposes.

FRIDAY, FEBRUARY 20, 2004 Referred to the Committee on Natural Resources & Environment.

1107

HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates supporting Rotary International; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1550. By Representatives Mobley of the 58th, Benfield of the 56th, Post 1, Dooley of the 33rd, Post 3, Brooks of the 47th, Orrock of the 51st and others:
A BILL to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits to accompany a charge of professional malpractice, so as to provide for midwives; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for state licensure of certified professional midwives; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1551. By Representatives Houston of the 139th, Sinkfield of the 50th and Jamieson of the 22nd:
A BILL to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to provide for the offense of knowing and willful failure by the parent or guardian of a child to report that a member of the child's household is subjecting the child to child abuse, sexual abuse, or sexual exploitation; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1552. By Representative Houston of the 139th:

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JOURNAL OF THE HOUSE
A BILL to amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, the Revised Probate Code of 1998, so as to provide that a personal representative of an estate valued at less than $100,000.00 has a duty to complete administration of the estate within one year; and for other purposes.

Referred to the Committee on Judiciary.

HB 1553. By Representatives Stephens of the 123rd, Birdsong of the 104th, Sims of the 130th and Elrod of the 25th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and ad valorem tax appeals, so as to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; and for other purposes.

2/19/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1553. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stephens District 123

Referred to the Committee on Ways & Means.

HB 1554. By Representatives Sinkfield of the 50th, Dooley of the 33rd, Post 3, Thomas Morgan of the 33rd, Post 2, Manning of the 32nd, Thomas of the 43rd, Post 1 and others:
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 provide for definitions; to provide for legislative intent; to provide for a sufficient number of qualified child protective services workers; to limit caseloads for

FRIDAY, FEBRUARY 20, 2004

1109

child protective services workers; to provide for requirements relating to initial investigations; and for other purposes.

Referred to the Committee on Children & Youth.

HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1556. By Representatives Dukes of the 136th, Thomas Morgan of the 33rd, Post 2, Yates of the 85th, Post 1, Butler of the 88th, Post 1 and Roberts of the 135th:
A BILL to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent felonies, so as to provide that the commissioner of corrections may authorize a final portion of a sentence for certain serious violent felonies to be served in work release status; and for other purposes.

2/19/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1556. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Dukes District 136

Referred to the Committee on State Institutions & Property.

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JOURNAL OF THE HOUSE

HB 1557. By Representatives Jones of the 38th, Willard of the 40th and Wilkinson of the 41st:
A BILL to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to repeal the requirements imposing a minimum distance between the proposed corporate boundaries of a city to be newly incorporated and the boundaries of existing municipal corporations; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1558. By Representatives Lane of the 101st, Barnard of the 121st, Post 1 and Elrod of the 25th:
A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; and for other purposes.

2/19/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1558. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Lane District 101

Referred to the Committee on Game, Fish, & Parks.

HB 1559. By Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st and Marin of the 66th:
A BILL to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service

FRIDAY, FEBRUARY 20, 2004

1111

delivery by counties and municipalities, so as to exempt sheriffs, clerks of the superior courts, judges of the probate courts, and tax commissioners from the definition of the term "local government"; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1560. By Representatives Martin of the 37th, Powell of the 23rd and Dodson of the 84th, Post 1:
A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licenses and furnishing of information, so as to change certain provisions relating to furnishing of information; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1561. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Lunsford of the 85th, Post 2 and others:
A BILL to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding for local victim assistance programs, so as to provide for collection of incremental payment of fines; to provide for the payment of moneys collected to the Criminal Justice Coordinating Council and to the governing authority of the county in which the moneys are collected; to provide for the promulgation of rules by the Criminal Justice Coordinating Council; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1562. By Representatives Buckner of the 82nd, Manning of the 32nd, Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Randall of the 107th and others:
A BILL to amend Code Section 15-21-131 of the Official Code of Georgia Annotated, relating to imposition of additional fines to fund local victim assistance programs, so as to increase the percentage of the additional penalty

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JOURNAL OF THE HOUSE
imposed to fund victim assistance programs from 5 percent to 8 percent; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1563. By Representative Smith of the 129th, Post 2:
A BILL to amend Code Section 50-8-35 of the Official Code of Georgia Annotated, relating to general provisions relative to regional development centers, so as to provide that regional development centers may enter into lease-purchase agreements to acquire real and personal property; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1564. By Representative Richardson of the 26th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house districts; to provide for the number of Representatives; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease muncipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 20, 2004

1113

HR 1373. 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.

2/19/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1373. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Sholar District 141, Post 1

Referred to the Committee on Transportation.

HR 1375. By Representatives Marin of the 66th, Chambers of the 53rd, Mobley of the 58th, Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3 and others:
A RESOLUTION urging the United States Congress and the President of the United States to pass comprehensive immigration reform in order to protect our homeland, secure continued economic development, and protect the rights of all immigrants; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1524 HB 1525 HB 1526 HB 1527 HB 1528 HB 1529

HB 1541 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546

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HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535 HB 1536 HB 1538 HB 1539 HB 1540

JOURNAL OF THE HOUSE
HR 1345 HR 1346 HR 1347 HR 1348 HR 1349 HR 1370 HR 1371 HR 1372 SB 446 SB 459

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1527. By Representatives Royal of the 140th and O`Neal of the 117th:

A BILL to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modify and add additional criteria for enterprise zones; to provide a limit on tax exemptions; to amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to authorize the addition to the job tax credit program of areas where there is a poverty rate of 20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Benfield Birdsong Y Black E Boggs E Bordeaux Y Borders Bridges

E Day Y Dean E Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod
Epps N Fleming

Hill, C.A Y Hill, V N Hines
Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F

Y Mitchell Y Mobley
Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Snow Stanley-Turner Y Stephens, E Y Stephens, R

N Brock Brooks
Y Broome E Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler
Campbell N Casas N Chambers Y Channell Y Childers E Coan N Coleman, B
Cooper Y Crawford Y Cummings

FRIDAY, FEBRUARY 20, 2004

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 Y Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall
Hembree E Henson N Hill, C

Jones Jordan E Joyce N Keen N Knox Y Lane N Lewis Y Lord Lucas N Lunsford Maddox Y Mangham Y Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton Millar E Mills

Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice E Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 91, nays 40. The motion prevailed.

1115
Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White
Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others:

A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and user taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes

E Day Y Dean E Deloach Y Dix Y Dodson
Dollar

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L

1116

JOURNAL OF THE HOUSE

Beasley-Teague Y Benfield
Birdsong Y Black E Boggs E Bordeaux Y Borders
Bridges Y Brock Y Brooks Y Broome E Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister N Butler
Campbell N Casas Y Chambers Y Channell Y Childers E Coan N Coleman, B
Cooper Y Crawford Y Cummings

Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart N Elrod
Epps Y 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 Y Hanner
Harbin Y Harper E Harrell Y Heard, J Y Heard, K N Heath Y Heckstall
Hembree E Henson Y Hill, C

Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Jordan E Joyce Y Keen Y Knox Y Lane N Lewis Lord Lucas N Lunsford Maddox Mangham Y Manning Y Marin Y Martin E Massey N Maxwell Y McBee E McCall Y McClinton Millar E Mills

Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B Y Reece, S N Rice E Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 111, nays 19. The motion prevailed.

Y Smith, P Y Smith, T Y Smith, V
Smyre Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland N White Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Mosby of the 59th, Post 3 moved that the following Bill of the House be engrossed:

HB 1532. By Representatives Mosby of the 59th, Post 3, Bruce of the 45th, Fludd of the 48th, Post 4 and Moraitakis of the 42nd, Post 4:

FRIDAY, FEBRUARY 20, 2004

1117

A BILL to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property exempt from seizure for purposes of bankruptcy, so as to increase the amount of the homestead exemption for a debtor's residence; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black E Boggs E Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome E Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Bunn N Burkhalter N Burmeister N Butler Campbell N Casas N Chambers Y Channell Y Childers E Coan N Coleman, B Cooper Y Crawford Y Cummings

E Day Y Dean E Deloach Y Dix Y Dodson
Dollar Dooley N Douglas Y Drenner Y Dukes Ehrhart Y Elrod 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 Y Hanner Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall Hembree E Henson N Hill, C

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Jordan E Joyce N Keen N Knox Y Lane N Lewis Lord Lucas N Lunsford Maddox Mangham N Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton Millar E Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice E Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal
Rynders Sailor N Scott 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
Smyre Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the motion the ayes were 88, nays 42. The motion was lost.

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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.

Pursuant to Rule 52, Representative Reece of the 11th moved that the following Bill of the House be engrossed:

HB 1543. By Representatives Reece of the 11th, Snow of the 1st, Lane of the 101st, Parham of the 94th, Jamieson of the 22nd and others:

A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for education property tax relief adjustments and grants; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black E Boggs E Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome E Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers E Coan

E Day Y Dean E Deloach Y Dix Y Dodson
Dollar Dooley N Douglas Y Drenner Y Dukes Ehrhart N Elrod 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 Y Hanner Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan E Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas N Lunsford
Maddox Mangham Y Manning Y Marin N Martin E Massey Y Maxwell Y McBee

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice E Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E

Y Coleman, B N Cooper Y Crawford Y Cummings

FRIDAY, FEBRUARY 20, 2004

Y Heckstall Hembree
E Henson N Hill, C

E McCall Y McClinton
Millar E Mills

Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 94, nays 41. The motion prevailed.

1119
Y Williams, R Y Wix
Yates Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1546. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Hugley of the 113th moved that the following Resolution of the House be engrossed:

HR 1345. By Representatives Hugley of the 113th, Skipper of the 116th, Smyre of the 111th and Oliver of the 56th, Post 2:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs E Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome E Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers E Coan N Coleman, B N Cooper Y Crawford Y Cummings

E Day Y Dean E Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod
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 Y Hanner
Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath Y Heckstall
Hembree E Henson N Hill, C

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan E Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Mangham N Manning Y Marin N Martin E Massey N Maxwell Y McBee E McCall Y McClinton N Millar E Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice E 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
Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson E Westmoreland N White Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the motion the ayes were 94, nays 46. The motion prevailed.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, FEBRUARY 20, 2004

1121

Pursuant to Rule 52, Representative Brock of the 5th moved that the following Resolution of the House be engrossed:

HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Reece of the 11th moved that the following Resolution of the House be engrossed:

HR 1371. By Representatives Reece of the 11th, Snow of the 1st, Lane of the 101st, Parham of the 94th, Jamieson of the 22nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for tax relief with respect to ad valorem property taxation for educational purposes through the imposition of a 1 percent state sales and use tax; and for other purposes.

The motion prevailed.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1390 Do Pass

1122

JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Birdsong of the 104th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 20, 2004

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 398 HR 1191

Purple Heart Highway; designate portion of State Route 232 Purple Heart Highway; designate

DEBATE CALENDAR

HB 838 HB 1107
HB 1147 HR 1193

Employees' Retirement; certain court administrators; certain service credit Bona fide conservation use property; undeveloped riverside or streamside lands Agriculture; commissioner's orders; administrative review Rules of House; amend Rule 13

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:

FRIDAY, FEBRUARY 20, 2004

1123

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 465. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 502. By Senators Thomas of the 54th and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of dangerous drug, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1143. By Representative Greene of the 134th:
A BILL to provide a homestead exemption from Quitman County school district ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens; and for other purposes.
HB 1375. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3, Mitchell of the 61st, Post 3, Dix of the 70th, Post 2, Williams of the 61st, Post 2 and others:
A BILL to amend an Act providing a new charter for the City of Snellville, so as to change provisions relating to vacancies, conflicts of interest, powers, quorum, and voting; to change the powers of the mayor and provide for a city manager and the powers and duties thereof; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 733. By Senators Crotts of the 17th and Gillis of the 20th:

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JOURNAL OF THE HOUSE
A RESOLUTION designating every second Thursday of March as Atlanta Motor Speedway Day at the state capitol; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

SB 465. By Senators Thomas of the 2nd and Johnson of the 1st:
A BILL to be entitled an Act to amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 502. By Senators Thomas of the 54th and Unterman of the 45th:
A BILL to be entitled an Act to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to the definition of dangerous drug, so as to change certain provisions relating to Schedule II; to change certain provisions relating to general registration requirements; to regulate certain opioid treatments; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SR 733. By Senators Crotts of the 17th and Gillis of the 20th:
A RESOLUTION designating every second Thursday of March as Atlanta Motor Speedway Day at the state capitol; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

FRIDAY, FEBRUARY 20, 2004 The Speaker Pro Tem assumed the Chair.

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Representative Dooley of the 33rd, Post 3 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.

Representative Douglas of the 73rd arose to a point of personal privilege and addressed the House.

Representative Forster of the 3rd, Post 1 arose to a point of personal privilege and addressed the House.

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 398. By Representatives Harbin of the 80th and Fleming of the 79th:
A RESOLUTION to dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1191. By Representatives Smith of the 110th, Smith of the 13th, Post 2 and Buck of the 112th:
A RESOLUTION designating the Purple Heart Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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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 Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black E Boggs E 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 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

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Ehrhart Y Elrod 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 E 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 E Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar E 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 Y Purcell Y Ralston Y Randall
Ray Reece, B Y Reece, S Y Rice E 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
Smith, B Y Smith, L
Smith, P Y 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the adoption of the Resolutions, the ayes were 142, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Lucas of the 105th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1147. By Representatives Crawford of the 91st and Ray of the 108th:

FRIDAY, FEBRUARY 20, 2004

1127

A BILL to amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; to change certain provisions relating to applicability of certain provisions relative to the Office of State Administrative Hearings; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding a new Code section to read as follows:
"2-2-9.1. (a) As used in this Code Section, the term 'aggrieved or adversely affected' means that the challenged action has caused or will cause the person injury in fact, and the injury is to an interest within the zone of interests to be protected or regulated by the statute that the Commissioner is empowered to administer and enforce. (b) The Commissioner shall issue all orders, and perform actions to include impoundments, quarantine, the issuance, suspension, denial, or revocation of registrations, licenses, or permits, or approval or denial of applications for registrations, licenses, or permits provided for in such federal and state laws as are to be enforced by the Department of Agriculture. (c) Any administrative order issued by the Commissioner shall specify the alleged violation, prescribe a reasonable time for some type of action to be accomplished, and provide notice of the right to a hearing. Any order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet

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bird owner, or farmer of crops or livestock, chickens, or other animals timely requests a hearing in writing as provided by this Code section.
(d)(1) Any registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals aggrieved or adversely affected by any order or action of the Commissioner to include the issuance, suspension, denial, or revocation of a registration, license, permit, or application, impoundment, quarantine or stop sale, stop use, or stop removal order, upon petition within 30 days after the issuance of such order or the taking of such action, shall have a right to a hearing before a hearing officer appointed or designated for such purpose by the Commissioner. The decision of the hearing officer shall constitute an initial decision of the Department of Agriculture, and any party to the hearing, including the Commissioner, shall have the right to final agency review before the Commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the provisions of this chapter. (2) If the hearing involves the impoundment of equines under Chapter 13 of Title 4, the 'Georgia Humane Care for Equines Act,' the party requesting the hearing shall submit a surety bond to the Commissioner and payable to him or her in the amount of $250.00 per horse per month to be used for care of the animals until resolution of the matter; and a minimum payment of six months shall be submitted with additional bonds upon request. If any type of judicial remedy is initiated in the superior courts, the party requesting such relief shall submit within 30 days of the impoundment a surety bond to the Commissioner and payable to him or her in the amount of $250.00 per horse per month to be used for care of the animals until resolution of the matter; and a minimum payment of six months shall be submitted with additional bonds upon request. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. (3) If the hearing involves the impoundment of animals under Chapter 11 of Title 4, the 'Georgia Animal Protection Act,' the party requesting the hearing shall submit a surety bond to the Commissioner and payable to him or her in the amount of $200.00 per animal per month to be used for care of the animals until resolution of the matter; and a minimum payment of six months shall be submitted with additional bonds upon request. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. (e) Where a statute which the Commissioner has responsibility for administration or enforcement or a provision of Article 1 of Chapter 13 of Title 50 provides for different administrative procedures in providing for a notice and opportunity to be heard other than those specified in this Code section, the Commissioner may elect which procedure to be used on a case-by-case basis. (f) In the event the Commissioner asserts in response to the petition before the hearing officer that the petitioner is not aggrieved or adversely affected, the hearing officer shall

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take evidence and hear arguments on such issue and thereafter make a ruling on such issue before continuing with the hearing. The burden of going forward with evidence on such issue shall rest with the petitioner. The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right for final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (g) Prior to notice, hearing, or determination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent orders civil penalties of up to and including $1,000.00 per violation, except as otherwise authorized by law.
(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law. (2) The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right of final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (3) In rendering a decision on a requested civil penalty, the hearing officer shall consider all relevant factors including, but not limited to, the following:
(A) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (B) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply with or to correct the violation or failure to comply; (C) Any prior violations of, or failures by, such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the Commissioner; (D) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure to comply; (E) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure to comply; and (F) The character and degree of intent with which the conduct of the person incurring the civil penalty was carried out. (i)(1) Once the hearing officer issues an initial decision, that decision may be appealed by any party to the Commissioner for final agency review. The party requesting final agency review shall have 30 days from notice of the initial decision to file an application for final agency review. If the initial decision is not appealed

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within 30 days by any party, it shall be deemed final without need of any further proceedings. (2) In application, the party requesting final agency review from the Commissioner shall include a short and plain statement of:
(A) The reasons for seeking review; and (B) Any alleged errors in the initial decision. (3) The Commissioner may in his or her discretion seek review on his or her own motion pursuant to subsection (a) of Code Section 50-13-17. (4) Opposing parties may submit statements in response within 20 days of service of an application for final agency review. (5) A copy of any application for final agency review or in opposition of application for review shall be served on all parties and their counsel as well as the Commissioner. (j)(1) The standard for final agency review of the initial decision shall be de novo review. (2) The Commissioner may only review the record considered by the hearing officer in the initial decision hearing. The Commissioner shall not rely on investigative files. (3) The Commissioner shall possess all the powers that the hearing officer had during the initial decision hearing. (4) There shall be a presumption of correctness for the hearing officers credibility determination of witnesses appearing before the hearing officer. (5) The Commissioner shall not base his or her decision on conjecture, speculation, or impermissible inferences. (k)(1) The hearing officer shall forward to the Commissioner prior to review: (A) A copy of the record of the case including the initial decision; (B) All pleadings; (C) Transcripts of the hearing; and (D) All exhibits. (2) During the final agency review, the Commissioner may hear or take testimony from any party, including the registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals based on such authority as existed during the initial decision hearing. (3) A party may file a motion not less than 14 days prior to the date of the final agency review to introduce evidence not submitted at the initial decision hearing. Additional evidence may be admitted only if it is material and if good cause exists for not presenting the evidence at the initial decision hearing. Opposing parties may submit responding motions in support of suppression of additional evidence seven days prior to the final agency review. Copies of all motions shall be served on the other party and its counsel as well as the Commissioner. (l)(1) The final decision shall be in writing, and if an initial decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law, separately stated, along with the effective date of the final

FRIDAY, FEBRUARY 20, 2004

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decision. If the Commissioner does not issue a final decision within 30 days, the initial decision shall be deemed final without need of further proceedings. Further, once the initial decision is final, a party's right to judicial review shall be extinguished. (2) The Commissioner's decision must be rendered not later than 30 days following the date the initial decision was issued. (3) The Commissioner may modify sanctions after review of an initial decision on appeal, stating the sanctions in the final decision. The Commissioner shall not have to make separate findings of fact to justify modified sanctions. (4) The period of decision may be extended due to complexity of issues or volume of record materials. All parties involved shall be notified of any extension. A decision shall be rendered as soon as practicable. (5) The Commissioner shall serve on the:
(A) Opposing party; (B) Opposing partys counsel; (C) Agency counsel; and (D) Original hearing officer any resulting decision or notify the above parties if there is no change to the initial decision along with a statement of rights on appeal to the opposing party and counsel within 30 days of any such decision. (m)(1) A party, or the Commissioner on his or her own motion, may seek reconsideration by the Commissioner of a final agency decision. (2) A partys written request for reconsideration must be submitted to the Commissioner within ten days of service of the final decision. The request shall include a short and plain statement of: (A) All matters alleged to have been erroneously decided; and (B) Any newly discovered factual matters and the reasons why any matters were not raised previously. (3) Opposing parties may submit statements in response within 20 days of service of the request of the consideration. (4) All requests for reconsideration and statements in opposition shall be served on all parties and the Commissioner. (5) If the final agency decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law along with the effective date of the decision. (6) The Commissioner's decision shall be rendered within 30 days following the latest filing deadline. (n) Judicial review of the Commissioners final decision may be had in accordance with Code Section 50-13-19. (o)(1) Any order issued by the Commissioner under the laws of this state to be enforced by the Department of Agriculture pursuant to a final decision, either unappealed from as provided by law or affirmed or modified on any review or appeal, and from which no further review is taken or allowed, may be filed, by certified copy

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of the order or final decision from the department, in the superior court of the county wherein the person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate; whereupon such superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court. (2) The Commissioner may commence an action in any superior court of proper venue to enforce any order issued by him or her and made an order of the superior court pursuant to this Code section. (p)(1) Upon the entering of a final adverse decision against an aggrieved party by the Commissioner, the Commissioner shall, within 15 days, deliver to the aggrieved party a statement of the costs incurred in the impoundment and care of the impounded animal or animals. The aggrieved party shall then render payment of such costs to the Commissioner within 30 days after the service of the final decision of the agency or, if a rehearing is requested, within 30 days after the decision thereon. (2) If the aggrieved party petitions for judicial review under Code Section 50-13-19, the Commissioner shall, within 15 days, deliver to the aggrieved party a statement of the costs incurred in the impoundment and care of the impounded animal or animals. The aggrieved party shall then render payment of such costs to the Commissioner within 30 days after the service of any final adverse decision of the Superior Court of Fulton County. (3) If payment is not rendered to the Commissioner within the time period required in this subsection, the Commissioner may commence and maintain an action against the principal and surety on the bond of the aggrieved party as in any civil action."
SECTION 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-19, relating to judicial review of contested cases, and inserting in lieu thereof the following:
"(b) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the agency or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Commission must be brought in the Superior Court of Fulton County; and provided, further, that all proceedings for review with respect to orders, rules, regulations, or other decisions or directives of the Commissioner of Agriculture must be brought in the

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1133

Superior Court of Fulton County, the Superior Court of Tift County, or the Superior Court of Chatham County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioners interest, the fact showing that the petitioner is aggrieved by the decision, and the ground as specified in subsection (h) of this Code section upon which the petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court."
SECTION 3. Said chapter is further amended in Code Section 50-13-42, relating to applicability of certain provisions relative to the Office of State Administrative Hearings, by striking subsection (a) and inserting in lieu thereof the following:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit these such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."
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 E Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black E Boggs E Bordeaux Y Borders Y Bridges Y Brock Y Brooks

E 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

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan

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 Sholar Y Sims Y Sinkfield
Skipper Smith, B Y Smith, L Smith, P Y Smith, T Y Smith, V Y Smyre Snow Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes

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Y Broome E Brown Y Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn
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

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Y Fludd Y Forster Y Franklin Y Gardner E 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 E Henson Y Hill, C

E Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar E Mills

Porter Y Powell Y Purcell Y Ralston
Randall Y Ray
Reece, B Y Reece, S Y Rice E Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw Y Sheldon

Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 139, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1107. By Representatives Rogers of the 20th, Hanner of the 133rd, Royal of the 140th, Shaw of the 143rd and Jenkins of the 8th:
A BILL to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation of bona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley

Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B Y Smith, L

FRIDAY, FEBRUARY 20, 2004

Beasley-Teague Y Benfield Y Birdsong Y Black E Boggs E 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 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 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 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 E Henson Y Hill, C

Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar E Mills

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
Rice E 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

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Smith, P Y Smith, T Y Smith, V Y Smyre
Snow Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 145, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

HR 1193. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1, Reece of the 21st, Brooks of the 47th, Dean of the 49th and others:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson E Ashe Y Bannister Y Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong N Black E Boggs E Bordeaux Y Borders Y Bridges Y Brock Y Brooks N Broome E 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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Gardner E Golick Y Graves, D
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 E Henson N Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes N Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James E Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan E Joyce Y Keen
Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin E Massey Y Maxwell Y McBee E McCall N McClinton Y Millar E Mills

Y Mitchell Y Mobley Y Moraitakis N 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 N Parsons
Porter Powell Y Purcell Y Ralston Y Randall Y Ray N Reece, B Y Reece, S Y Rice E Richardson Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims N Sinkfield Y Skipper
Smith, B Y Smith, L
Smith, P N 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 131, nays 18. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Dollar of the 31st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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1137

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.

The Speaker assumed the Chair.

The following Resolutions of the House were read and adopted:

HR 1384. By Representatives Rogers of the 15th, Hill of the 16th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Franklin of the 17th:
A RESOLUTION commending Matthew Scott Laney; and for other purposes.

HR 1385. By Representatives Rogers of the 15th, Hill of the 16th, Murphy of the 14th, Post 2 and Franklin of the 17th:
A RESOLUTION commending Joel Clayton Swett; and for other purposes.

HR 1386. By Representatives Douglas of the 73rd, Amerson of the 9th, Williams of the 4th, Ralston of the 6th and Reece of the 21st:
A RESOLUTION commending North Georgia College & State University male choral group, the Patriot Choir; and for other purposes.

HR 1387. By Representatives Parsons of the 29th, Manning of the 32nd, Thomas Morgan of the 33rd, Post 2, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1 and others:
A RESOLUTION congratulating Jenny Womack, Miss Cobb County 2004; and for other purposes.

HR 1388. By Representatives Rogers of the 15th, Hill of the 16th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and Franklin of the 17th:
A RESOLUTION commending Kyle Lee Kleppe; and for other purposes.

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HR 1389. By Representative Shaw of the 143rd:
A RESOLUTION recognizing and commending Lanier County Elementary School; and for other purposes.

HR 1390. By Representatives Buck of the 112th, Royal of the 140th, Coleman of the 118th, Skipper of the 116th, Cummings of the 19th and others:
A RESOLUTION commending Monnie Sellars; and for other purposes.

HR 1391. By Representatives White of the 3rd, Post 2, Brock of the 5th and Forster of the 3rd, Post 1:
A RESOLUTION recognizing the contributions of Bernita C. Harris to Murray County; and for other purposes.

HR 1392. By Representative Parham of the 94th:
A RESOLUTION recognizing and commending Cortez T. Scott; and for other purposes.

HR 1393. By Representative Shaw of the 143rd:
A RESOLUTION congratulating Terri M. Lyndall and William G. Consiglio on their wedding; and for other purposes.

HR 1394. By Representative Drenner of the 57th:
A RESOLUTION commending For the Kid in All of Us, Inc., and recognizing February 27, 2004, as "For the Kid in All of Us Day" at the state capitol; and for other purposes.

HR 1395. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1 and Barnes of the 84th, Post 2:
A RESOLUTION commending Matthew Ryan Kinnamon on attaining the rank of Eagle Scout; and for other purposes.

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1139

By unanimous consent, HB 838 was postponed until the next legislative day.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1383. By Representatives Hill of the 16th, Murphy of the 14th, Post 2, Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and others:
A RESOLUTION inviting the family of Honorable William G. "Bill" Hasty, Sr., to appear before the House of Representatives; and for other purposes.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1337. By Representatives Mobley of the 58th, Watson of the 60th, Post 2 and Mangham of the 62nd:
A RESOLUTION commending Honorable Joe Keshi, Consul-General of Nigeria, and recognizing "Africa Day" at the capitol on February 20, 2004, and inviting Honorable Joe Keshi to appear before the House of Representatives; and for other purposes.

Representative Skipper of the 116th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 23, 2004 and the motion prevailed.
The Speaker announced the House adjourned until 1:00 o'clock, P.M., Monday, February 23, 2004.

1140

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Monday, February 23, 2004

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 Ashe Bannister Barnard Barnes Birdsong Black E Boggs E Bordeaux Borders Bridges Brock Brooks Broome Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Channell Childers E Coan Coleman, B

Cooper Crawford Cummings E Day Deloach Dodson Dollar Dooley Douglas Drenner Ehrhart Elrod Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Harbin Harper Heard, K Heath Hembree

E Henson E Hill, C.A
Hines Houston Howard Hudson Hugley Jackson E Jamieson Jenkins, C.F Jones Jordan Joyce Knox Lane Lewis Lord Lunsford Mangham Manning Martin E Massey Maxwell McBee E McCall Millar Mills

Moraitakis Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Purcell Ralston Randall Reece, S Richardson Roberts, J Roberts, L Royal Rynders Scott Shaw Sheldon Sholar Sims

Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Snow Stephens, E Stephens, R Stokes Stoner Teilhet Teper E Thomas, A.M Walker, R.L Warren Watson E Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Wix Yates Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Beasley-Teague of the 48th, Post 2; Brown of the 89th; Bruce of the 45th; Chambers of the 53rd; Dean of the 49th; Dix of the 70th, Post 2; Epps of the 90th; Floyd of the 69th, Post 2; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Heard of the 70th, Post 3; Heckstall of the 48th, Post 3; Hill of the 16th; Hill of the 81st; Howell of the 92nd; James of the 114th; Jenkins of the 93rd; Keen of the 146th; Lucas of the 105th; Marin of the 66th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Morris of the 120th; Powell of the 23rd; Ray of the 108th; Reece of the 11th; Rice of the 64th; Rogers of the 20th; Rogers of the

MONDAY, FEBRUARY 23, 2004

1141

15th; Smith of the 76th; Smyre of the 111th; Thompson of the 69th, Post 1; and Walker of the 115th.
They wish to be recorded as present.

Prayer was offered by the Reverend Richard Mark Lee, Pastor, First Baptist Church, Sugar Hill, 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:

1142

JOURNAL OF THE HOUSE

HB 1566. By Representatives Bridges of the 7th, Burmeister of the 96th, Sheldon of the 71st, Post 2, Smith of the 87th, Jones of the 38th and others:
A BILL to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to enact the "Health Care Protection Act"; to request that an unmarried mother identify the name of a baby's father; to provide for county health departments to attempt to locate putative fathers; to provide for amended birth certificates; to require the identification on birth certificates of certain children born as a result of artificial insemination; and for other purposes.

Referred to the Committee on Judiciary.

HB 1567. By Representatives Greene of the 134th, Butler of the 88th, Post 1, Barnard of the 121st, Post 1, Buckner of the 109th and Reece of the 11th:
A BILL to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for probation services by private entities and local governments; to change certain provisions relating to applicability of the state-wide probation system to counties establishing probation systems or entering into agreements for private probation services pursuant to Code Section 42-8-100; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1568. By Representative Mitchell of the 61st, Post 3:
A BILL to amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no community service board shall employ any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in compliance with the provisions of Code Section 47-2-110; and for other purposes.

Referred to the Committee on Retirement.

MONDAY, FEBRUARY 23, 2004

1143

HB 1569. 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.

HB 1570. By Representatives Reece of the 11th, Snow of the 1st, Jamieson of the 22nd, Casas of the 68th, Cummings of the 19th and others:
A BILL to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for monitors to ride school buses that regularly transport more than 40 students; to provide for duties of monitors and local boards of education; and for other purposes.

Referred to the Committee on Education.

HB 1571. By Representative Elrod of the 25th:
A BILL to amend an Act creating the Nicholson Water Authority, so as to amend certain provisions relating to the appointment and compensation of members of the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1572. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend the corporate limits of the city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1573. By Representative Scott of the 138th:

1144

JOURNAL OF THE HOUSE
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to limit the rates charged by a hospital that owns a managed care plan, in whole or in part, to patients who do not participate in such managed care plan; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1574. By Representatives Hill of the 81st, Jenkins of the 8th, Heckstall of the 48th, Post 3, Williams of the 61st, Post 2 and Williams of the 128th:
A BILL to amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1575. By Representatives Bannister of the 70th, Post 1, Parsons of the 29th, Stokes of the 72nd, Ralston of the 6th and Williams of the 4th:
A BILL to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that the sale or disposition of real property owned by local authorities shall be made in the same manner as real property owned by the governing authority of a county; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1576. By Representatives Dodson of the 84th, Post 1, Childers of the 13th, Post 1, Parsons of the 29th and Watson of the 60th, Post 2:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.

MONDAY, FEBRUARY 23, 2004

1145

2/20/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1576. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Dodson District 84, Post 1

Referred to the Committee on Health & Human Services.

HB 1577. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Crawford of the 91st:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates commemorating the Benevolent and Protective Order of Elks; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1578. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

Mr. Clerk:

2/20/2004

1146

JOURNAL OF THE HOUSE

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1578. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1579. By Representatives Oliver of the 56th, Post 2, Watson of the 60th, Post 2, Bannister of the 70th, Post 1, Stephens of the 123rd, Smith of the 13th, Post 2 and others:
A BILL to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a selfinsured employer or an insurer for a subsequent injury for which a claim is made after June 30, 2004; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to July 1, 2004; to provide for dissolution of the fund; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1580. By Representatives Cooper of the 30th, Sinkfield of the 50th, Oliver of the 56th, Post 2, Campbell of the 39th and Lunsford of the 85th, Post 2:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parents; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department of Human Resources; and for other purposes.

Referred to the Committee on Children & Youth.

HB 1581. By Representatives Harrell of the 54th and Dooley of the 33rd, Post 3:

MONDAY, FEBRUARY 23, 2004

1147

A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2007; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

2/20/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1581. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Harrell District 54

Referred to the Committee on Health & Human Services.

HB 1582. By Representatives Martin of the 37th and Greene of the 134th:
A BILL to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; and for other purposes.

Referred to the Committee on Higher Education.

HB 1583. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Orrock of the 51st, Hugley of the 113th, Stanley-Turner of the 43rd, Post 2 and others:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide that persons unemployed through no fault of their own due to undue family hardship arising out of domestic violence or compelling family obligations may be eligible for unemployment compensation; and for other purposes.

1148

JOURNAL OF THE HOUSE

Referred to the Committee on Industrial Relations.

HB 1584. By Representatives Lane of the 101st and Purcell of the 122nd:
A BILL to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants for attending institutes of postsecondary education, so as to revise provisions relating to ineligibility for HOPE scholarships and grants; to require notice of such provisions on the applications for such scholarships and grants; to require signature of an affidavit pledging to be drug-free; and for other purposes.

Referred to the Committee on Higher Education.

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 1588. By Representatives Amerson of the 9th, Parham of the 94th, Bridges of the 7th and Fleming of the 79th:
A BILL to amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; 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 1547 HB 1548 HB 1549 HB 1550 HB 1551 HB 1552 HB 1553 HB 1554

HB 1559 HB 1560 HB 1561 HB 1562 HB 1563 HB 1564 HB 1565 HR 1373

HB 1555 HB 1556 HB 1557 HB 1558

MONDAY, FEBRUARY 23, 2004
HR 1375 SB 465 SB 502 SR 733

1149

Pursuant to Rule 52, Representative Stephens of the 123rd moved that the following Bill of the House be engrossed:

HB 1553. By Representatives Stephens of the 123rd, Birdsong of the 104th, Sims of the 130th and Elrod of the 25th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and ad valorem tax appeals, so as to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Lane of the 101st moved that the following Bill of the House be engrossed:

HB 1558. By Representatives Lane of the 101st, Barnard of the 121st, Post 1 and Elrod of the 25th:

A BILL to amend Code Section 27-3-17 of the Official Code of Georgia Annotated, relating to hunting deer with dogs, seasons, and permit requirements, so as to change certain provisions relating to permit requirements, types, applications, and fees; to provide for the effective date of certain administrative action against any permit; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield

E Day N Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas

E Hill, C.A Hill, V
N Hines Holmes
Y Houston Howard
Y Howell Hudson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby N Mosley N Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P N Smith, T

1150
Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers E Coan N Coleman, B N Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Drenner Dukes Ehrhart
Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick
Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall
Hembree Y Henson
Hill, C

Y Hugley Y Jackson N James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning
Marin N Martin N Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S
Rice N Richardson N Roberts, J
Roberts, L Rogers, C N Rogers, Ch. Y Royal N Rynders Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 91, nays 57. The motion prevailed.

N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson E Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson
Westmoreland N White N Wilkinson N Willard N Williams, A Y Williams, E
Williams, R Y Wix N Yates
Coleman, Speaker

Representative Boggs of the 145th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Pursuant to Rule 52, Representative Sholar of the 141st, Post 1 moved that the following Resolution of the House be engrossed:

HR 1373. 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.

MONDAY, FEBRUARY 23, 2004 The motion prevailed.

1151

Pursuant to Rule 52, Representative Skipper of the 116th moved that the following Bill of the House be engrossed:

HB 1556. By Representatives Dukes of the 136th, Thomas Morgan of the 33rd, Post 2, Yates of the 85th, Post 1, Butler of the 88th, Post 1 and Roberts of the 135th:

A BILL to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent felonies, so as to provide that the commissioner of corrections may authorize a final portion of a sentence for certain serious violent felonies to be served in work release status; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers E Coan

Day Y Dean Y Deloach
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
Graves, D N Graves, T
Greene Y Greene-Johnson Y Hanner N Harbin
Harper Harrell N Heard, J Y Heard, K N Heath

E Hill, C.A Y Hill, V N Hines
Holmes N Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E

1152
N Coleman, B N Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall N Hembree Y Henson N Hill, C

E McCall Y McClinton N Millar N Mills

Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 91, nays 60. The motion prevailed.

Y Williams, R Y Wix N Yates
Coleman, Speaker

Due to a mechanical malfunction, the vote of Representative Day of the 126th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Floyd of the 132nd District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1301 Do Pass SB 405 Do Pass

Respectfully submitted, /s/ Floyd of the 132nd
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1441 Do Pass, by Substitute

MONDAY, FEBRUARY 23, 2004
Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

1153

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 1364 Do Pass HB 1365 Do Pass HB 1366 Do Pass

HB 1367 Do Pass HB 1531 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 23, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 1087 HB 1185 HB 1194 HB 1243 HB 1347

Motor vehicle license fees, classes, restricted plates; amend provisions Natural Resources; conservation rangers; powers; watercraft inspection Child custody; court appointed custody evaluator; liability Motor vehicles; identification rules; comply with federal provisions Child welfare agencies; employment applicants; criminal records checks

1154

JOURNAL OF THE HOUSE

HB 1382
HB 1457 HB 1461 HR 1095

Shore Protection and Coastal Marshland Protection Committees; change membership State purchasing; vendor requirements; contracts Revenue, Department of; certain disclosure; taxpayer records Low income building projects; separate classification; ad valorem taxes CA

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1364. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam 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 70 years of age or older; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1365. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam 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 adjusted 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.

MONDAY, FEBRUARY 23, 2004

1155

HB 1366. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for residents of that school district who are 70 years of age or older; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1367. By Representatives Channell of the 77th and Hudson of the 95th:
A BILL to provide for a homestead exemption from Putnam 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 adjusted 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 1531. By Representative Birdsong of the 104th:
A BILL to amend an Act providing for the election of members of the Board of Education of Twiggs County, so as to change the method of filling vacancies in the offices of chairperson and board members; 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:

1156

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
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 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 Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Heath Y Heckstall Y Hembree Y Henson Hill, C

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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
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
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 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 Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 157, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:

MONDAY, FEBRUARY 23, 2004

1157

SB 522. By Senators Price of the 56th, Johnson of the 1st and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 522. By Senators Price of the 56th, Johnson of the 1st and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state senatorial districts; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

Representative Richardson of the 26th arose to a point of personal privilege and addressed the House.

Representative Keen of the 146th arose to a point of personal privilege and addressed the House.

Representative Dean of the 49th arose to a point of personal privilege and addressed the House.

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Representative Bordeaux of the 125th arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HR 1095. By Representatives Buck of the 112th and Royal of the 140th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that qualified low-income building projects may be classified as a separate class of property for ad valorem property tax purposes, and different rates, methods, and assessment dates may be provided for such building projects; and for other purposes.

The 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
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
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
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby
Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper

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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, FEBRUARY 23, 2004

Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin Y Massey
Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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

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Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 157, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1194. By Representatives Teilhet of the 34th, Post 2, Willard of the 40th, Moraitakis of the 42nd, Post 4, Stephenson of the 60th, Post 1 and Wilkinson of the 41st:
A BILL to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for no civil liability for a court appointed custody evaluator; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to limit civil liability for a court appointed custody evaluator or guardian ad litem; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, is amended by adding a new paragraph (7) to the end of subsection (a) to read as follows:
"(7) A court appointed custody evaluator or a guardian ad litem appointed pursuant to this subsection and acting in furtherance thereof shall be subject to civil liability therefore for his or her gross negligence."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

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
Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell

Y 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
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 Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland
White Y Wilkinson Y Willard Y Williams, A

E Coan Y Coleman, B
Cooper Y Crawford Y Cummings

MONDAY, FEBRUARY 23, 2004

Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y McBee E McCall Y McClinton
Millar Y Mills

Y Rynders Sailor
Y Scott Y Shaw Y Sheldon

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Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Pursuant to Rule 134, Representative Gardner of the 42nd, Post 3 was excused from voting on HB 1194.

Representative White of the 3rd, Post 2 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1185. By Representatives Shaw of the 143rd, Floyd of the 132nd, Boggs of the 145th, Rogers of the 20th, Channell of the 77th and others:
A BILL to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to additional powers of conservation rangers and functions of other agencies assigned to the Department of Natural Resources; to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of Georgia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of

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Geogia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, is amended by striking Code Section 27-1-24, relating to inspection of vessels and boats, and inserting in lieu thereof the following:
"27-1-24. The provisions of this title or any rule or regulation adopted pursuant to this title pertaining to the operation of vessels or boats upon the waters of this state shall be enforceable by, in addition to conservation rangers, agents of the Georgia Bureau of Investigation and other persons having responsibility to preserve the peace and enforce the laws of this state. Such persons shall have the authority to order any vessel or boat within the boundaries of this state to stop and lay to and shall have the authority to board, inspect, and examine the vessel or boat, its equipment, the wildlife on board, if any, and such documents, licenses, or other records which the vessel or boat is required to possess under this title and Code Sections 52-7-1 through 52-7-25 for the purpose of determining compliance with the provisions of such laws; but the ranger, agent, or other authorized person shall have such authority to board, inspect, and examine only if the owner or operator has given express consent thereto or if the ranger, agent, or other authorized person has probable cause to believe a violation of a law, rule, or regulation which he or she is authorized to enforce has been committed by the owner or operator of or passenger in such vessel or boat."
SECTION 2. Code Section 52-7-25 of the Official Code of Geogia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) An officer empowered to enforce this article shall have the power: (1) To arrest on view for any violation relating to boating and all rules and regulations prescribed by the board under this article; (2) To execute all warrants and search warrants for violations of the boat laws and regulations; (3) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws and regulations relating to boats; (4) To board vessels in use, for purposes of examining any documents and safety equipment, and to search without warrant any vessel which is not at its regular mooring or berth when he believes the officer has the express consent of the owner or operator or probable cause to believe that any law of this state or any rule or regulation of the Board of Natural Resources relating to boating has been violated;

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1163

(4.1) To board vessels in use or floating, whether moored or not, for purposes of examining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes has the express consent of the owner or operator or probable cause to believe that any of said provisions of this article relating to marine toilets have been violated; (5) To detain the vessel and arrest the operator of a suspected stolen vessel; (6) To enter upon any land or water in the performance of his or her duty, but in the case of private property only if the owner has given express consent thereto or if the officer has probable cause to believe a violation of a law, rule, or regulation which the officer is authorized to enforce has been committed on such property; (7) To demand and secure proper assistance in case of emergency; (8) To exercise the powers and duties of peace officers; and (9) To investigate any boating accident which occurs on the waters of this state."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Shaw of the 143rd, was read and adopted:

A BILL
To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, so as to change certain provisions relating to inspection of vessels and boats; to amend Code Section 52-7-25 of the Official Code of Geogia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, so as to change certain provisions relating to powers of enforcement officers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to game and fish, is amended by striking Code Section 27-1-24, relating to inspection of vessels and boats, and inserting in lieu thereof the following:
"27-1-24. (a) The provisions of this title or any rule or regulation adopted pursuant to this title pertaining to the operation of vessels or boats upon the waters of this state shall be enforceable by, in addition to conservation rangers, agents of the Georgia Bureau of

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Investigation and other persons having responsibility to preserve the peace and enforce the laws of this state. Such persons shall have the authority to order any vessel or boat within the boundaries of this state to stop and lay to and shall have the authority to board, inspect, and examine the vessel or boat, its equipment, the wildlife on board, if any, and such documents, licenses, or other records which the vessel or boat is required to possess under this title and Code Sections 52-7-1 through 52-7-25 for the purpose of determining compliance with the provisions of such laws. (b) Notwithstanding the provisions of subsection (a) of this Code section, with regard to any recreational vessel less than 30 feet in length that is in fresh water, the ranger, agent, or other authorized person shall have such authority to stop the vessel and board, inspect, and examine only if the owner or operator has given express consent thereto or if the ranger, agent, or other authorized person has probable cause to believe a violation of a law, rule, or regulation which he or she is authorized to enforce has been committed by the owner or operator of or passenger in such vessel; provided, however, that the probable cause requirement of this subsection shall not apply when the occupants of such vessel are actively engaged in fishing or hunting or engaged in any commercial activity."
SECTION 2. Code Section 52-7-25 of the Official Code of Geogia Annotated, relating to enforcement of general provisions relative to registration, operation, and sale of watercraft, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) An officer empowered to enforce this article shall have the power: (1) To arrest on view for any violation relating to boating and all rules and regulations prescribed by the board under this article; (2) To execute all warrants and search warrants for violations of the boat laws and regulations; (3) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws and regulations relating to boats; (4)(A) To board vessels in use, for purposes of examining any documents and safety equipment, and to search without warrant any vessel which is not at its regular mooring or berth when he believes that any law of this state or any rule or regulation of the Board of Natural Resources relating to boating has been violated; and (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, with regard to any recreational vessel less than 30 feet in length that is in fresh water, the ranger, agent, or other authorized person shall have such authority to stop the vessel and board, examine, and search only if the owner or operator has given express consent thereto or if the ranger, agent, or other authorized person has probable cause to believe a violation of a law, rule, or regulation which he or she is authorized to enforce has been committed by the owner or operator of or passenger in such vessel; provided, however, that the probable cause requirement of this subparagraph shall

MONDAY, FEBRUARY 23, 2004

1165

not apply when the occupants of such vessel are actively engaged in fishing or hunting or engaged in any commercial activity; (4.1) To board vessels in use or floating, whether moored or not, for purposes of examining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes that any of said provisions of this article relating to marine toilets have been violated; (5) To detain the vessel and arrest the operator of a suspected stolen vessel; (6) To enter upon any land or water in the performance of his or her duty; (7) To demand and secure proper assistance in case of emergency; (8) To exercise the powers and duties of peace officers; and (9) To investigate any boating accident which occurs on the waters of this state."
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 N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Y Dean
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

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox

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 Sholar Y Sims
Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren

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Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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 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, the ayes were 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 76th 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 1461. By Representatives Royal of the 140th, Richardson of the 26th, Sims of the 130th, O`Neal of the 117th and Borders of the 142nd:
A BILL to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances under which the state revenue commissioner or an officer or employee of the Department of Revenue may disclose certain confidential taxpayer 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:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
Douglas Y Drenner

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T E Smith, V

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

MONDAY, FEBRUARY 23, 2004

Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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

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Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, Representative Mangham of the 62nd was recorded as voting "aye".

Representative Bannister of the 70th, 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 1347. By Representatives Manning of the 32nd, Sinkfield of the 50th, Gardner of the 42nd, Post 3, Buckner of the 82nd, Henson of the 55th and others:
A BILL to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that a child welfare agency shall obtain for every applicant for

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employment a preliminary criminal records check from the Georgia Crime Information Center through a local law enforcement authority; to define certain terms; to provide that an individual with a criminal record which includes certain crimes shall be prohibited permanently from employment in, service on behalf of, or residence in a child welfare agency or for a minimum of ten years from the date of final disposition of the crime, depending on the type of crime involved; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees records checks for day-care centers, so as to revise a definition; to change certain provisions relating to fingerprint records check applications for directors of existing facilities and preliminary records checks for employees; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees records checks for day-care centers, is amended by striking paragraph (1) of Code Section 49-5-60, relating to definitions, and inserting in its place the following:
"(1) 'Center' means a child-care learning center, child-placing agency, day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article 1 of this chapter."
SECTION 2. Said article is further amended by striking subsection (b) of Code Section 49-5-67, relating to fingerprint records check applications for directors of existing facilities and preliminary records checks for employees, and inserting in its place the following:
"(b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately after requesting a preliminary records check from a local law enforcement agency and may work up to five working days without the results of the preliminary records check if the director of the center maintains an affidavit with supporting documents in the employees personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work

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1169

and the date that the preliminary records check was received from the local law enforcement agency. The employees personnel file shall be available to the department for inspection. At the end of the five-day work period or upon receipt of the results of the preliminary records check, whichever occurs first, emergency temporary employees become subject to all other requirements of this article. As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or foster parent or other adult residing in the foster care home, and make a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the centers file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a centers facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the centers facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the centers file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the centers file on the employee with all supporting documentation. Centers shall not abuse the right to utilize emergency temporary employees. Foster parents and adults residing in a foster care home utilized by child-placing agencies shall never be utilized as emergency temporary employees of the child-placing agency. Employees, emergency temporary employees, foster parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y 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
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
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
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 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 Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson E Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan E Thomas, A.M Y Thompson 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.

MONDAY, FEBRUARY 23, 2004

1171

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.

The following Resolution of the House was read and adopted:

HR 1396. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION recognizing "Effingham County Day"; 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 1382. By Representatives Keen of the 146th, Rogers of the 20th, DeLoach of the 127th, Barnard of the 121st, Post 1 and Sheldon of the 71st, Post 2:
A BILL to amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; and for other purposes.

The following amendment was read and adopted:

Representatives Rogers of the 20th, Keen of the 146th and Hanner of the 133rd move to amend HB 1382 by inserting "to provide for quorums of such committees;" after "Protection Committee;" on line 4 of page 1.
By striking line 15 of page 1 and inserting in lieu thereof the following:
"Glynn, McIntosh, Liberty, Bryan, or Chatham County. Three members of the committee shall contitute a quorum. The members of the committee shall".

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JOURNAL OF THE HOUSE

By striking line 2 of page 2 and inserting in lieu thereof the following:
"Chatham County. Three members of the committee shall constitute a quorum. The committee shall issue all orders and shall grant, deny, revoke, and".

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 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
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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 E Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan E Thomas, A.M Y Thompson 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 168, nays 2.

MONDAY, FEBRUARY 23, 2004

1173

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1457. By Representatives Royal of the 140th, O`Neal of the 117th, Sims of the 130th and Borders of the 142nd:
A BILL to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department of Revenue and the Department of Administrative Services; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y 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 Y Chambers Y Channell

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper
Harrell Y Heard, J

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T E Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard

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Y 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 Y Henson Y Hill, C

Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read:

HR 1400. By Representatives Skipper of the 116th and Orrock of the 51st

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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of February 26, 2004, through March 8, 2004, shall be as follows:
Thursday, February 26 ...............................................in session for legislative day 26 Friday, February 27 ....................................................in adjournment Saturday, February 28 ................................................in adjournment Sunday, February 29...................................................in adjournment Monday, March 1 .......................................................in session for legislative day 27 Tuesday, March 2 .......................................................in session for legislative day 28 Wednesday, March 3 ..................................................in adjournment Thursday, March 4 .....................................................in session for legislative day 29 Friday, March 5 ..........................................................in session for legislative day 30 Saturday, March 6 ......................................................in adjournment Sunday, March 7.........................................................in adjournment Monday, March 8 .......................................................in session for legislative day 31
BE IT FURTHER RESOLVED that on and after March 8, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the

MONDAY, FEBRUARY 23, 2004

1175

close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
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 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
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 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 E Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 166, nays 1.

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JOURNAL OF THE HOUSE

The Resolution was adopted.

HB 1087. By Representatives Roberts of the 131st, Black of the 144th, McCall of the 78th, Powell of the 23rd and Keen of the 146th:
A BILL to amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change certain provisions relating to restricted license plates for vehicles; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended in Code Section 40-2-151, relating to annual license fees for operation of vehicles and fee for permanent licensing of certain trailers, by striking paragraph (3) of subsection (a) of said Code section and inserting in its place the following:
"(3)(A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:
(i) Less than 14,000 lbs. ........................................................................... 20.00
(ii) 14,000 to 18,000 lbs. .......................................................................... 25.00
(iii) 18,001 to 26,000 lbs. ......................................................................... 38.00
(iv) 26,001 to 30,000 lbs. ......................................................................... 45.00
(v) 30,001 to 36,000 lbs. ............................................................................ 70.00

MONDAY, FEBRUARY 23, 2004

1177

(vi) 36,001 to 44,000 lbs. .......................................................................... 115.00
(vii) 44,001 to 54,999 lbs. ......................................................................... 190.00
(viii) 55,000 to 63,280 lbs. ........................................................................ 300.00
(ix) 63,281 lbs. to maximum permitted...................................................... 400.00
(B) Subparagraph (A) of this paragraph notwithstanding:
(i) A straight truck which is not a truck-tractor shall not be classified higher than $75.00;
(ii) A straight truck hauling fertilizer and or agricultural products shall not be classified higher than $31.00; and
(iii) A truck-tractor hauling fertilizer, or milk, or crops as defined in paragraph (7.1) of Code Section 1-3-3 shall not be classified higher than $220.00;"
SECTION 2. Said article is further amended in Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license plates for vehicles, by striking subsection (f) of said Code section and inserting in its place the following:
"(f) A truck or a truck-tractor hauling fertilizer, or milk, or crops as defined in paragraph (7.1) of Code Section 1-3-3 shall be issued a restricted license plate with the fee computed in accordance with Code Section 40-2-151."
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

N Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

1178
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 Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

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 Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan E Thomas, A.M Y Thompson 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 164, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Knox of the 14th, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1243. By Representatives Powell of the 23rd, Reece of the 21st and Parham of the 94th:
A BILL to amend Code Section 40-8-9 of the Official Code of Georgia Annotated, relating to compliance with federal provisions, so as to clarify certain provisions relating to vehicle identification rules; and for other purposes.

MONDAY, FEBRUARY 23, 2004

1179

The report of the Committee, which was favorable to the 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 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
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

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen Knox Y Lane Y Lewis Y Lord Y Lucas Lunsford 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 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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson E Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan E Thomas, A.M Y Thompson 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

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolutions of the House were read and adopted:

1180

JOURNAL OF THE HOUSE

HR 1397. By Representative Parsons of the 29th:
A RESOLUTION commending Lieutenant Luther Jackson Giesler; and for other purposes.

HR 1398. By Representatives Purcell of the 122nd, Stephens of the 123rd, Birdsong of the 104th, Coleman of the 118th, DeLoach of the 127th and others:
A RESOLUTION commending Major Genereal William N. Searcy; and for other purposes.

HR 1399. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION commending the Georgia Association of Private Providers; and for other purposes.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 838 having been previously postponed, was again postponed until the next legislative day.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1563 Do Pass

MONDAY, FEBRUARY 23, 2004
Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

1181

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.

1182

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Tuesday, February 24, 2004

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 Birdsong Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Butler Campbell Casas Chambers Channell Childers Coan Coleman, B

Cooper Crawford Cummings Day Deloach Dodson Dollar Douglas Drenner Dukes Ehrhart Fleming Floyd, J Forster Franklin Graves, D Graves, T Greene Greene-Johnson Harper Harrell Heard, J Heard, K Heath

Hembree Hill, C E Hill, C.A Hill, V Hines Howell Hugley Jackson Jamieson Jenkins, C.F Jones Joyce Lane Lewis Lord Mangham Manning Massey E McCall E McClinton Millar Mills Mitchell Moraitakis

Morris Mosby Mosley Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Parrish Parsons Ralston Randall Reece, S Rice Richardson Roberts, L Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Smith, L

Smith, P Snow E Stanley-Turner Stephens, E Stephens, R Stephenson E Stokes Stoner Teilhet Teper Thomas Morgan E Thomas, A.M Thompson Walker, L Warren Watson 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; Barnes of the 84th, Post 2; Beasley-Teague of the 48th, Post 2; Benfield of the 56th, Post 1; Black of the 144th; Boggs of the 145th; Bordeaux of the 125th; Borders of the 142nd; Bruce of the 45th; Dean of the 49th; Dooley of the 33rd, Post 3; Elrod of the 25th; Epps of the 90th; Floyd of the 69th, Post 2; Fludd of the 48, Post 4; Gardner of the 42nd, Post 3; Hanner of the 133rd; Harbin of the 80th; Holmes of the 48th, Post 1; Houston of the 139th; Howard of the 98th; James of the 114th; Jenkins of the 93rd; Jordan of the 83rd; Keen of the 146th; Lucas of the 105th; Lunsford of the 85th, Post 2; Marin of the 66th; Maxwell of the 27th; McBee of the 74th; Mobley of the 58th; Noel of the 44th; Porter of the 119th; Powell of the 23rd; Purcell of the 122nd; Ray of the 108th; Roberts of the 131st; Rogers of the 20th; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Smith of the 110th; Smith of the 129th, Post 2;

TUESDAY, FEBRUARY 24, 2004

1183

Smyre of the 111th; Walker of the 71st, Post 1; Willard of the 40th; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend John B. Carroll, Executive Director, South Georgia United Methodist Foundation, Macon, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 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:

1184

JOURNAL OF THE HOUSE

HB 1585. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Dollar of the 31st, Wilkinson of the 41st and others:
A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1586. By Representatives Butler of the 88th, Post 1, Roberts of the 131st, Harper of the 88th, Post 2, Smith of the 87th, Westmoreland of the 86th and others:
A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for lifetime honorary hunting and fishing licenses for certain military veterans; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1587. By Representatives Boggs of the 145th and Keen of the 146th:
A BILL to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to prohibit the operation of a motor vehicle by any person while under the influence of marijuana; to provide that the legal entitlement to use a drug shall not constitute a defense to the charge of operating a motor vehicle while under the influence of such drug; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1589. By Representatives Hill of the 81st, Jordan of the 83rd, Heckstall of the 48th, Post 3, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4 and others:
A BILL to provide that the governing authority of Clayton County shall hold a nonbinding referendum asking the electors whether law enforcement

TUESDAY, FEBRUARY 24, 2004

1185

services should be consolidated under the office of the sheriff; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1590. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1591. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1592. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1593. By Representatives Hines of the 35th, Jordan of the 83rd and Chambers of the 53rd:

1186

JOURNAL OF THE HOUSE
A BILL to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to require the establishment of a uniform grading system for use in the public schools of this state; and for other purposes.

Referred to the Committee on Education.

HB 1594. By Representatives Mitchell of the 61st, Post 3, Henson of the 55th and Watson of the 60th, Post 2:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and disclosure of exempting authority, so as to exempt certain records or information contained in records from the requirements of public disclosure; and for other purposes.

Referred to the Committee on Judiciary.

HB 1595. By Representatives Bordeaux of the 125th, Parrish of the 102nd and Campbell of the 39th:
A BILL to amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Georgia Civil Practice Act, so as to require that a civil case or domestic relations filing information form be filed with a complaint; to require that a civil case or domestic relations final disposition form be filed with a judgment; and for other purposes.

Referred to the Committee on Judiciary.

HB 1596. By Representatives Bordeaux of the 125th and Porter of the 119th:
A BILL to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that agents, subagents, and brokers shall be prohibited from entering into agreements with purchasers or holders of malpractice insurance that restrict such purchasers or holders from using another agent, subagent, or broker to purchase or renew a malpractice

TUESDAY, FEBRUARY 24, 2004

1187

insurance policy; to provide remedies and penalties for such agreements; and for other purposes.

Referred to the Committee on Insurance.

HB 1597. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Boggs of the 145th, Morris of the 120th, Watson of the 60th, Post 2 and others:
A BILL to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; and for other purposes.

2/23/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1597. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 129, Post 2

Referred to the Committee on Health & Human Services.

HB 1598. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th and Barnes of the 84th, Post 2:
A BILL to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to provide that counties and municipalities that require permits for the installation, replacement, or improvement of heating, ventilation, air conditioning, plumbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for

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certain alternative means of paying any fees associated with the issuance of such permits; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1599. By Representative Lane of the 101st:
A BILL to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1600. By Representatives White of the 3rd, Post 2, Ralston of the 6th, Forster of the 3rd, Post 1, Powell of the 23rd and Hill of the 81st:
A BILL to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings, suspension of sentences, payment of fines and costs, probation fees and transferal of probation supervision, so as to increase probation supervision fees; to provide for fees for transferal of probation supervision; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1601. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Ware County shall be nonpartisan elections; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1602. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:

TUESDAY, FEBRUARY 24, 2004

1189

A BILL to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1603. By Representative Hudson of the 95th:
A BILL to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1401. By Representatives Lane of the 101st, Royal of the 140th, Parrish of the 102nd, Greene of the 134th and Morris of the 120th:
A RESOLUTION urging the Board of Natural Resources to adopt state-wide, uniform open season dates for dove hunting throughout this state; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HR 1402. By Representative Lane of the 101st:
A RESOLUTION ratifying a change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

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HB 1612. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

2/24/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1612. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1614. By Representatives Holmes of the 48th, Post 1, Reece of the 11th, Hugley of the 113th, Bruce of the 45th, Fludd of the 48th, Post 4 and others:
A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; and for other purposes.

2/24/2004 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

TUESDAY, FEBRUARY 24, 2004

1191

notice of a motion to engross HB 1614. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Holmes District 48, Post 1

Referred to the Committee on Education.

HB 1615. By Representatives McCall of the 78th, Hanner of the 133rd, Powell of the 23rd, Smith of the 87th, Royal of the 140th and others:
A BILL to regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1616. By Representatives Forster of the 3rd, Post 1, Royal of the 140th, Rogers of the 15th, Jenkins of the 93rd, Buck of the 112th and others:
A BILL to amend Code Section 28-11-5 of the Official Code of Georgia Annotated, relating to the Georgia General Assembly Training Institute, so as to change the location of the Biennial Institute for Georgia Legislators for 2004 only; and for other purposes.

Referred to the Committee on Rules.

HR 1404. By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes.

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2/24/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1404. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Day District 126

Referred to the Committee on Transportation.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 1566 HB 1567 HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HB 1573 HB 1574 HB 1575 HB 1576

HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582 HB 1583 HB 1584 HB 1588 SB 522

Pursuant to Rule 52, Representative Dodson of the 84th, Post 1 moved that the following Bill of the House be engrossed:

HB 1576. By Representatives Dodson of the 84th, Post 1, Childers of the 13th, Post 1, Parsons of the 29th and Watson of the 60th, Post 2:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, FEBRUARY 24, 2004

N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce
Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

N Day Dean
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
Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick
Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner N Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson
Hill, C

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston N Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham N Manning Marin N Martin N Massey N Maxwell Y McBee E McCall E McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S 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

On the motion the ayes were 92, nays 62. The motion prevailed.

1193
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 E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan E Thomas, A.M Y Thompson Y Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1578. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:

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A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Harrell of the 54th moved that the following Bill of the House be engrossed:

HB 1581. By Representatives Harrell of the 54th and Dooley of the 33rd, Post 3:

A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2007; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D

N Day Dean
Y Deloach Y Dix
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

E Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B
Smith, L Smith, P Y Smith, T N Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Stokes Stoner Y Teilhet N Teper Y Thomas Morgan E Thomas, A.M

Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

TUESDAY, FEBRUARY 24, 2004

Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner
Harbin Harper Y Harrell N Heard, J Y Heard, K N Heath Heckstall N Hembree Y Henson Hill, C

Y Lord Lucas
N Lunsford Y Maddox Y Mangham N Manning
Marin N Martin N Massey N Maxwell Y McBee E McCall E McClinton
Millar N Mills

Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott
Shaw N Sheldon

On the motion the ayes were 88, nays 58. The motion was lost.

1195
Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E
Williams, R Y Wix N Yates
Coleman, Speaker

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.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1576 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:

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Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1258 Do Pass, by Substitute HB 1522 Do Pass HB 1555 Do Pass, as Amended

Respectfully submitted, /s/ Channell of the 77th
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 1178 Do Pass HR 1319 Do Pass HR 1345 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 24, 2004

Mr. Speaker and Members of the House:

TUESDAY, FEBRUARY 24, 2004

1197

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 940

Mayor George Merron Peters Memorial Highway; designate

DEBATE CALENDAR

HB 1026 HB 1069 HB 1158 HB 1162 HB 1229 HB 1268
HB 1282 HB 1358 HB 1390 HB 1437 HR 1308

Public officers and employees; certain property and records; preservation Freedom of speech and right to petition; certain actionable acts Ignition interlock devices; limited driving permits Ignition Interlock Device Providers Act; enact Cruelty to children; second degree; nonmerger provision Traffic control signal monitoring devices; prohibit recording image of driver Taxes; tobacco products; licensure, definitions, penalties Public records disclosure; minors; redact identifying information Veterans' homes; executive directors; appointment State and local tax revision; uniform sales and use tax administration Atlanta Regional Commission; certain counties; ratify partial incorporation

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 493. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for the filling of vacancies on the Liberty County Hospital Authority; to provide for the manner of nomination

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JOURNAL OF THE HOUSE

and appointment of persons to fill unexpired or full terms; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1209. By Representatives Floyd of the 132nd and James of the 114th:
A BILL to amend an Act creating the Board of Commissioners of Dooly County, so as to create the office of county administrator; to provide for the powers, duties, and authority of the county administrator; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 578. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and others:
A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes.
SR 674. By Senators Kemp of the 46th, Hamrick of the 30th, Hill of the 4th and Williams of the 19th:
A RESOLUTION creating the Improvement of Georgias Pre-K Program Joint Study Commission; and for other purposes.
SR 682. By Senators Fort of the 39th, Harbison of the 15th, Hall of the 22nd, Thomas of the 10th, Brown of the 26th and others:
A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.
HR 1400. By Representatives Skipper of the 116th and Orrock of the 51st:
A RESOLUTION relative to adjournment; and for other purposes.

By unanimous consent, the following Bill and Resolutions of the Senate were read the first time and referred to the Committees:

SB 493. By Senators Kemp of the 3rd and Johnson of the 1st:

TUESDAY, FEBRUARY 24, 2004

1199

A BILL to be entitled an Act to provide for the filling of vacancies on the Liberty County Hospital Authority; to provide for the manner of nomination and appointment of persons to fill unexpired or full terms; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SR 578. By Senators Unterman of the 45th, Reed of the 35th, Johnson of the 1st, Stephens of the 51st, Balfour of the 9th and others:
A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes.

Referred to the Committee on Education.

SR 674. By Senators Kemp of the 46th, Hamrick of the 30th, Hill of the 4th and Williams of the 19th:
A RESOLUTION creating the Improvement of Georgias Pre-K Program Joint Study Commission; and for other purposes.

Referred to the Committee on Education.

SR 682. By Senators Fort of the 39th, Harbison of the 15th, Hall of the 22nd, Thomas of the 10th, Brown of the 26th and others:
A RESOLUTION creating the Henry McNeal Turner Tribute Commission and authorizing the placement of a statue on the grounds of the state capitol building; and for other purposes.

Referred to the Committee on Rules.

Representative Hines of the 35th arose to a point of personal privilege and addressed the House.

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Representative Ashe of the 42nd, Post 2 arose to a point of personal privilege and addressed the House.

Representative Burkhalter of the 36th arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Representative Rice of the 64th arose to a point of personal privilege and addressed the House.

Representative Channell of the 77th 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.

Representative Williams of the 61st, Post 2 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.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1178. By Representatives Porter of the 119th, Coleman of the 118th, Smyre of the 111th, Buck of the 112th, Skipper of the 116th and others:
A RESOLUTION commending The Garden Club of Georgia, Inc., and its state-wide membership and inviting Jaydee Ager, president, to appear before the House of Representatives; and for other purposes.

TUESDAY, FEBRUARY 24, 2004

1201

HR 1319. By Representatives Butler of the 88th, Post 1, Harper of the 88th, Post 2, Smith of the 87th and Westmoreland of the 86th:
A RESOLUTION commending the Carrollton High School Competitive Cheerleading Squad and its coaches on their Class AAA State Championship and inviting the team and its coaches to appear before the House of Representatives; and for other purposes.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House Substitute to SB 157 by deleting "to provide for an oversight committee; from line 11 of page 1.
By inserting "to provide for severability;" following "military;" on line 16 of page 1.
By striking lines 23 and 24 on page 1 and inserting in place thereof the following: "'(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision of law. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-1123 or any other provision of law.'"

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JOURNAL OF THE HOUSE

By adding "or" at the end of line 3 of page 4, by deleting "or" at the end of line 5 of page 4, and by substituting the following for lines 11 through 20 on page 4:
"(3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or"
By deleting lines 32 through 37 on page 5.
By deleting the quotation marks at the end of line 29 of page 8 and adding the following between lines 29 and 30 of page 8:
"16-17-10. If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance.'"

Representative Floyd of the 132nd moved that the House agree to the Senate amendment to the House substitute to SB 157.

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 N Benfield Y Birdsong Y 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 N Bunn Y Burkhalter N Burmeister

Y Day Y Dean N Deloach Y Dix Y Dodson N Dollar N Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming N 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

E Hill, C.A N Hill, V N Hines Y Holmes Y Houston N Howard N Howell N Hudson Y Hugley Y Jackson Y James N Jamieson Y Jenkins, C Y Jenkins, C.F N Jones N Jordan N Joyce Y Keen N Knox N Lane N Lewis Y Lord E Lucas N Lunsford N Maddox

N Mitchell Y Mobley N Moraitakis Y Morris Y Mosby N Mosley N Murphy, J N Murphy, Q
Noel Y Oliver, B N Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell Y Ralston N Randall
Ray N Reece, B Y Reece, S N Rice

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 E Stanley-Turner N Stephens, E N Stephens, R Y Stephenson
Stokes Y Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L N Walker, R.L N Warren

N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

TUESDAY, FEBRUARY 24, 2004

Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree N Henson N Hill, C

Y Mangham N Manning N Marin N Martin N Massey N Maxwell Y McBee
McCall E McClinton
Millar Y Mills

N Richardson Y Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott Y Shaw N Sheldon

On the motion the ayes were 78, nays 92. The motion was lost. The House has disagreed.

1203
N Watson Y Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E Y Williams, R Y Wix N Yates Y 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 1390. By Representatives Birdsong of the 104th, Warren of the 99th, Elrod of the 25th, Heath of the 18th, Roberts of the 135th and others:
A BILL to amend Code Section 38-4-2 of the Official Code of Georgia Annotated, relating to the powers of the Department of Veterans Service and the Veterans Service Board and the appointment of the administrator and director of the Georgia War Veterans Nursing Homes, so as to change the method of appointment of the executive directors of the veterans' homes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P

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Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Smith, T Y Smith, V
Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 171, 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.

HB 1158. By Representatives Powell of the 23rd, Purcell of the 122nd and Reece of the 21st:
A BILL to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; and for other purposes.

TUESDAY, FEBRUARY 24, 2004

1205

The report of the Committee, which was favorable to the 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 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 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

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell 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 E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Williams of the 61st, Post 2 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as 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; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by redesignating subsection (e) of Code Section 45-11-1, relating to offenses involving public records, documents, and other items, as subsection (f) and by inserting a new subsection (e) to read as follows:
"(e) Upon presentation of affirmative proof, the Secretary of State or his or her designee may initiate action through the Attorney General or other appropriate jurisdiction to prevent the sale, transfer, conveyance, destruction, or alienation of any records, books, documents, or other office property which has been unlawfully removed from any public office or public officer or employee. Upon request of the Secretary of State or his or her designee, the Attorney General or other appropriate jurisdiction shall have the authority to enjoin, recover, and replevin such records, books, documents, or other office property."
SECTION 2. Said title is further amended by striking Code Section 45-13-46, relating to surrender of

TUESDAY, FEBRUARY 24, 2004

1207

materials to division for preservation and preparation of certified copies, and inserting in its place the following:
"45-13-46. (a) Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds, and certified by the Director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office, shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer. The Secretary of State shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, which certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged. (b) Personal and official records and papers of the Lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of this subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimum archival and public access standards promulgated by the Division of Archives and History. (c) As used in this Code section, the term 'constitutional officer' means any officer enumerated in Article V, Section I, Paragraph I, Article V, Section I, Paragraph III, and Article V, Section III, Paragraph I 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 roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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Y 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
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

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 Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, FEBRUARY 24, 2004 AFTERNOON SESSION

1209

The Speaker called the House to order.

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 1620. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Henson of the 55th, Orrock of the 51st and Manning of the 32nd:
A BILL to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide standards for the number of women's and men's toilets in certain state, county, or city owned buildings and facilities; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1358. By Representatives Martin of the 37th, Boggs of the 145th, Walker of the 115th, Campbell of the 39th, Burkhalter of the 36th and others:
A BILL to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, so as to provide an exemption for certain records including identifying information for minors; to provide for disclosure of records with such information redacted; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Coan Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Dukes Y Ehrhart Y Elrod E 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 Henson Y Hill, C

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis
Morris 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 Ralston Y Randall Ray Reece, B Y Reece, S Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Sheldon

Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T
Smith, V Smyre Y Snow E Stanley-Turner Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1282. By Representatives Epps of the 90th and Crawford of the 91st:
A BILL to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; and for other purposes.

TUESDAY, FEBRUARY 24, 2004

1211

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
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 E Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Dollar
Y Dooley Y Douglas
Drenner Dukes Y Ehrhart Y Elrod E Epps Y Fleming 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 Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Henson Y Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby 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 Y Porter Y Powell Y Purcell Ralston Y Randall Ray Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N 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
Smith, V Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 144, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1268. By Representatives Snow of the 1st, Parham of the 94th, Reece of the 11th, Graves of the 106th and Amerson of the 9th:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use of traffic-control signal monitoring devices, so as to prohibit a device from producing a recorded image of the driver of a vehicle; and for other purposes.

The following amendments were read and adopted:

Representatives Ehrhart of the 28th and Burkhalter of the 36th move to amend HB 1268 as follows:
On line 10
add "never" after shall
strike "only".

Representative Walker of the 115th moves to amend HB 1268 as follows: By adding after the word "device" on line 10 the following: "or a toll road monitoring device".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black
Boggs N Bordeaux Y Borders Y Bridges

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F

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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T
Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R

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 E Casas Y Chambers Y Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, FEBRUARY 24, 2004

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 N Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall E McClinton
Millar Y Mills

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 N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

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Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 155, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1162. By Representatives Powell of the 23rd, Parham of the 94th and Reece of the 21st:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for operators of provider centers; to provide for a misdemeanor offense; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for licensing of ignition interlock device provider centers; to provide a short title; to provide for definitions; to provide for certain requirements for

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JOURNAL OF THE HOUSE

operators of provider centers; to provide for a misdemeanor offense; to provide for rules and standards to be set by the 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by inserting a new chapter to read as follows:
"CHAPTER 12A
43-12A-1. This chapter shall be known and may be cited as the 'Ignition Interlock Device Providers Act.'
43-12A-2. As used in this chapter, the term:
(1) 'Department' means the Department of Motor Vehicle Safety acting directly or through its duly authorized officers and agents. (2) 'Ignition interlock device' means a constant monitoring device certified by the commissioner of motor vehicle safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (3) 'Provider center' means a facility established for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court.
43-12A-3. No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices unless a license therefor has been secured from the department.
43-12A-4. (a) Every person who desires to operate a provider center shall meet the following requirements:
(1) Maintain an established place of business in the state which is open to the public; (2) Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner of Insurance to write policies in the state.

TUESDAY, FEBRUARY 24, 2004

1215

Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department; and such certificate shall stipulate that the insurance shall not be canceled except upon ten days prior written notice to the department; (3) Provide a continuous surety bond in the principal sum of $10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (4) Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices as prescribed by the department; and (5) Pay to the department an application fee of $250.00. (b) The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints. (c) No applicant shall be licensed or certified who does not meet the requirements set forth in Code Section 43-12A-6.
43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center.
43-12A-6. Every person who desires to operate a provider center or to engage in the practice of

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providing, installing, or monitoring ignition interlock devices: (1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (2) Shall not have been convicted of a second or subsequent violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained; (3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or 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 mean any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; and (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime.
43-12A-7. (a) The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operators license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed.

TUESDAY, FEBRUARY 24, 2004

1217

43-12A-8. The department may cancel, suspend, revoke, or refuse to renew any provider centers license upon good cause being shown and after ten days notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a drivers license or permit; (3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The drivers license of the licensee has been canceled, suspended, or revoked.
43-12A-9. (a) The commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner of the department shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this

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Code section shall be paid into the state treasury. The commissioner may file in the superior court:
(1) Wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) In the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter."
SECTION 2. This Act shall become effective October 1, 2004.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

Y Day Dean Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen

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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

Y Bruce Y Buck Y Buckner, D Y Buckner, G E 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, FEBRUARY 24, 2004

N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y 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

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Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1437. By Representatives Royal of the 140th, O`Neal of the 117th, Buck of the 112th, Richardson of the 26th, Skipper of the 116th and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the State and Local Tax Revision Act of 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide for applicability; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue; and for other purposes.

The report of the Committee, which was favorable to the 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 Day Dean

E Hill, C.A Y Hill, V

Y Mitchell Y Mobley

Y Sholar Y Sims

1220

JOURNAL OF THE HOUSE

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 E 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 Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps
Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
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 Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen
Knox Y Lane Y Lewis Y Lord E Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1069. By Representatives Oliver of the 56th, Post 2 and Benfield of the 56th, Post 1:
A BILL to amend Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, so as to further describe certain actionable acts; and for other purposes.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 24, 2004

1221

A BILL
To amend Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, so as further describe certain actionable acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-11.1 of the Official Code of Georgia Annotated, relating to exercise of rights of freedom of speech and right to petition government for redress of grievances, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) For any claim asserted against a person or entity arising from an a communicative or noncommunicative act by that person or entity which could reasonably be construed as an act in furtherance of promoting and advancing the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, both the party asserting the claim and the partys attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record, if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a persons or entitys right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorneys fee."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1222

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:

N 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 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 E Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart Y Elrod E 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
Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan Y Joyce N Keen N Knox Y Lane N Lewis Y Lord E Lucas
Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall E McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal
Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre Y Snow E Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 114, nays 49.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, FEBRUARY 24, 2004

1223

Representative Lucas of the 105th was excused on the proceeding roll call, but wished to be recorded as voting "aye" thereon.

HB 1229. By Representatives Barnes of the 84th, Post 2, Buckner of the 82nd, Dodson of the 84th, Post 1, Orrock of the 51st and Wix of the 33rd, Post 1:
A BILL to amend Code Section 16-5-70 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to add a nonmerger provision for the offense of cruelty to children in the second degree; and for other purposes.

The report of the Committee, which was favorable to the 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 N Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G E Bunn Y Burkhalter Y Burmeister
Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath

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, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders

Y 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 E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

1224
Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Heckstall Y Hembree Y Henson N Hill, C

Y McCall E McClinton Y Millar Y Mills

Y Sailor Y Scott Y Shaw Y Sheldon

Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 157, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HR 1308. By Representatives Barnes of the 84th, Post 2, Stokes of the 72nd, Howell of the 92nd, Jones of the 38th, Sheldon of the 71st, Post 2 and others:
A RESOLUTION ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G E Bunn Y Burkhalter Y Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E 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

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

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 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 E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson N Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren

Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, FEBRUARY 24, 2004

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 Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

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

1225
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 165, nays 2. The Resolution, having received the requisite constitutional majority, was 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.

Representative Stokes of the 72nd stated that he inadvertently voted "nay" on the preceeding roll call. He wished to be recorded as voting "aye" thereon.

HR 940. By Representatives Douglas of the 73rd, Stokes of the 72nd, Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the Mayor George Merron Peters Memorial Highway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L
Smith, P Y Smith, T Y Smith, V

1226
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 E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 E McClinton Y Millar Y Mills

Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Smyre Y Snow E Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner
Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 162, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Noel of the 44th 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 TUESDAY, FEBRUARY 24, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this February 24, 2004, by adding the following:

TUESDAY, FEBRUARY 24, 2004

1227

HR 1345 Rules of House; add Rule 121.1
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 Resolution of the House was taken up for consideration and read the third time:

HR 1345. By Representatives Hugley of the 113th, Skipper of the 116th, Smyre of the 111th and Oliver of the 56th, Post 2:
A RESOLUTION amending the Rules of the House of Representatives; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
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 Deloach
Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin
Gardner Y Golick

E Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis

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 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 E Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M

1228
Y Buckner, G E 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

JOURNAL OF THE HOUSE

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 Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall E McClinton Y Millar Y Mills

Y 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 Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 838 having been previously postponed, was again postponed until the next legislative day.

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 1346 Do Pass

Respectfully submitted,

TUESDAY, FEBRUARY 24, 2004
/s/ Holmes of the 48th, Post 1 Chairman

1229

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1094 Do Pass HB 1263 Do Pass, by Substitute HB 1348 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1373 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

1230

JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1416 Do Pass HB 1445 Do Pass HB 1446 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

WEDNESDAY, FEBRUARY 25, 2004 Representative Hall, Atlanta, Georgia
Wednesday, February 25, 2004

1231

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. Robin L. Lindsey, Senior Pastor, McEachern Memorial Methodist Church, Powder Springs, 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.

1232

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 1604. By Representative Borders of the 142nd:
A BILL to provide a new charter for the City of Remerton; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1605. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Stephens of the 123rd, Day of the 126th and others:
A BILL to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to lengthen the time in which a taxpayer may file a claim for refund of overpaid taxes; and for other purposes.

2/24/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1605. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Bordeaux District 125

Referred to the Committee on Ways & Means.

HB 1606. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Reece of the 21st, Amerson of the 9th and Rogers of the 20th:
A BILL to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain

WEDNESDAY, FEBRUARY 25, 2004

1233

residents of that school district who are senior citizens, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1607. By Representatives Stephenson of the 60th, Post 1, Bordeaux of the 125th, Mobley of the 58th, Mangham of the 62nd, Stokes of the 72nd and others:
A BILL to amend Code Section 20-3-386 of the Official Code of Georgia Annotated, relating to the distribution of education loan repayment assistance for public interest lawyers, so as to remove the six-month waiting period; to remove the 18 month requirement of services; to provide for a 24 month requirement of services; and for other purposes.

Referred to the Committee on Higher Education.

HB 1608. By Representatives Birdsong of the 104th, Warren of the 99th, Heath of the 18th, Douglas of the 73rd, Roberts of the 135th and others:
A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that the Department of Veterans Service may certify to a disability; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

HB 1609. By Representatives Skipper of the 116th, Hanner of the 133rd, Porter of the 119th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and others:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to authorize the display of the Ten Commandments of Jewish tradition as a part of a display of historical documents in public offices and schools; and for other purposes.

1234

JOURNAL OF THE HOUSE

Referred to the Committee on Rules.

HB 1610. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to amend certain provisions relating to the immunity of the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1611. By Representative Skipper of the 116th:
A BILL to amend an act creating the board of commissioners of Marion County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1613. By Representatives White of the 3rd, Post 2, Forster of the 3rd, Post 1, Rogers of the 15th and Williams of the 4th:
A BILL to amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating to the operation and membership of school councils, so as to provide school districts the option of including two student members on the council; and for other purposes.

Referred to the Committee on Education.

HB 1617. By Representatives Moraitakis of the 42nd, Post 4, Thomas of the 43rd, Post 1, Ashe of the 42nd, Post 2 and Willard of the 40th:
A BILL to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to provide for additional qualifications of a notary; to change certain provisions relating to the notary's

WEDNESDAY, FEBRUARY 25, 2004

1235

application; to change certain provisions relating to fees of notaries; to change certain provisions relating to a notary's obligation to advise the clerk of superior court of certain changes in personal information; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to superior court fees, so as to change the fee for issuing certificates of appointment and reappointment to notaries public; and for other purposes.

Referred to the Committee on Judiciary.

HB 1618. By Representatives Howard of the 98th, Richardson of the 26th, Murphy of the 97th, Warren of the 99th, Parham of the 94th and others:
A BILL to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change certain provisions relating to damages; to provide for financial limitations with respect to certain damages; and for other purposes.

Referred to the Committee on Judiciary.

HB 1619. By Representative Morris of the 120th:
A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1621. By Representative McCall of the 78th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1622. By Representatives Mitchell of the 61st, Post 3, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Mobley of the 58th, Stephenson of the 60th, Post 1 and others:
A BILL to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," so as to change the term of office of the judge of said court to four years; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1623. By Representatives Martin of the 37th, Williams of the 128th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Snow of the 1st and others:
A BILL to amend Chapter 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, so as to require association and industrial insured captive insurance companies issuing workers' compensation insurance contracts to file certain matters with the Commissioner of Insurance; to provide that such companies obtain the approval of the Commissioner for certain rates and forms; to authorize and require the participation in the Georgia Insurers Insolvency Pool for association and industrial insured captive insurance companies issuing workers' compensation insurance contracts for workers' compensation only; and for other purposes.

Referred to the Committee on Insurance.

HB 1624. By Representative Smith of the 129th, Post 2:
A BILL to amend Code Section 36-70-3 of the Official Code of Georgia Annotated, relating to powers of municipalities and counties, so as to provide that local governing authorities may develop, establish, and implement land use regulations consistent with a comprehensive plan approved by the Department of Community Affairs; to amend Code Section 50-8-3 of the Official Code of Georgia Annotated, relating to the purpose of Article 1 of Chapter 8 of Title 50 and the duties of the Department of Community Affairs, so as to provide a state interest in the provision of housing to its citizens; and for other purposes.

WEDNESDAY, FEBRUARY 25, 2004 Referred to the Committee on State Planning & Community Affairs.

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HB 1625. By Representative Brown of the 89th:
A BILL to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to regulation of cable television systems, so as to require cable television systems to bury cable at least 12 inches below the surface; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1626. By Representatives Burkhalter of the 36th and Martin of the 37th:
A BILL to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific programs in elementary and secondary education, so as to provide that the State Board of Education shall develop a school interscholastic or intramural extracurricular athletic policy that provides for the use of a single, comprehensive, preparticipation physical examination form with an associated protocol as well as an education and awareness program for all student athletes, their parents or guardians, and school coaches and athletic trainers who are involved in interscholastic or intramural extracurricular sports; and for other purposes.

Referred to the Committee on Education.

HB 1627. By Representative Harrell of the 54th:
A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2007; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

Mr. Clerk:

2/24/2004

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1627. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Harrell District 54

Referred to the Committee on Health & Human Services.

HB 1628. By Representative Smith of the 129th, Post 2:
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 blueberry as Georgia's official state berry; and for other purposes.

2/24/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1628. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Smith District 129, Post 2

Referred to the Committee on Rules.

HR 1403. By Representatives White of the 3rd, Post 2, Massey of the 24th, Amerson of the 9th, Joyce of the 2nd, Mills of the 67th, Post 2 and others:
A RESOLUTION encouraging the display of the Ten Commandments and the acknowledgment of God by local governments and the State of Georgia; and for other purposes.

Referred to the Committee on Rules.

WEDNESDAY, FEBRUARY 25, 2004

1239

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1585 HB 1586 HB 1587 HB 1589 HB 1590 HB 1591 HB 1592 HB 1593 HB 1594 HB 1595 HB 1596 HB 1597 HB 1598 HB 1599 HB 1600

HB 1601 HB 1602 HB 1603 HB 1612 HB 1614 HB 1615 HB 1616 HB 1620 HR 1401 HR 1402 HR 1404 SB 493 SR 578 SR 674 SR 682

Pursuant to Rule 52, Representative Smith of the 129th, Post 2 moved that the following Bill of the House be engrossed:

HB 1597. By Representatives Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Boggs of the 145th, Morris of the 120th, Watson of the 60th, Post 2 and others:
A BILL to amend Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to parental notification, so as to define and eliminate certain terms; to require certain types of identification to be presented in order for a physician to perform an abortion; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

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HB 1612. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Holmes of the 48th, Post 1 moved that the following Bill of the House be engrossed:

HB 1614. By Representatives Holmes of the 48th, Post 1, Reece of the 11th, Hugley of the 113th, Bruce of the 45th, Fludd of the 48th, Post 4 and others:

A BILL to amend Code Section 20-2-285 of the Official Code of Georgia Annotated, relating to timetable for implementation of promotion policy, so as to delay the implementation of the Georgia Academic Placement and Promotion Policy for third graders for one year; to provide for testing policies and procedures for the 2003-2004 school year; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Anderson
Y Ashe Y Bannister N Barnard
Barnes Beasley-Teague E Benfield E Birdsong Y Black Boggs Y Bordeaux Y Borders Bridges N Brock Y Brooks

N Day Y Dean N Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas
Drenner Y Dukes N Ehrhart N Elrod E Epps N Fleming Y Floyd, H
Floyd, J

E 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
Jenkins, C Y Jenkins, C.F Y Jones
Jordan

Y Mitchell Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons

Y Sholar Sims
Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T
Smith, V Smyre N Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes

Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell E Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper E Crawford Y Cummings

WEDNESDAY, FEBRUARY 25, 2004

Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree
Henson N Hill, C

Joyce N Keen N Knox
Lane N Lewis
Lord Lucas N Lunsford Maddox Y Mangham N Manning Y Marin Martin N Massey N Maxwell Y McBee McCall Y McClinton N Millar N Mills

Y Porter Powell Purcell Ralston
Y Randall Ray
Y Reece, B Reece, S
N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 76, nays 61. The motion was lost.

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Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Williams, R Y Wix N Yates Coleman, Speaker

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.

Pursuant to Rule 52, Representative Amerson of the 9th moved that the following Resolution of the House be engrossed:

HR 1404. By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes.

The motion prevailed.

Representative Lane of the 101st District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:

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Your Committee on Game, Fish and Parks 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 1362 Do Pass, by Substitute HB 1558 Do Pass HR 1401 Do Pass

Respectfully submitted, /s/ Lane of the 101st
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1327 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 274 Do Pass, by Substitute HB 1383 Do Pass HB 1549 Do Pass

HB 1588 Do Pass, by Substitute HR 1322 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 25, 2004
Respectfully submitted, /s/ Parham of the 94th
Chairman

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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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1281 Do Pass, by Substitute HB 1326 Do Pass, by Substitute HR 1263 Do Pass, by Substitute

SR 651 Do Pass SR 652 Do Pass

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1569 Do Pass HB 1571 Do Pass HB 1572 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

HB 834
HB 1034 HB 1228
HB 1299
HB 1300 HB 1352 HB 1430 HB 1459

Ad valorem tax; motor vehicles; return in county where functionally located Employees' Retirement; disability benefits; maximum compensation Voting precincts; boundaries; gated community or planned unit development Juvenile justice reform; training programs; pretrial proceedings; indictment Utility contractors; licensing requirements; safety training Utility facilities protection; excavating and blasting; amend provisions Natural gas marketers; bills; late fees Sales and motor fuel taxes; dealers and distributors; amend provisions

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 1569. By Representative Cummings of the 19th:
A BILL to provide a new charter for the City of Rockmart; and for other purposes.

WEDNESDAY, FEBRUARY 25, 2004

1245

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 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1571. By Representative Elrod of the 25th:
A BILL to amend an Act creating the Nicholson Water Authority, so as to amend certain provisions relating to the appointment and compensation of members of the authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1572. By Representative Jenkins of the 8th:
A BILL to amend an Act reincorporating the City of Dillard, so as to change and extend 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 112, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the

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Senate and House:
SB 506. By Senators Balfour of the 9th, Moody of the 27th, Kemp of the 46th and Hall of the 22nd:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle at any point forward of the back of the drivers seat or that is visible to the driver while operating the motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 513. By Senators Balfour of the 9th, Price of the 56th, Hamrick of the 30th, Hall of the 22nd, Kemp of the 46th and others:
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, preventable diseases, and metabolic disorders, so as to provide for the 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 for violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 547. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, 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 provide an effective date; to repeal conflicting laws; and for other purposes.
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.

WEDNESDAY, FEBRUARY 25, 2004

1247

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 506. By Senators Balfour of the 9th, Moody of the 27th, Kemp of the 46th and Hall of the 22nd:
A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to prohibit the use and installation of television receivers, screens, or other means of visually receiving a television broadcast or a video signal that produces entertainment or business applications and that is located in the motor vehicle at any point forward of the back of the drivers seat or that is visible to the driver while operating the motor vehicle; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 513. By Senators Balfour of the 9th, Price of the 56th, Hamrick of the 30th, Hall of the 22nd, Kemp of the 46th and others:
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, preventable diseases, and metabolic disorders, so as to provide for the 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 for violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 547. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act to provide for the election of members to the Dade County board of education, approved February 6, 1984 (Ga. L. 1984, p. 3575), as amended, so as to revise the districts for the

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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 provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

Representative Massey of the 24th arose to a point of personal privilege and addressed the House.

Representative Jones of the 38th 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.

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 1459. By Representatives Borders of the 142nd, Jamieson of the 22nd, Porter of the 119th, Keen of the 146th, Williams of the 4th 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 compensation of dealers for reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 25, 2004

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E Benfield E Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper E Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y 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 Y Heckstall Y Hembree Y Henson Y Hill, C

E Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
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

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Y Sholar Sims 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 Morgan
Thomas, A.M Y Thompson 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.

HB 1430. By Representatives Sinkfield of the 50th, Lucas of the 105th, Reece of the 11th, Hugley of the 113th, Orrock of the 51st and others:
A BILL to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for

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natural gas before the application of late fees or penalties on a consumer; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings, price summary, billing, violations, and slamming, so as to provide for a specific period of time from the mailing or posting of a bill for natural gas before the application of late fees or penalties on a consumer; to change the maximum late fee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to the authority of the Public Service Commission regarding certificated marketers, access to books and records, investigations and hearings, price summary, billing, violations, and slamming, is amended by striking subsection (h) and inserting in lieu thereof the following:
"(h) A marketer shall render a bill to retail customers for services within 30 days of the date following the monthly meter reading. A marketers bill shall utilize the results of the actual meter reading subject to paragraph (8) of Code Section 46-4-158.2. The price for natural gas billed to a natural gas consumer shall not exceed the marketers published price effective at the beginning of the consumers billing cycle. A marketer shall allow the natural gas consumer a reasonable period of time at least 20 days, plus an eight-day grace period, to pay the bill from the date the consumer receives marketer mails or electronically posts the bill, prior to the application of any late fees or penalties. Marketers shall not impose unreasonable late fees or penalties and in no event shall any such fees or penalties exceed $10.00 or 1.5 percent of the past due balance, whichever is greater."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

WEDNESDAY, FEBRUARY 25, 2004

1251

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague E Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders N Bridges N Brock Y Brooks
Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell
Casas Chambers Y Channell Y Childers N Coan N Coleman, B Cooper E Crawford Cummings

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps N Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin
Gardner Y Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Hanner Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson 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 Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham Y 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 Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall E Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott
Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L Y Smith, P Y Smith, T
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 Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y 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 passage of the Bill, by substitute, the ayes were 101, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Cummings of the 19th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Representative Thomas of the 43rd, 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 1228. By Representatives Smith of the 87th, Powell of the 23rd, DeLoach of the 127th and Boggs of the 145th:
A BILL to amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, so as to authorize the use of the boundaries of a gated community or planned unit development as the boundaries of a precinct; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, so as to authorize the use of the boundaries of a gated community as the boundaries of a precinct; to require detail maps and certain other information to be maintained; 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 21-2-261.1 of the Official Code of Georgia Annotated, relating to boundary requirements for precincts, is amended by striking the Code section and inserting in lieu thereof a new Code Section 21-2-261.1 to read as follows:
"21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by:
(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1) (2) The boundaries of public parks; (1.2) (3) The boundaries of public school grounds; (1.3) (4) The boundaries of churches; or (2) (5) The boundaries of counties and incorporated municipalities; or

WEDNESDAY, FEBRUARY 25, 2004

1253

(6) The boundaries of a gated residential community. (b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office:
(1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) For precincts that use the boundaries of a gated residential community, a map clearly delineating the boundaries of the community and clearly depicting the streets contained within such community and a list of the streets within such community and the address ranges of such streets; and (6) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Smith of the 87th and Powell of the 23rd move to amend the Committee substitute to HB 1228 by inserting after "maintained;" on line 4 on page 1 "to require that such communities be open to the public on election days;" and by inserting after line 14 on page 2 the following:
"Said chapter is further amended by adding a new subsection (c) to Code Section 21-2266, relating to polling places, to read as follows:
'(c) When the boundaries of a gated residential community are used as the boundaries for a precinct and a polling place is established within such gated residential community for the use of the voters in such precinct, such gated community and polling

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place shall be open to full and complete access by the public when such polling place is in use on the day of a general or special primary or general or special election, including the time while poll officers are setting up the polling place prior to the opening of the polls, the time while the polls are open, and the time while the poll officers are completing the tabulation of the votes, election paperwork, and similar functions after the close of the polls. Such gated community and polling place shall also be open to full and complete access by the election superintendent, investigators of the State Election Board, all affected candidates and their representatives, and the public in the event of a recount or recanvass of the votes cast in any primary or election involving such precinct and polling place conducted at such precinct and polling place. In addition, in the event of a contest or challenge to the results of any primary or election involving such precinct and polling place, the election superintendent, upon reasonable notice and at reasonable times, may require such gated community and polling place to be open to full and complete access by the election superintendent, investigators of the State Election Board, and all affected candidates and their representatives for the purpose of determining the issues involved in such contest or challenge.'
SECTION 3."
By redesignating Section 3 as Section 4.

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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

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 Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley N Jackson E James Y Jamieson Y Jenkins, C Y Jenkins, C.F

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 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 N Stephens, E Y Stephens, R

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 Crawford Y Cummings

WEDNESDAY, FEBRUARY 25, 2004

Floyd, H Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Hill, C

Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox N Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee McCall Y McClinton Y Millar Y Mills

Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott
Shaw Y Sheldon

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N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson 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 154, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tem assumed the Chair.

HB 1352. By Representatives Wix of the 33rd, Post 1, Rogers of the 20th and Lucas of the 105th:
A BILL to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise procedures for the protection of utility facilities from damage from excavating and blasting; to define and redefine terms; to change provisions relating to utility owners' and operators' responsibilities with respect to locating and marking of facilities; and for other purposes.

Representative Buckner of the 82nd moved that HB 1352 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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Y Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague E Benfield N Birdsong N Black N Boggs N Bordeaux N Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce N Buck N Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper E Crawford N Cummings

Day N Dean
Deloach N Dix Y Dodson
Dollar N Dooley N Douglas
Drenner Y Dukes N Ehrhart Y Elrod N Epps N Fleming N Floyd, H
Floyd, J Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T N Greene Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J N 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 N Hugley Y Jackson E James Y Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord N Lucas N Lunsford
Maddox N Mangham Y Manning N Marin N Martin N Massey Y Maxwell
McBee N McCall
McClinton N Millar N Mills

N Mitchell N Mobley Y Moraitakis N Morris N Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B Y Oliver, M
O'Neal Y Orrock
Parham N Parrish E Parsons
Porter N Powell N Purcell N Ralston N Randall E Ray Y Reece, B N Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott N Shaw Y Sheldon

On the motion, the ayes were 31, nays 126. The motion failed.

Y Sholar Sims Sinkfield
N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson
Stokes N Stoner N Teilhet Y Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L N Walker, R.L N Warren N Watson N Westmoreland N White N Wilkinson N Willard N Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

Representative Manning of the 32nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

The following Committee substitute was read:

WEDNESDAY, FEBRUARY 25, 2004

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A BILL
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," so as to revise procedures for the protection of utility facilities from damage from excavating and blasting; to define and redefine terms; to change provisions relating to utility owners and operators responsibilities with respect to locating and marking of facilities; to authorize persons to act as locators on behalf of utility owners and operators; to change provisions relating to responsibilities of persons engaged in excavating or blasting; to eliminate provisions making certain governmental units exempt from civil penalties; to provide for establishment of a schedule of civil penalties for local governing authorities; 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 9 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Utility Facility Protection Act," is amended by striking Code Section 25-9-3, relating to definitions of terms used in said chapter, and inserting in its place a new Code section to read as follows:
"25-9-3. As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001. (2) 'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (3) 'Business days' means Monday through Friday, excluding the following holidays: New Years Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday. (4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days. (5) 'Commission' means the Public Service Commission. (6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (7) 'Damage' means any impact or exposure that results in the need to repair a utility facility due to the weakening or the partial or complete destruction of the facility

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including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, or facility. (8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes. (8.5) 'Designate' means to use an electromagnetic, magnetic, or other method to interpret the presence of a subsurface utility and to stake or mark, on the surface of the tract or parcel of land, the location of the utility facility. (9) 'Emergency' means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action. (10) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation. (11) 'Excavating' means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance. 'Excavating' shall not mean routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment, provided that such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage features ditches of a public road, street, or highway, and do not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth. 'Excavating' shall not include pavement milling or pavement repair carried out by road maintenance employees or contractors, not to exceed the depth of the existing pavement or 12 inches, whichever is less. (12) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section. (13) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God. (14) 'Facility owner or operator' means any person or entity, with the sole exception of homeowners, who owns, operates, or controls the operation of a utility facility, as defined in this Code section, for the purpose of commercial enterprise.

WEDNESDAY, FEBRUARY 25, 2004

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(14.1) 'Local governing authority' means a county, municipality, or local authority created by or pursuant to general, local, or special Act of the General Assembly or by the Constitution of the State of Georgia. The term also includes such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a county or municipality individually or jointly with other political subdivisions of this state. (15) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities is processed. (15.5) 'Locator' means a person who is acting on behalf of facility owners and operators by marking the location of the utility facilities of such owners and operators. A person acting as a locator must meet qualifications promulgated by Public Service Commission rules. The use of a locator who is acting on behalf of owners and operators does not eliminate the responsibilities of owners and operators to comply with the provisions of this chapter. Furthermore, when agents, as described under subsection (b) of Code Section 25-9-7, of facility owners or operators are the only parties performing the excavation, it shall be the facility owners or operators responsibility to comply with the provisions of this chapter. In this particular case, the requirement is to locate the facilities prior to the actual start of excavation when facility owners or operators are not required to mark their own facilities within 48 hours. (16) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating. (16.5) 'Minimally intrusive excavation methods' means methods of excavation that minimize the potential for damage to utility facilities. Examples include, but are not limited to, air entrainment/vacuum extraction systems and water jet/vacuum excavation systems operated by qualified personnel and careful hand tool usage and other methods as determined by the Public Service Commission. (17) 'Person' means an individual, firm, joint venture, partnership, association, municipality, state, or other governmental unit, authority, department, agency, or a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. (17.5) 'Positive response information system' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator. (18) 'Service area' means a contiguous area or territory which encompasses the distribution system or network of utility facilities by means of which a facility owner or operator provides utility service. (19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator. Reserved.

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(20) 'Tolerance zone' means the width of the utility facility plus 24 inches on either side of the outside edge of the utility facility on a horizontal plane. (21) 'Utilities protection center' or 'center' means the corporation or other organization formed by facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected facility owner or operator members. (22) 'Utility facility' means an underground or submerged conductor, pipe, or structure used in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowners residence. All utility facilities shall be considered to extend up to the connection to the customers facilities or the edge of the public right of way, whichever is farther. 'Utility facility' does not include traffic control devices or traffic management systems."
SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 25-9-4, relating to design locate requests, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) Within ten working days after a design locate request has been submitted to the utilities protection center for a proposed project, the facility owner or operator shall respond by one of the following methods:
(1) Designate or cause to be designated by a locator in accordance with Code Section 25-9-9 the location of all utility facilities within the area of the proposed excavation; (2) Provide to the person submitting the design locate request the best available description of all utility facilities in the area of proposed excavation, which might include drawings of utility facilities already built in the area, or other facility records that are maintained by the facility owner or operator; or (3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation. (c) Upon responding using any of the methods provided in subsection (b) of this Code section, the facility owner or operator shall provide the response to the utilities protection center in accordance with procedures developed by the center, which may include the use of the positive response information system."
SECTION 3. Said chapter is further amended by striking subsections (a) and (c) of Code Section 25-96, relating to prerequisites to blasting or excavating and marking of sites, and inserting in their respective places new subsections (a) and (c) to read as follows:

WEDNESDAY, FEBRUARY 25, 2004

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"(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours notice by submitting a locate request to the utilities protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days. Such notice shall not be required for excavating where minimally intrusive excavation methods are used exclusively. Any locate request received by the utilities protection center after business hours shall be deemed to have been received by the utilities protection center the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator owners or operators or locators to ascertain the precise tract or parcel of land involved; (2) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (3) Describe the type of blasting or excavating to be engaged in by the person; and (4) Designate the date upon which the blasting or excavating will commence." "(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid. For emergencies, notice shall expire within three business days beginning at 7:00 A.M. the day after the notification is made to the utilities protection center."
SECTION 4. Said chapter is further amended by striking Code Section 25-9-7, relating to requirements imposed on utilities facility owners and operators, and inserting in its place a new Code section to read as follows:
"25-9-7. (a) Within 48 hours beginning the next business day after the business day following receipt by the utilities protection center of the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each facility owner or operator shall determine whether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator or locator shall designate, through stakes or other marks on the surface of the tract or parcel of land, the location of utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection

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(c) of this Code section. Such designation of the location of utility facilities through staking or marking shall be in accordance with the American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated. Additional marking requirements, if any, beyond color code and requirements prescribed by rules of the Public Service Commission will be in accordance with the policies of the utilities protection center. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. In the case of locate requests for large excavating projects, the advisory committee provided for in subsection (f) of Code Section 25-9-13 shall be authorized to develop for Public Service Commission approval a process for locating large excavating projects, which process, if agreed to in writing by both the excavator and the facility owner or operator or locator, may replace the requirement to locate all facilities within 48 hours. (b) A facility owner or operator is not required to mark its own facilities within 48 hours if the facility owner or operator or its agents are the only parties performing the excavation. In this particular case, the requirement is to locate the facilities prior to the actual start of excavation. (b)(c) Each facility owner or operator, either upon determining that no utility facility is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities on the tract or parcel of land as required by subsection (a) of this Code section, shall provide this information to the utilities protection center in accordance with procedures developed by the utilities protection center, and which may include the use of the Ticket Information Exchange System positive response information system. The facility owner or operator or its designated locator may provide such notice. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6. This notice is required for normal requests but not for emergency requests. (c)(d) In the event the facility owner or operator or locator is unable to designate the location of the utility facilities due to extraordinary circumstances, the facility owner or operator or locator shall notify the utilities protection center and provide an estimated completion date in accordance with procedures developed by the utilities protection center, which may include the use of the Ticket Information Exchange System positive response information system. (d)(e) If, at the end of the time period specified in subsection (a) of this Code section, any facility owner or operator or its locator has not complied with the requirements of subsections (a) and (b)(c) of this Code section, the utilities protection center shall issue a second request to each such facility owner or operator. If the facility owner or operator or its locator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center in accordance with procedures developed by the utilities protection center that no utility facilities are present on the tract or parcel of land, or by designating or causing to be designated the location of such utility facilities, then the person providing notice pursuant to Code

WEDNESDAY, FEBRUARY 25, 2004

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Section 25-9-6 may proceed with the excavating or blasting, provided that there is no visible and obvious evidence of the presence of an unmarked utility facility on the tract or parcel of land. If visible and obvious evidence does exist and the facility owner or operator either refuses to locate its facilities or is not a member of the utilities protection center, then the person must attempt to locate those visible and obvious facilities prior to excavating. Additionally, the facility owner or operator shall be liable for the actual locating costs associated with the excavator having to fulfill the facility owner or operators duties under this chapter. Such person shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8. (e)(f) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators. (f)(g) Facility owners or operators shall either maintain in a data base information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities shall be treated as live utility facilities."
SECTION 5. Said chapter is further amended by striking Code Section 25-9-9, relating to damages and liabilities, and inserting in its place a new Code section to read as follows:
"25-9-9. (a) For the purposes of this chapter, information concerning the location of utility facilities which is provided by a facility owner or operator or locator to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any utility facility becomes damaged by an excavator due to the furnishing of inaccurate information as to its location by the facility owner or operator or locator, such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided that such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility. (b) Upon documented evidence that the person seeking information as to the location of utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the facility owners or operators or locators, the such facility owners or operators shall be liable to that person for any such losses or expenses."

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SECTION 6. Said chapter is further amended by striking Code Section 25-9-12, relating to emergencies and extraordinary circumstances, and inserting in its place a new Code section to read as follows:
"25-9-12. The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities; provided, further, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given. For emergencies notice shall expire within three business days beginning at 7:00 A.M. the day after the notification is made to the utilities protection center."
SECTION 7. Said chapter is further amended by striking subsections (f) and (g) of Code Section 25-913, relating to penalties and enforcement, and inserting in their place new subsections (f) and (g) to read as follows:
"(f)(1) The commission shall create an advisory committee consisting of representatives of the following groups and agencies: facility owners or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governors Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairpersons representative shall also serve on the advisory committee. Persons appointed to the advisory committee shall have expertise with the subject matter encompassed by the provisions of this chapter. (2) The advisory committee shall assist the commission in the enforcement of this chapter, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter. (3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.

WEDNESDAY, FEBRUARY 25, 2004

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(g) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on any local governing authority or state agency prior to January 1, 2005. By January 1, 2005, the commission shall establish by rule a schedule of civil penalties to apply to local governing authorities. Such schedule of civil penalties shall be structured to take into account the size of the county or municipality, the number of utility customers, the gross receipts of the utility system, and the threat to its citizens due to the presence of underground natural gas or electric utilities. The schedule of civil penalties for local governing authorities shall also provide that training be permitted in lieu of fines for first-time violators unless the violation is egregious as defined by the commission. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Wix of the 33rd, Post 1 moves to amend the Committee substitute to HB 1352 by striking line 16 of page 3 and inserting in lieu thereof the following:
"in this Code section, for the purpose of commercial enterprise. A utility contractor that installs a utility facility shall not be deemed to be a facility owner or operator."

The Committee substitute, as amended, was adopted.

Pursuant to Rule 134, Representative Sims of the 130th was excused from voting on HB 1352.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock N Brooks N Broome Y Brown Y Bruce Y Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper E Crawford N Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas
Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming N Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson E James N Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning N Marin Y Martin N Massey N Maxwell Y McBee
McCall Y McClinton Y Millar N Mills

Y Mitchell Y Mobley N Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M Y O'Neal
Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S 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 N Sheldon

N Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan N Thomas, A.M
Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

WEDNESDAY, FEBRUARY 25, 2004

1267

Representative Massey of the 24th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

HB 1300. By Representatives Powell of the 23rd, Boggs of the 145th, Burmeister of the 96th and DeLoach of the 127th:
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 prohibit persons from contracting with any other person to perform utility contracting work unless such other person is properly licensed; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E 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 Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart
Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson E James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall

Y 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 Morgan Y Thomas, A.M

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Y Buckner, G N Bunn Y Burkhalter Y Burmeister
Butler Y Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper E Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

E 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 Sailor Y Scott Y Shaw N Sheldon

Y Thompson 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 Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 149, nays 16. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the 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 E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson E James Y Jamieson Y Jenkins, C

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 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 Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper E Crawford Y Cummings

WEDNESDAY, FEBRUARY 25, 2004

Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C.F 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
Millar Y Mills

Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1299. By Representatives Bruce of the 45th, Willard of the 40th, Walker of the 115th, Thomas Morgan of the 33rd, Post 2, Stokes of the 72nd and others:
A BILL to amend Chapter 18 of Title 15 and Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating respectively to prosecuting attorneys and pretrial proceedings, so as to provide for juvenile justice reforms; to provide training programs for prosecuting attorneys; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend Chapter 18 of Title 15 and Chapter 7 of Title 17 of the Official Code of

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JOURNAL OF THE HOUSE

Georgia Annotated, relating respectively to prosecuting attorneys and pretrial proceedings, so as to provide for juvenile justice reforms; to provide training programs for prosecuting attorneys representing the state in delinquency cases under certain circumstances; to provide for certain facilities that are detaining certain children to notify certain officials of the detention; to provide for procedures related to jurisdiction and indictment for children charged with crimes within the jurisdiction of superior courts; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by adding a new subsection to Code Section 15-18-45, relating to the Prosecuting Attorneys Councils authorization to conduct or approve training programs, to read as follows:
"(c) Any prosecuting attorney assigned or employed on a full-time basis to represent the state in delinquency cases in juvenile court shall complete an initial training program prescribed by the Prosecuting Attorneys Council of the State of Georgia within 12 months of becoming assigned or employed and shall participate in at least one seminar conducted or approved by the Prosecuting Attorneys Council of the State of Georgia each year. The Prosecuting Attorneys Council of the State of Georgia may waive the initial training requirement for any prosecuting attorney who is assigned or employed on a full-time basis to represent the state in delinquency cases in juvenile court on or before July 1, 2004."
SECTION 2. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by adding a new Code section to the end of Article 1, relating to general provisions, to read as follows:
"17-7-3. The official in charge of any facility that detains a child for a pending trial in the superior, state, or juvenile courts, including but not limited to, sheriffs, regional jail authorities, and the Department of Juvenile Justice, shall furnish at least once a week a list of all children so detained to the chief judge, or his or her designee, and the prosecuting attorney for the court or courts having jurisdiction to adjudicate the case against the child. The list shall include the following information pertaining to each child:
(1) The childs name, date of birth, sex, and race; (2) The date detention began; (3) The offense charged or other reason for being held; (4) The amount of the bond, if known; and

WEDNESDAY, FEBRUARY 25, 2004

1271

(5) Whether the child is represented by an attorney and, if represented, the name of the attorney."
SECTION 3. Said chapter is further amended by adding a new Code section to Article 3, relating to indictments, to read as follows:
"17-7-50.1. (a) Any child who is charged with a crime that is within the jurisdiction of the superior court, as provided in Code Section 15-11-28, who is detained shall within 180 days of the date of detention be entitled to have the charge against him or her presented to the grand jury. The superior court shall, upon motion for an extension of time and after a hearing and good cause shown, grant one extension to the original 180 day period, not to exceed 90 additional days. (b) If the grand jury does not return a true bill against the detained child within the time limitations set forth in subsection (a) of this Code section, the detained childs case shall be transferred to the juvenile court and shall proceed thereafter as provided in Chapter 11 of Title 15. (c) The provisions of this Code section shall not apply to any case in which the prosecuting attorney files notice with the court that the detained child is a codefendant to a case in which an adult is charged with committing the same offense and the state has filed a notice of its intention to seek the death penalty."
SECTION 4 This Act shall become effective on July 1, 2004.
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
Barnard Y Barnes
Beasley-Teague E Benfield Y Birdsong Y Black

Y Day Y Dean Y Deloach Y Dix Y Dodson
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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

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Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper E Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Ehrhart 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
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

E James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Oliver, M O'Neal
Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S 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 Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 834. By Representatives Wilkinson of the 41st, Stephens of the 123rd, Keen of the 146th, Jackson of the 124th, Post 1 and Bordeaux of the 125th:
A BILL to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to define a term; to provide that a motor vehicle shall be returned in the county where the motor vehicle is functionally located; and for other purposes.

The following substitute, offered by Representative Wilkinson of the 41st, was read and adopted:

A BILL

WEDNESDAY, FEBRUARY 25, 2004

1273

To amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, so as to provide that certain motor vehicles may be returned in the county where such vehicles are functionally located; to provide for 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. Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of return of motor vehicles and mobile homes, is amended by striking subsection (a) of said Code section and inserting in its place the following:
"(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive. (2)(A) Each Except as otherwise provided in this paragraph, each motor vehicle owned by a resident of this state shall be returned in the county where the owner claims a homestead exemption or, if no such exemption is claimed, then in the county of the owners domicile or, if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be returned in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the students domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (2) (3) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

1274

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter
Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper E 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
Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson E James
Jamieson Y Jenkins, C Y Jenkins, C.F 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 Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E Ray Y Reece, B Y Reece, S 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
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Smyre of the 111th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 25, 2004

1275

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1405. By Representatives Cummings of the 19th, Howard of the 98th, Porter of the 119th, Skipper of the 116th, Orrock of the 51st and others:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.

The following Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 838. By Representatives Hill of the 147th, Keen of the 146th, Mills of the 67th, Post 2, Smith of the 129th, Post 2, Mosley of the 129th, Post 1 and others:
A BILL to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees' membership in the Employees' Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law clerk for a judicial circuit; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees membership in the Employees Retirement System of Georgia and contributions, so as to provide that a person who is a member of such retirement system because of employment as a court administrator may obtain up to four years of creditable service for prior service as a full-time law clerk for a judicial circuit; to provide for contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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JOURNAL OF THE HOUSE

SECTION 1. Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to certain judicial employees membership in the Employees Retirement System of Georgia and contributions, is amended by inserting at the end thereof the following:
"(g) Any member who is a member of this retirement system by operation of subparagraph (a)(1)(D) of this Code section may receive up to four years of creditable service under this chapter for past service as a full-time law assistant for a judicial circuit employed pursuant to the provisions of Code Section 15-6-28 upon payment to the board of trustees the employer and employee contributions which would have been paid if he or she had been a member of this retirement system at the time the service was rendered, together with regular interest thereon. The basis for employee contributions to obtain creditable service under this Code section shall be the state salary paid to the member claiming such past service at the time the service was rendered. Such payment must be made not later than July 1, 2005, or within six months of first or again becoming a member, whichever is later."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague E Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar
Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson E James Y Jamieson
Jenkins, C

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 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 Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper E Crawford Y Cummings

WEDNESDAY, FEBRUARY 25, 2004

Y Fleming Floyd, H Floyd, J
Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jenkins, C.F 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 Parham Y Parrish E Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall E 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

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Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Mobley of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Smyre of the 111th 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 1406. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:

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JOURNAL OF THE HOUSE
A RESOLUTION commending Ms. Wyomia Tyus, Olympic gold medalist; and for other purposes.

HR 1407. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A RESOLUTION honoring the life and legacy of Andrew Zadok "A.Z." Kelsey and family; and for other purposes.

HR 1408. By Representative Rogers of the 15th:
A RESOLUTION commending Jonathan Michael Babcock on attaining the rank of Eagle Scout; and for other purposes.

HR 1409. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, Mosby of the 59th, Post 3, McClinton of the 59th, Post 1, Mangham of the 62nd and others:
A RESOLUTION commending Dr. Paul J. Weisner and congratulating him on his retirement from the DeKalb County Board of Health; and for other purposes.

HR 1410. By Representatives Scott of the 138th, Roberts of the 131st and Houston of the 139th:
A RESOLUTION commending the Reverend Paul Thomas and recognizing February 29, 2004, as Paul Thomas Day at the First Baptist Church of Tifton, Georgia; and for other purposes.

HR 1411. By Representatives Cooper of the 30th, Manning of the 32nd, Golick of the 34th, Post 3, Dollar of the 31st and Ehrhart of the 28th:
A RESOLUTION commending the Walker School Wolverines Girls Soccer Team; and for other purposes.

HR 1412. By Representatives Cooper of the 30th, Manning of the 32nd, Golick of the 34th, Post 3, Dollar of the 31st and Ehrhart of the 28th:

WEDNESDAY, FEBRUARY 25, 2004

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A RESOLUTION commending the Walker School Lady Wolverine Tennis Team; and for other purposes.

HR 1413. By Representative Roberts of the 135th:
A RESOLUTION in memory of Mr. Wayman Nether; and for other purposes.

HR 1414. By Representative Roberts of the 135th:
A RESOLUTION honoring the memory of Mr. Howard W. Nether; and for other purposes.

HR 1415. By Representative Roberts of the 135th:
A RESOLUTION remembering and honoring the life of Mr. Thomas Ausby; and for other purposes.

HR 1416. By Representative Roberts of the 135th:
A RESOLUTION remembering Deacon Dan Cole, Sr; and for other purposes.

HR 1417. By Representative Roberts of the 135th:
A RESOLUTION in memory of Mr. Addie C. Cook, Sr.; and for other purposes.

HR 1418. By Representative Howard of the 98th:
A RESOLUTION commending Ms. Willa Mitchell and congratulating her on the occasion of her retirement; and for other purposes.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Special Judiciary:

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JOURNAL OF THE HOUSE

SB 457. By Senators Smith of the 25th, Thomas of the 10th, Butler of the 55th, Blitch of the 7th, Kemp of the 3rd and others:
A BILL to be entitled an Act to amend Titles 15, 19, and 24 of the O.C.G.A., relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; to provide for related matters; to repeal conflicting laws; and for other purposes.

By unanimous consent, HB 486 having been previously postponed, was again postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

Representative Sinkfield of the 50th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1580 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:

WEDNESDAY, FEBRUARY 25, 2004

1281

Mr. Speaker:

Your Committee on Economic Development and Tourism has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1014 Do Pass HB 1507 Do Pass, by Substitute

HB 1519 Do Pass HB 1529 Do Pass

Respectfully submitted, /s/ Parrish of the 102nd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services 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 1427 Do Pass, by Substitute HB 1442 Do Pass, by Substitute HB 1496 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

1282 HR 1338 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1093 Do Pass HB 1455 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

THURSDAY, FEBRUARY 26, 2004 Representative Hall, Atlanta, Georgia
Thursday, February 26, 2004

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The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Ashe Bannister E Beasley-Teague E Benfield Birdsong Boggs Bridges Brock Brooks Broome Buck Buckner, D Buckner, G Burmeister Campbell Casas Chambers Channell Childers Coan Coleman, B E Crawford Cummings

Day Dodson Dollar Dooley Douglas Drenner Ehrhart Fleming Floyd, H Floyd, J Fludd Forster Franklin Graves, D Graves, T Greene Hanner Harbin Harper E Harrell Heard, J Heard, K Heath Hembree

Henson Hill, C Hill, V Hines Hudson Hugley E James Jamieson Jenkins, C Jenkins, C.F Jones Joyce Knox Lewis Lunsford Mangham Martin Maxwell Millar E Mills Moraitakis Morris Mosby Mosley

Murphy, J Murphy, Q Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Powell Purcell E Ray Reece, B Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Sheldon

Sholar Skipper Smith, L Smith, P Smith, T Snow Stephens, E Stephens, R Stokes Stoner Teilhet Teper Thomas Morgan Walker, L Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E Williams, R Coleman, Speaker

The following members were off the floor of the House when the roll was called:
Representatives Anderson of the 100th; Barnard of the 121st, Post 1; Barnes of the 84th, Post 2; Black of the 144th; Borders of the 142nd; Brown of the 89th; Bruce of the 45th; Bunn of the 63rd; Butler of the 88th, Post 1; Cooper of the 30th; Dean of the 49th; DeLoach of the 127th; Dukes of the 136th; Elrod of the 25th; Gardner of the 42nd, Post 3; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Holmes of the 48th, Post 1; Houston of the 139th; Howard of the 98th; Howell of the 92nd; Jordan of the 83rd; Keen of the 146th; Lucas of the 105th; Manning of the 32nd; Marin of the 66th; Massey of the 24th; McCall of the 78th; McClinton of the 59th, Post 1; Mitchell of the 61st, Post 3; Mobley of the 58th; Noel of the 44th; Parham of the 94th; Ralston of the 6th; Randall of the 107th; Sims of the 130th; Sinkfield of the 50th; Smith of the 76th; Smith of the 110th; Smyre of the 111th; Stanley-Turner of the 43rd, Post 2; Stephenson

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of the 60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; Walker of the 71st, Post 1; Wix of the 33rd, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by Reverend Douglas Davis III, Senior Pastor, Lizella Baptist Church, Lizella, 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 1629. By Representative Hanner of the 133rd:

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A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1630. By Representative Hanner of the 133rd:
A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1631. By Representatives Forster of the 3rd, Post 1, Buckner of the 82nd, Burmeister of the 96th, Murphy of the 97th, Harrell of the 54th and others:
A BILL to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to require that courts must determine matters of adoption and child custody within 90 days after the final hearing in such cases; and for other purposes.

Referred to the Committee on Judiciary.

HB 1632. By Representatives Butler of the 88th, Post 1, Oliver of the 56th, Post 2, Bordeaux of the 125th, Stokes of the 72nd, Harper of the 88th, Post 2 and others:
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 certain matters relating to a child under circumstances where one parent has been convicted of the murder of the child's other parent; to amend certain provisions relating to reunification; to amend certain provisions relating to grounds for termination of parental rights; and for other purposes.

Referred to the Committee on Judiciary.

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HB 1633. By Representatives Massey of the 24th, Westmoreland of the 86th, Buck of the 112th, White of the 3rd, Post 2, Franklin of the 17th and others:
A BILL to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to make a legislative finding; to provide that documents and symbols containing religious teachings may be displayed in any public facility in the state; and for other purposes.

Referred to the Committee on Rules.

HB 1634. By Representatives Lunsford of the 85th, Post 2, Rogers of the 15th, Rynders of the 137th, White of the 3rd, Post 2, Westmoreland of the 86th and others:
A BILL to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to provide that it shall be unlawful for any official, officer, or employee of this state or of any department, agency, board, bureau, commission, or authority of this state or of any county, municipality, or authority thereof to employ or to use any public funds to pay any person who is in the United States in violation of the laws of the United States; and for other purposes.

Referred to the Committee on Judiciary.

HB 1635. By Representatives Dollar of the 31st, Jamieson of the 22nd, Wilkinson of the 41st, Manning of the 32nd and Cooper of the 30th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the publishing of Adequate Yearly Progress Reports; to provide for the review by local boards of education and local school superintendents of the progress report data; to provide for an appeals process; to provide parents access to progress report data; and for other purposes.

Referred to the Committee on Education.

THURSDAY, FEBRUARY 26, 2004

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HB 1636. By Representatives Rice of the 64th, Fludd of the 48th, Post 4, Smith of the 76th, Willard of the 40th, Bunn of the 63rd and others:
A BILL to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for numerous exemptions from statutory requirements for schools that are determined to be high-performing; to provide that high-performing schools are exempt from designated provisions relating to school councils; to provide that high-performing schools are exempt from designated provisions relating to the early intervention program; and for other purposes.

Referred to the Committee on Education.

HB 1637. By Representatives Hill of the 16th, Bruce of the 45th, Holmes of the 48th, Post 1, Murphy of the 97th, Keen of the 146th and others:
A BILL to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1638. By Representative Morris of the 120th:
A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to exempt certain meetings and records of the Georgia Sports Hall of Fame Authority from the requirements relating to open meetings and inspection of public records; and for other purposes.

2/25/2004 Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes

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notice of a motion to engross HB 1638. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Morris District 120

Referred to the Committee on Judiciary.

HB 1639. By Representative Smith of the 76th:
A BILL to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment powers, so as to change certain provisions relating to creation of tax allocation districts; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1640. By Representative Smith of the 76th:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to the creation of the Developmental Highway System, so as to add an additional highway to the Developmental Highway System; and for other purposes.

Referred to the Committee on Transportation.

HR 1419. By Representatives Heath of the 18th, McCall of the 78th, Smith of the 87th, Buckner of the 109th, Manning of the 32nd and others:
A RESOLUTION creating the House Septage Disposal Study Committee; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

THURSDAY, FEBRUARY 26, 2004

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HR 1420. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Skipper of the 116th, Smyre of the 111th, Buck of the 112th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may by general law provide a trust fund for the purpose of paying hospitals for uncompensated trauma care to victims of severe injury or trauma and make all provisions relating to such fund; to provide that the General Assembly may provide for a source of funding specifically designated for such fund, and that such fund shall not be subject to the lapsing provisions of the Constitution; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1421. By Representative Ashe of the 42nd, Post 2:
A RESOLUTION proposing an amendment to the Constitution so as to authorize counties and municipal corporations having an established entertainment district to authorize parimutuel betting and casino gambling; to require the approval of the voters in a referendum on the matter; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 1422. By Representatives Boggs of the 145th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Shaw of the 143rd, Hill of the 147th and others:
A RESOLUTION designating the Okefenokee Trail; and for other purposes.

2/26/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1422. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Boggs District 145

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Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 1650. By Representatives Richardson of the 26th, Teilhet of the 34th, Post 2, Manning of the 32nd, Dollar of the 31st, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to add an additional judge to Division 1 of the State Court of Cobb County; to add an additional judge to the second division of the State Court of Cobb County; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1425. By Representatives Mosley of the 129th, Post 1, Floyd of the 132nd, Hanner of the 133rd, McCall of the 78th, Porter of the 119th and others:
A RESOLUTION proposing an amendment to the Constitution so as to require the General Assembly to provide by general law for the creation of a Georgia Solid Waste and Hazardous Waste Response Trust Fund from which funds shall be disbursed as provided by general law to protect the public health and safety and the environment from the release of contaminants and hazardous substances; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1604 HB 1605 HB 1606 HB 1607 HB 1608 HB 1609

HB 1621 HB 1622 HB 1623 HB 1624 HB 1625 HB 1626

HB 1610 HB 1611 HB 1613 HB 1617 HB 1618 HB 1619

THURSDAY, FEBRUARY 26, 2004
HB 1627 HB 1628 HR 1403 SB 506 SB 513 SB 547

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Pursuant to Rule 52, Representative Bordeaux of the 125th moved that the following Bill of the House be engrossed:

HB 1605. By Representatives Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2, Stephens of the 123rd, Day of the 126th and others:
A BILL to amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to lengthen the time in which a taxpayer may file a claim for refund of overpaid taxes; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Dooley of the 33rd, Post 3 moved that the following Bill of the House be engrossed:

HB 1627. By Representative Harrell of the 54th:

A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2007; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister

N Day Dean
Y Deloach Dix

N Hill, C.A Hill, V
N Hines Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Sholar Sims Sinkfield Y Skipper

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Y Barnard Y Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome
Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn N Burkhalter N Burmeister N Butler
Campbell N Casas
Chambers Channell Y Childers N Coan Coleman, B N Cooper Crawford Y Cummings

Y Dodson 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
Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

Y Houston Howard
Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones
Jordan N Joyce N Keen N Knox Y Lane
Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham
Manning Marin N Martin N Massey N Maxwell Y McBee Y McCall McClinton N Millar E Mills

Y Mosby Mosley
N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal
Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall E Ray Y Reece, B N Reece, S N Rice
Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders
Sailor N Scott Y Shaw Y Sheldon

On the motion the ayes were 88, nays 50. The motion was lost.

N Smith, B Smith, L
Y Smith, P Smith, T Smith, V Smyre
Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan
Thomas, A.M Y Thompson 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
Yates Coleman, Speaker

Pursuant to Rule 52, Representative Smith of the 129th, Post 2 moved that the following Bill of the House be engrossed:

HB 1628. By Representative Smith of the 129th, Post 2:
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 blueberry as Georgia's official state berry; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 26, 2004

N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks
Broome Brown Y Bruce Y Buck Y Buckner, D Buckner, G Bunn N Burkhalter N Burmeister N Butler Campbell N Casas N Chambers Channell Y Childers N Coan Coleman, B N Cooper Crawford Y Cummings

N Day Dean
Y Deloach Dix
Y Dodson Dollar Dooley
N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper E Harrell N Heard, J Y Heard, K N Heath
Heckstall Hembree Y Henson N Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones
Jordan N Joyce N Keen N Knox
Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning
Marin N Martin N Massey N Maxwell Y McBee
McCall McClinton N Millar E 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
Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall E 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

On the motion the ayes were 89, nays 54. The motion was lost.

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Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

Representative Holmes of the 48th District, Post 1, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 1123 Do Pass, by Substitute HR 1096 Do Pass

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 727 Do Pass, by Substitute HB 1408 Do Pass, by Substitute HB 1615 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 133rd
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 1585 Do Pass HB 1589 Do Pass HB 1590 Do Pass HB 1591 Do Pass HB 1592 Do Pass

HB 1601 Do Pass HB 1602 Do Pass HB 1603 Do Pass HR 1257 Do Pass

THURSDAY, FEBRUARY 26, 2004
Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

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The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 26, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

HB 1441 HB 1446

Controlled substances; trafficking in ecstacy; define offense Homestead exemption; certain veterans; maximum amount

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 1585. By Representatives Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Richardson of the 26th, Dollar of the 31st, Wilkinson of the 41st and others:
A BILL to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide for the compensation of the chief magistrate of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

HB 1590. By Representatives Cummings of the 19th and Heath of the 18th:
A BILL to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1591. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act creating the Cobb Judicial Circuit, so as to provide for the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1592. By Representatives Ehrhart of the 28th, Golick of the 34th, Post 3, Teilhet of the 34th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and others:
A BILL to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of certain employees of such office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1601. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to provide that future elections for the office of chief magistrate and the office of judge of the probate court of Ware County shall be nonpartisan elections; and for other purposes.

THURSDAY, FEBRUARY 26, 2004

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1602. By Representatives Boggs of the 145th, Smith of the 129th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend an Act creating the State Court of Ware County, so as to provide for the compensation of the solicitor-general and the judge of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1603. By Representative Hudson of the 95th:
A BILL to provide a homestead exemption from Hancock County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads leased to certain residents of that county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HR 1257. By Representatives Henson of the 55th, Drenner of the 57th, Watson of the 60th, Post 2, Chambers of the 53rd and Mangham of the 62nd:
A RESOLUTION urging the Board of Education of DeKalb County to adjust attendance boundaries, reassess comprehensive attendance zone planning, and reassess school construction; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Legislation.

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On the passage of the Legislation, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes E 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
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 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 N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell Y Heard, J Y Heard, K
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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Millar E 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
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T
Smith, V Smyre Y Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas Morgan Thomas, A.M Y Thompson 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 Legislation, the ayes were 158, nays 3. The Legislation, having received the requisite constitutional majority, was passed.

HB 1589. By Representatives Hill of the 81st, Jordan of the 83rd, Heckstall of the 48th, Post 3, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4 and others:
A BILL to provide that the governing authority of Clayton County shall hold a nonbinding referendum asking the electors whether law enforcement

THURSDAY, FEBRUARY 26, 2004

1299

services should be consolidated under the office of the sheriff; and for other purposes.

The following amendment was read and adopted:

Representative Buckner of the 82nd et al. move to amend HB 1589 as follows:
Page 1 Line 9 change 2004 to 2006.

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 E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome
Brown Bruce Y Buck Y Buckner, D Y Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers

Y Day 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
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 E Harrell
Heard, J Y Heard, K

Y Hill, C.A Y Hill, V Y Hines Y Holmes
Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y 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

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 Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T
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 Morgan Thomas, A.M Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

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Y 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 McBee Y McCall
McClinton Y Millar Y Mills

Y Rynders Sailor
N Scott Shaw
Y Sheldon

Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 151, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 408. By Senators Brush of the 24th, Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to provide that a physician volunteering with a state, county, or municipal law enforcement agency shall be considered a state officer or employee and shall be immune from lawsuit or liability for official actions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
SB 549. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its amendment to the House substitute to the following bill of the Senate:

THURSDAY, FEBRUARY 26, 2004

1301

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 408. By Senators Brush of the 24th, Cheeks of the 23rd and Hall of the 22nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to state tort claims, so as to provide that a physician volunteering with a state, county, or municipal law enforcement agency shall be considered a state officer or employee and shall be immune from lawsuit or liability for official actions; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 549. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State Planning & Community Affairs - Local.

Representative Scott of the 138th moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Transportation:

HB 486. By Representatives Scott of the 138th, Houston of the 139th and Roberts of the 131st:
A BILL to amend Code Section 32-4-22 of the Official Code of Georgia Annotated, relating to creation of the Developmental Highway System, so as to change the description of road corridors included within such system; and for other purposes.
The motion prevailed.

Representative Scott of the 138th arose to a point of personal privilege and addressed the House.

Representative Royal of the 140th arose to a point of personal privilege and addressed the House.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1338. By Representatives Birdsong of the 104th, Warren of the 99th, Douglas of the 73rd, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A RESOLUTION commending Georgia's National Guard troops; recognizing March 5, 2004, as "National Guard Day"; inviting Major General David Poythress to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

THURSDAY, FEBRUARY 26, 2004

1303

HR 1423. By Representative Warren of the 99th:
A RESOLUTION commending Mr. Charles B. Webster and inviting him to appear before the House of Representatives; and for other purposes.

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1441. By Representatives Jones of the 38th, Hill of the 81st, Campbell of the 39th, Dix of the 70th, Post 2 and Burkhalter of the 36th:
A BILL to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, commonly known as ecstacy; 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 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by adding a new Code section to the article to read as follows:
"16-13-31.1. Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4methylenedioxymethamphetamine, or any mixture containing 3,4methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule I, in violation of this article commits the felony offense of trafficking in 3, 4-

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JOURNAL OF THE HOUSE

methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a term of imprisonment of not more than 30 years and shall pay a fine of not less than $25,000.00 nor more than $250,000.00; (2) If the quantity of such substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a term of imprisonment of not more than 30 years and shall pay a fine of not less than $50,000.00 nor more than $250,000.00; and (3) If the quantity of such substance involved is 400 grams or more, the person shall be sentenced to a term of imprisonment of not more than 30 years and shall pay a fine of not less than $100,000.00 nor more than $250,000.00."
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 E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y 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 Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

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 Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 26, 2004

Y Harper E 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 Y McBee Y McCall
McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1446. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, so as to change references to the maximum exemption allowable; and for other purposes.

The report of the Committee, which was favorable to the 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 E 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 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 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce

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 Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner

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Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper E Harrell 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
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

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 Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1599 Do Pass HB 1620 Do Pass HR 1402 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.

THURSDAY, FEBRUARY 26, 2004 AFTERNOON SESSION

1307

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1426. By Representative Bannister of the 70th, Post 1:
A RESOLUTION commending Rob Carpenter on attaining the rank of Eagle Scout; and for other purposes.

HR 1427. 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 prolific athletic achievements of Mr. Micah Owings; and for other purposes.

HR 1428. 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 incredible artistic talents of Amanda Watkins, daughter of Miller and Jane Watkins; and for other purposes.

HR 1429. By Representative Ashe of the 42nd, Post 2:
A RESOLUTION commending the Georgia Federation of Women's Clubs; and for other purposes.

HR 1430. By Representative Burmeister of the 96th:
A RESOLUTION commending Coach Gerald Barnes; and for other purposes.

HR 1431. By Representatives Sheldon of the 71st, Post 2, Walker of the 71st, Post 1, Coan of the 67th, Post 1 and Mills of the 67th, Post 2:

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JOURNAL OF THE HOUSE
A RESOLUTION recognizing and commending Dacula Middle School on its designation as a 2004 Georgia School of Excellence in Student Achievement; and for other purposes.

HR 1432. By Representatives Coan of the 67th, Post 1, Heard of the 70th, Post 3, Bannister of the 70th, Post 1 and Dix of the 70th, Post 2:
A RESOLUTION commending the Collins Hill High School Boys Swim and Diving Team; and for other purposes.

HR 1433. By Representatives Sheldon of the 71st, Post 2 and Walker of the 71st, Post 1:
A RESOLUTION commending Grayson Elementary School on its Pay for Performance Award; and for other purposes.

HR 1434. By Representative Dooley of the 33rd, Post 3:
A RESOLUTION acknowledging the contributions of senior Georgians and establishing the week of March 1-5, 2004, as Senior Week at the Capitol; and for other purposes.

HR 1435. By Representative Sims of the 130th:
A RESOLUTION commending Jeb Stewart McKinnon; and for other purposes.

HR 1436. By Representative Sims of the 130th:
A RESOLUTION commending Andrew Garrette Sawyer on attaining the rank of Eagle Scout; and for other purposes.

HR 1437. By Representatives Douglas of the 73rd, Stokes of the 72nd and Bunn of the 63rd:
A RESOLUTION commending Jesse Adam Martin; and for other purposes.

THURSDAY, FEBRUARY 26, 2004

1309

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in amending the House substitute thereto:

SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Floyd of the 132nd moved that the House insist on its position in disagreeing to the Senate amendment to the House substitute to SB 157.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 595 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

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JOURNAL OF THE HOUSE

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1438. By Representatives Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3, Teper of the 42nd, Post 1 and Moraitakis of the 42nd, Post 4:
A RESOLUTION commending and recognizing the Buckhead Chapter of AARP and inviting the chapter to appear before the House of Representatives; and for other purposes.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:

HB 1651. By Representatives Sims of the 130th, Smith of the 129th, Post 2, Sholar of the 141st, Post 1, Lord of the 103rd, Coleman of the 118th and others:
A BILL to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to authorize and regulate private harvest-hunt preserves; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 26, 2004

1311

HB 1653. By Representatives Smith of the 76th, Childers of the 13th, Post 1, Cummings of the 19th, Smith of the 13th, Post 2, Brown of the 89th and others:
A BILL to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to change certain provisions relating to a definition of hearing impaired person and the Georgia Center for Hearing Impaired Persons; to create the Georgia Commission on the Hard of Hearing and provide for its members, powers, and duties; and for other purposes.

Referred to the Committee on Health & Human Services.

Representative Jamieson of the 22nd arose to a point of personal privilege and addressed the House.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 26, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this February 26, 2004, by adding the following:

HB 1373 HB 1445 HB 1455 HB 1549 SR 595

Pataula Judicial Circuit; change certain terms of court Occupation taxes; certain exemption; Department of Veterans Service Trials; continuance; certain judicial service in another court Special license plates; Rotary International CA; Marriage; no union between same sex is recognized by the state

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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 House were taken up for consideration and read the third time:

HB 1373. By Representatives Greene of the 134th, Hanner of the 133rd, Sholar of the 141st, Post 1 and Broome of the 141st, Post 2:
A BILL to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the term of court in Clay, Miller, and Randolph counties in the Pataula Circuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson E Anderson Y Ashe Y Bannister Y Barnard Y Barnes E 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 Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps Fleming Y Floyd, H Y Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord

Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q E 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 Ray

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 Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Thompson

Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 26, 2004

Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Heard, K Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Lucas Y Lunsford
Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell McBee Y McCall McClinton Y Millar Y Mills

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

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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 Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Williams of the 61st, Post 2 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1549. By Representatives Bridges of the 7th, O`Neal of the 117th, Purcell of the 122nd, Burkhalter of the 36th, Buck of the 112th and others:
A BILL to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates supporting Rotary International; and for other purposes.

The report of the Committee, which was favorable to the 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 E Beasley-Teague Y Benfield

Y 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

Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

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Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Hanner Y Harbin Y Harper Y Harrell Y Heard, J Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Hugley Jackson James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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

E 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
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 Smith, V Y Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas Morgan Y Thomas, A.M Thompson 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 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Burkhalter of the 36th 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.

HB 1445. By Representatives Birdsong of the 104th, Warren of the 99th, Roberts of the 135th, Heath of the 18th, Heckstall of the 48th, Post 3 and others:
A BILL to amend Code Section 43-12-2 of the Official Code of Georgia Annotated, relating to qualifications for an exemption from occupation taxes, administrative fees, and regulatory fees, so as to provide for certain duties of the Department of Veterans Service; and for other purposes.

THURSDAY, FEBRUARY 26, 2004

1315

The report of the Committee, which was favorable to the 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 E 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
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E 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
Epps 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 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
Hugley Jackson James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Mitchell Mobley Y Moraitakis Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q E Noel Y Oliver, B Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Randall 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 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 Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Williams of the 61st, Post 2 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 1455. By Representatives Buck of the 112th, Smyre of the 111th, Hugley of the 113th and Buckner of the 109th:
A BILL to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continuance or postponement where a party or attorney is presiding as a judge or recorder in another court; to change certain provisions relating to grounds for continuance for members of the General Assembly and others who are attorneys or parties in a case; to amend Code Section 17-8-26 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, so as to change certain provisions relating to a continuance; 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 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, is amended by striking Code Section 9-10-150, relating to grounds for continuance for members of the General Assembly who are parties or attorneys in a case, and inserting in lieu thereof the following:
"9-10-150. A member of the General Assembly who is a party to or the attorney for a party to a case, or any member of the staff of the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, or the chairperson of the Judiciary Committee or Special Judiciary Committee of either the Senate or the House of Representatives who is the lead counsel for a party to a case pending in any trial or appellate court or before any administrative agency of this state, shall be granted a continuance and stay of the case with or without a motion requesting said continuance or stay. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or of any response to any subpoena, discovery, or motion, and appearance at any hearing,

THURSDAY, FEBRUARY 26, 2004

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trial, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly, during any legislative committee meetings held any other time of the year, and during the first three weeks following any recess or adjournment including an adjournment sine die of any regular or extraordinary session. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, the time for doing any act in the case which is delayed by the continuance provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered."
SECTION 2. Said article is further amended by adding a new Code section immediately following Code Section 9-10-150, to be designated Code Section 9-10-150.1, to read as follows:
"9-10-150.1. (a) It shall be the duty of the judge of any trial court of this state to continue, postpone, or recess, on or without motion, any case in the court when any party thereto or such partys attorney shall, when the case is reached, be absent from the court by reason of such partys presiding as a judge or recorder in another court or if lead counsel in such case shall be absent by reason of his or her service presiding as a judge or recorder in another court. Any such continuance shall last during the entire day or days in conflict with such other court, plus a reasonable time thereafter to allow the affected party or attorney to refresh and prepare, but not less than one day, unless the party, in the absence of the partys attorney, or the attorney, in the absence of the party, shall, on the call of the case, announce ready for trial; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or the other counsel that the absent counsel is necessary or desirable for the proper handling of the case. It shall be the duty of a party or attorney relying on this Code section to give notice of such conflict to the judge of the trial court in which such party or attorney is scheduled to appear and all opposing counsel 48 hours in advance of the call of the trial calendar or the call of the case for trial. (b) The party or attorney relying on this Code section may only rely on this Code section to obtain three continuances, postponements, or recesses, unless such party or attorney avers that he or she has made efforts to find a qualified substitute for his or her judicial duties and such efforts have not been successful, which averment without more shall be sufficient for granting the continuance."
SECTION 3. Code Section 17-8-26 of the Official Code of Georgia Annotated, relating to grounds for continuance for members of the General Assembly and the attendance of a party or attorney, is amended by striking said Code section and inserting in lieu thereof the following:

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"17-8-26. A member of the General Assembly who is a party to or the attorney for a party to a case which is pending in any trial or appellate court or before any administrative agency of this state shall be granted a continuance and stay of the case with or without a motion requesting said continuance or stay. The continuance and stay shall apply to all aspects of the case, including, but not limited to, the filing and serving of an answer to a complaint, the making of any discovery or motion, or the making of any response to any subpoena, discovery, or motion, and appearance at any hearing, pretrial appearance, arraignment, plea or motion calendar, trial, or argument. When a case, motion, hearing, or argument is called and is subject to a continuance or stay under this Code section due to the partys attorneys membership in the General Assembly, the party shall not be required to be present at the call of the case, motion, hearing, or argument. Unless a shorter length of time is requested by the member, the continuance and stay shall last the length of any regular or extraordinary session of the General Assembly, during any legislative committee meetings held any other time of the year, and during the first three weeks following any recess or adjournment, including an adjournment sine die of any regular or extraordinary session. Notwithstanding any other provision of law, rule of court, or administrative rule or regulation, and to the extent permitted by the Constitutions of the United States and of the State of Georgia, the time for doing any act in the case which is delayed by the continuance or stay provided by this Code section shall be automatically extended by the same length of time as the continuance or stay covered."
SECTION 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 E Anderson Y Ashe Y Bannister Y Barnard Y Barnes E Beasley-Teague Y Benfield

Y Day 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

Mitchell Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

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 Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 26, 2004

Y Drenner Dukes
Y Ehrhart Y Elrod Y Epps
Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hugley Jackson James
Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

E Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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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 Morgan Y Thomas, A.M Y Thompson 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 Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Burkhalter of the 36th 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.

Representative Powell of the 23rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 558 Do Pass, by Substitute HB 656 Do Pass, by Substitute HB 1028 Do Pass, by Substitute HB 1200 Do Pass, by Substitute HB 1206 Do Pass, by Substitute

HB 1280 Do Pass, by Substitute HB 1379 Do Pass HB 1394 Do Pass HB 1598 Do Pass

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Epps of the 90th District, Chairman of the Committee on Regulated Industries, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1272 Do Pass, by Substitute

Respectfully submitted, /s/ Epps of the 90th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 605 Do Pass, by Substitute HB 1259 Do Pass, by Substitute HB 1335 Do Pass, by Substitute

HB 1392 Do Pass, by Substitute HB 1456 Do Pass, by Substitute

THURSDAY, FEBRUARY 26, 2004
Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

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The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following bill of the Senate:
SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cheeks of the 23rd, Hall of the 22nd, and Lee of the 29th.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1441. By Representatives Bordeaux of the 125th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Purcell of the 122nd, Stephens of the 123rd and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman Vincent Powers, the 2004 St. Patrick's Day Parade's

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Grand Marshal Father Joseph F. Ware, and inviting them to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

The following amendment was read:

Representatives Walker of the 115th et al. move to amend SR 595 as follows:
By changing lines 9 through 11 on page 1 after (a) to read as follows:
"Regardless of whether entered into in this state or outside this state, this state shall recognize as marriage only the union of one man and one woman. Marriages between persons of the same sex are prohibited and shall not be recognized in this state."
And by deleting lines 12 through 19 on page 1.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson E Anderson N Ashe N Bannister N Barnard N Barnes E Beasley-Teague N Benfield Y Birdsong Y Black

N Day Y Dean Y Deloach N Dix N Dodson Y Dollar Y Dooley N Douglas N Drenner Y Dukes

N Hill, C.A Hill, V
N Hines Y Holmes N Houston
Howard N Howell E Hudson Y Hugley Y Jackson

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J N Murphy, Q E Noel N Oliver, B

N Sholar N Sims N Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V Y Smyre

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 N Campbell Y Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford N Cummings

THURSDAY, FEBRUARY 26, 2004

N Ehrhart N Elrod Y Epps
Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin Y Harper N Harrell N Heard, J Y Heard, K N Heath N Heckstall N Hembree N Henson N Hill, C

N James Y Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan N Joyce N Keen N Knox N Lane N Lewis
Lord N Lucas N Lunsford Y Maddox Y Mangham Y Manning N Marin N Martin N Massey N Maxwell Y McBee Y McCall N McClinton N Millar N Mills

N Oliver, M Y O'Neal N Orrock Y Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw N Sheldon

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N Snow Stanley-Turner
N Stephens, E N Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson
Willard Williams, A N Williams, E N Williams, R Y Wix Y Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 45, nays 121. The amendment was lost.

The following amendment was read:

Representative Holmes of the 48th, Post 1 moves to amend SR 595 as follows: Delete subsection (b) on lines 12 - 19 on page 1, and renumber subsequent lines.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson E Anderson Y Ashe N Bannister N Barnard N Barnes E Beasley-Teague

N Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley

N Hill, C.A Hill, V
N Hines Y Holmes N Houston
Howard N Howell

Y Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J

N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, L N Smith, P

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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 N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

JOURNAL OF THE HOUSE

N Douglas N Drenner Y Dukes N Ehrhart N Elrod N Epps
Fleming N Floyd, H N Floyd, J N Fludd N Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene
Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J N Heard, K N Heath N Heckstall N Hembree Y Henson
Hill, C

E Hudson N Hugley Y Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord N Lucas N Lunsford Y Maddox N Mangham N Manning N Marin N Martin N Massey N Maxwell Y McBee N McCall N McClinton N Millar N Mills

N Murphy, Q E Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston N Randall
Ray N 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
Sailor N Scott N Shaw N Sheldon

N Smith, T N Smith, V N Smyre N Snow
Stanley-Turner Y Stephens, E N Stephens, R N Stephenson N Stokes Y Stoner Y Teilhet Y Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard
Williams, A N Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 19, nays 146. The amendment was lost.

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 N Ashe Y Bannister Y Barnard Y Barnes E Beasley-Teague N Benfield Y Birdsong Y Black

Day N Dean Y Deloach Y Dix Y Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes

Y Hill, C.A Hill, V
Y Hines N Holmes Y Houston Y Howard Y Howell E Hudson N Hugley N Jackson

N Mitchell Mobley
N Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q E Noel Y Oliver, B

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 Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks Y Broome Y Brown N Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, FEBRUARY 26, 2004

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

N James N Jamieson Y Jenkins, C Y Jenkins, C.F 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 Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

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 N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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Y Snow Stanley-Turner
N Stephens, E Y Stephens, R N Stephenson Y Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L E Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 117, nays 50. The Resolution, having failed to receive the requisite constitutional majority, was lost.

Due to a mechanical malfunction, the vote of Representative Mangham of the 62nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Day of the 126th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Hembree of the 46th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SR 595.
House of Representatives Legislative Office Building, Room 409
Atlanta, Georgia 30334

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Jill Chambers Representative, District 53

February 26, 2004
Why I voted "no" on SR 595
District 53 is very diverse. Most of the families I met while campaigning were traditional families, but every street I visited had gay and lesbian homeowners. I appreciate the support from the traditional families as well as the support of many of my gay and lesbian neighbors.
My husband, Albert, and I have just celebrated our 20th wedding anniversary. No one will question my commitment to the institution of marriage. My husband's business supplies artwork to the interior design trade and home decorators and many of my customers are gay.
But I want to make one thing crystal clear: my "no" vote on SR 595 is not an endorsement of gay marriage. My friends among the Log Cabin Republicans and Georgia Equality will confirm that I have never promised to support or work for the approval of gay marriage. My vote today is a vote to keep peace and harmony among neighbors in my community.
If brought to a referendum in November, every gay household in my community will be "outed" with signs that display "Vote No in November." The referendum will invite the potential of verbal and physical altercations or vandalism in our neighborhoods. The constituents of District 53 work well together for a better community. My "no" vote is to express my desire to keep peace and harmony within my District.
I am open to find ways to resolve the legal barriers that occur when people face discrimination, but a divisive referendum is not the answer in District 53.
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 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:

THURSDAY, FEBRUARY 26, 2004

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A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Floyd of the 132nd moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 157 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Floyd of the 132nd, Shaw of the 143rd and Fludd of the 48th, Post 4.

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 1656. By Representatives Joyce of the 2nd, Birdsong of the 104th, Royal of the 140th and Snow of the 1st:
A BILL to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to exempt certain motor vehicles owned by persons who have been awarded the Medal of Honor from ad valorem taxation; and for other purposes.

Referred to the Committee on Ways & Means.

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The following Resolution of the House was read and referred to the Committee on Rules:

HR 1443. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th, Campbell of the 39th, Willard of the 40th and others:
A RESOLUTION commending the Milton High School boys tennis team on their 2003 AAAAA state championship and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, March 1, 2004.

MONDAY, MARCH 1, 2004 Representative Hall, Atlanta, Georgia
Monday, March 1, 2004

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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 Ashe Bannister Barnard Barnes
E Beasley-Teague Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Bunn Burmeister Campbell Casas Chambers
E Channell Childers

Coleman, B Cooper Crawford Cummings Day Deloach Dodson Dollar Dooley Douglas Drenner Ehrhart Elrod Fleming Floyd, J Fludd Forster Franklin Gardner Golick Graves, D Graves, T Greene Harbin Harrell Heard, J Heard, K

Heath Hembree Henson Hill, C Hill, C.A Hill, V Hines Houston Howard Howell E Hudson Hugley Jamieson Jenkins, C Jenkins, C.F Jones Jordan Joyce Keen Knox Lewis Lord Lunsford Manning Marin Martin Massey

Maxwell McBee Mills Moraitakis Morris Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Parrish Parsons Porter Purcell Ralston Reece, S Rice Richardson Roberts, J Roberts, L Royal Rynders Scott Shaw

Sheldon Sholar Skipper Smith, B Smith, P Smith, T Smith, V Snow Stanley-Turner Stephens, R Stoner Teilhet Teper Thomas Morgan Thomas, A.M Walker, R.L Warren Watson 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 Bruce of the 45th; Burkhalter of the 36th; Butler of the 88th, Post 1; Dean of the 49th; Dukes of the 136th; Epps of the 90th; Greene-Johnson of the 60th, Post 3; Hanner of the 133rd; Heckstall of the 48th, Post 3; Holmes of the 48th, Post 1; Jackson of the 124th, Post 1; James of the 114th; Lane of the 101st; Lucas of the 105th; Maddox of the 59th, Post 2; Mangham of the 62nd; McCall of the 78th; McClinton of the 59th, Post 1; Millar of the 52nd; Mitchell of the 61st, Post 3; Mobley of the 58th; Randall of the 107th; Ray of the 108th; Reece of the 11th; Rogers of the 20th; Rogers of the 15th; Sailor of the 61st, Post 1; Sims of the 130th; Smith of the 87th; Smyre of the 111th;

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Stephens of the 124th, Post 2; Stokes of the 72nd; Thompson of the 69th, Post 1; and Walker of the 115th.
They wish to be recorded as present.

Prayer was offered by Dr. Winfred Hope, Pastor, Ebenezer Baptist Church West, Athens, 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 1641. By Representative Smith of the 76th:

MONDAY, MARCH 1, 2004

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A BILL to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to a minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally and exceptions thereto; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HB 1642. By Representative Smith of the 76th:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales taxes, so as to provide for an exemption for sales from the liquidation of the estate of a deceased person; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1643. By Representative Smith of the 76th:
A BILL to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to the removal of improperly parked cars or trespassing personal property, procedure, prohibition of automatic surveillance, and a penalty, so as to provide that certain license fees shall be structured according to usage; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1644. By Representatives Smith of the 13th, Post 2, Barnes of the 84th, Post 2, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1 and Noel of the 44th:
A BILL to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; and for other purposes.

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Referred to the Committee on Transportation.

HB 1645. By Representatives Bannister of the 70th, Post 1, Cooper of the 30th, Murphy of the 14th, Post 2 and Knox of the 14th, Post 1:
A BILL to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to provide for procedures for the removal of isolated abandoned burial plots over 100 years in age; to define a certain term; to provide for an archeological survey; to provide for a genealogical search for heirs; and for other purposes.

Referred to the Committee on Judiciary.

HB 1646. By Representatives Bannister of the 70th, Post 1, Franklin of the 17th, Joyce of the 2nd, Cooper of the 30th and Chambers of the 53rd:
A BILL to amend Chapter 1 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to eminent domain, so as to provide that a municipal corporation shall not transfer an interest in real property acquired through exercise of the right of eminent domain for at least five years after such acquisition; to provide for a presumption; and for other purposes.

Referred to the Committee on Judiciary.

HB 1647. By Representatives Snow of the 1st, Day of the 126th, Mosley of the 129th, Post 1, Lane of the 101st and Parham of the 94th:
A BILL to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds and other instruments, so as to provide for additional requirements for recordation of deeds conveying title to real property; and for other purposes.

Referred to the Committee on Judiciary.

MONDAY, MARCH 1, 2004

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HB 1648. By Representative Jackson of the 124th, Post 1:
A BILL to amend Article 2 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the State Bar of Georgia, so as to repeal provisions relating to the option of a jury trial prior to a final order or disbarment; and for other purposes.

Referred to the Committee on Judiciary.

HB 1649. By Representatives Royal of the 140th, Burkhalter of the 36th, Martin of the 37th, Morris of the 120th, Buck of the 112th and others:
A BILL to amend Code Section 24-9-67 of the Official Code of Georgia Annotated, relating to opinions of experts, so as to provide for standards in admitting expert testimony in professional malpractice actions; and for other purposes.

Referred to the Committee on Judiciary.

HB 1654. By Representatives Powell of the 23rd, Royal of the 140th, Buck of the 112th, Parrish of the 102nd, Porter of the 119th and others:
A BILL to amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; and for other purposes.

Referred to the Committee on Rules.

HB 1655. By Representatives Smith of the 129th, Post 2, Royal of the 140th, Hanner of the 133rd, O`Neal of the 117th and Mosley of the 129th, Post 1:
A BILL to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of clean fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of

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Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of clean fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of clean fuels in certain vehicles operated by state government; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HB 1657. By Representatives Boggs of the 145th, Bordeaux of the 125th and Campbell of the 39th:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor, felony, and death penalty cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change provisions relating to the challenges for cause; to change provisions relating to challenges for cause in civil cases; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; and for other purposes.

Referred to the Committee on Judiciary.

HB 1658. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2 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 members of the board other than the chairperson of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1659. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1660. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Heckstall of the 48th, Post 3, Fludd of the 48th, Post 4 and others:
A BILL to amend an Act creating the State Court of Clayton County, so as to provide for the imposition and collection of a fee to be used for fulfilling the technological needs of the state court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representatives Black of the 144th, Borders of the 142nd and Shaw of the 143rd:
A BILL to create the Lowndes County Public Facilities Authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1424. By Representatives Bannister of the 70th, Post 1, Ralston of the 6th, Williams of the 4th, Parsons of the 29th, Heard of the 70th, Post 3 and others:
A RESOLUTION memorializing Congress to prohibit federal courts from ordering or instructing any state or political subdivision thereof to levy or increase taxes; and for other purposes.

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Referred to the Committee on Ways & Means.

HR 1439. By Representatives Orrock of the 51st, Henson of the 55th, Drenner of the 57th, Oliver of the 56th, Post 2, Mobley of the 58th and others:
A RESOLUTION designating Thursday, March 4, 2004, as Equal Pay Day; and for other purposes.

Referred to the Committee on Industrial Relations.

HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd:
A RESOLUTION designating the Bill Conn Parkway; and for other purposes.

2/26/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1440. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Transportation.

HR 1442. By Representatives Powell of the 23rd, Royal of the 140th, Skipper of the 116th, Parrish of the 102nd, Buck of the 112th and others:
A RESOLUTION designating April of each year as Confederate History and Heritage Month; urging schools to commemorate the time of Southern independence; designating the John B. Gordon statue on the state capital building grounds as Georgia's Confederate Memorial; designating the 19562001 Georgia flag as the "Georgia Memorial Flag"; calling for the 1956-2001

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Georgia flag to be flown over the state capitol building on Confederate Memorial Day and Robert E. Lee's birthday; 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 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HB 1635 HB 1636 HB 1637 HB 1638 HB 1639 HB 1640

HB 1650 HB 1651 HB 1652 HB 1653 HB 1656 HR 1419 HR 1420 HR 1421 HR 1422 HR 1425 SB 408 SB 549

Pursuant to Rule 52, Representative Morris of the 120th moved that the following Bill of the House be engrossed:

HB 1638. By Representative Morris of the 120th:

A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to exempt certain meetings and records of the Georgia Sports Hall of Fame Authority from the requirements relating to open meetings and inspection of public records; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard

N Day Y Dean Y Deloach Y Dix Y Dodson

Hill, C.A Y Hill, V N Hines Y Holmes Y Houston

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B

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Y Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers E Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

Dollar Y Dooley N Douglas Y Drenner
Dukes N Ehrhart N Elrod
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
Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Howard Howell
E Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones
Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford Y Maddox
Mangham Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S 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

On the motion the ayes were 102, nays 57. The motion prevailed.

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 Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White
Wilkinson N Willard
Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Skipper of the 116th moved that the following Resolution of the House be engrossed:

HR 1422. By Representatives Boggs of the 145th, Smith of the 129th, Post 2, Mosley of the 129th, Post 1, Shaw of the 143rd, Hill of the 147th and others:

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A RESOLUTION designating the Okefenokee Trail; and for other purposes.

The motion prevailed.

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1396 Do Pass, by Substitute HB 1399 Do Pass, by Substitute

HB 1400 Do Pass, by Substitute HB 1595 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 234 Do Pass, by Substitute HB 394 Do Pass HB 975 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

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Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1443 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1604 Do Pass HB 1606 Do Pass HB 1610 Do Pass

HB 1621 Do Pass HB 1622 Do Pass SB 493 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:

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Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1262 Do Pass HR 1310 Do Pass HR 1311 Do Pass HR 1315 Do Pass

HR 1341 Do Pass HR 1349 Do Pass HR 1373 Do Pass HR 1404 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, MARCH 1, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:

HB 1014 HB 1068 HB 1263 HB 1277 HB 1321 HB 1326 HB 1519 HB 1588 HR 701
HR 1346

Stone Mountain Memorial Association; members; requirements School construction; access to public street or road; provisions Property insurance; nonrenewal; claim against policy Water resources; irrigation systems; certain shut-off switch Annexation; certain counties; repeal provisions State government; privatization contracts; revise provisions Common-sense Consumption Act; enact Special license plates; General Assembly; change certain provisions Hepatitis C Awareness and Education Month; recognize May, 2003; urge Public Health Division of DHR undertake related studies Education; standard grading system for K-12; urge Board study issue

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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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 1604. By Representative Borders of the 142nd:
A BILL to provide a new charter for the City of Remerton; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1606. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Reece of the 21st, Amerson of the 9th and Rogers of the 20th:
A BILL to amend an Act providing for homestead exemptions from Hall County School District ad valorem taxes for educational purposes for certain residents of that school district who are senior citizens, so as to allow such exemptions to continue to be received by unremarried surviving widows or widowers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1610. By Representatives Manning of the 32nd, Ehrhart of the 28th, Wix of the 33rd, Post 1, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating the Cobb County-Marietta Water Authority, so as to amend certain provisions relating to the immunity of the authority; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1621. By Representative McCall of the 78th:
A BILL to provide for an advisory referendum election to be held in Elbert County for the purpose of determining if the recommendation submitted by the Committee to Study the Form of Government for Elbert County is desired by the people of said county; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 493. By Senators Kemp of the 3rd and Johnson of the 1st:
A BILL to be entitled an Act to provide for the filling of vacancies on the Liberty County Hospital Authority; to provide for the manner of nomination and appointment of persons to fill unexpired or full terms; 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.

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 Y Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod
Epps

Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C

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 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

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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 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 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 Y Hill, C

Y Jenkins, C.F 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 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 Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 162, nays 0. The Bills, having received the requisite constitutional majority, were passed.

HB 1622. By Representatives Mitchell of the 61st, Post 3, Watson of the 60th, Post 2, Mosby of the 59th, Post 3, Mobley of the 58th, Stephenson of the 60th, Post 1 and others:
A BILL to amend an Act entitled "An Act to create and establish for and in the County of DeKalb a court to be known as the Recorder's Court of DeKalb County," so as to change the term of office of the judge of said court to four years; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 1, 2004

1345

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 439. By Senators Seabaugh of the 28th, Starr of the 44th, Adelman of the 42nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to create a new offense relating to film piracy; to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide immunity for detention due to suspicion of film piracy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 478. By Senators Thomas of the 54th, Hamrick of the 30th, Smith of the 52nd, Unterman of the 45th, Levetan of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the O.C.G.A., relating to marriage generally, so as to revise certain provisions relating to application for a marriage license; to revise certain provisions relating to the filing and transmission of application supplement-marriage reports; to amend Chapter 10 of Title 31 of the O.C.G.A., to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to

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revise certain powers of the state registrar; to repeal Code Section 31-10-21, relating to record of marriage licenses; to repeal Code Section 31-10-22, to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 486. By Senators Seabaugh of the 28th, Hudgens of the 47th, Balfour of the 9th and Meyer von Bremen of the 12th:
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 the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 510. By Senators Harp of the 16th, Smith of the 52nd, Williams of the 19th, Kemp of the 46th, Clay of the 37th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for certain investigative powers; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 529. By Senators Lamutt of the 21st, Golden of the 8th and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to repeal conflicting laws; and for other purposes.
SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th:

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1347

A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 439. By Senators Seabaugh of the 28th, Starr of the 44th, Adelman of the 42nd and Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to create a new offense relating to film piracy; to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide immunity for detention due to suspicion of film piracy; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 449. By Senators Seabaugh of the 28th and Balfour of the 9th:
A BILL to be entitled an Act to amend Chapter 3 of Title 43 of the O.C.G.A., relating to accountants, so as to repeal certain provisions relating to registered public accountants; to provide that public accountants shall upon application be certificated as certified public accountants; to remove references to registered public accountants; to amend Chapter 40 of Title 43 of the O.C.G.A., relating to real estate brokers and salespersons; to amend Article 13 of Chapter 1 of Title 7 of the O.C.G.A., relating to licensing of mortgage lenders and mortgage brokers, to amend Chapter 12 of Title 16 of the O.C.G.A., relating to offenses against health and morals; to provide for

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 478. By Senators Thomas of the 54th, Hamrick of the 30th, Smith of the 52nd, Unterman of the 45th, Levetan of the 40th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 19 of the O.C.G.A., relating to marriage generally, so as to revise certain provisions relating to application for a marriage license; to revise certain provisions relating to the filing and transmission of application supplement-marriage reports; to amend Chapter 10 of Title 31 of the O.C.G.A., to provide for the establishment of the State Office of Vital Records within the Department of Human Resources; to revise certain powers of the state registrar; to repeal Code Section 31-10-21, relating to record of marriage licenses; to repeal Code Section 31-10-22, to change references to "vital records registration system" to "State Office of Vital Records" throughout Chapter 10 of Title 31; 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 486. By Senators Seabaugh of the 28th, Hudgens of the 47th, Balfour of the 9th and Meyer von Bremen of the 12th:
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 the State Personnel Board shall establish and administer a special pay plan qualified under Section 401(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

MONDAY, MARCH 1, 2004

1349

SB 510. By Senators Harp of the 16th, Smith of the 52nd, Williams of the 19th, Kemp of the 46th, Clay of the 37th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Community Affairs, so as to require the Department of Community Affairs to investigate and refer for prosecution cases of Section 8 housing fraud and abuse; to provide for administrative and civil remedies; to provide for certain investigative powers; to provide for pretrial diversion under certain circumstances for persons accused of Section 8 fraud or abuse; 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 529. By Senators Lamutt of the 21st, Golden of the 8th and Stephens of the 51st:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Industrial Relations.

SB 531. By Senators Seabaugh of the 28th, Mullis of the 53rd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, so as to authorize the Department of Industry, Trade, and Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Economic Development & Tourism.

Representative Hembree of the 46th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the Senate:

SR 595. By Senators Crotts of the 17th, Cheeks of the 23rd, Bulloch of the 11th, Stephens of the 51st, Lamutt of the 21st and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission of this amendment for ratification or rejection; and for other purposes.

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 E 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 Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod Y 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 Y Heard, K Y Heath

Y Hill, C.A N Hill, V Y Hines N Holmes Y Houston N Howard Y Howell E Hudson N Hugley N Jackson N James N Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord N Lucas Y Lunsford N Maddox Y Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee

N Mitchell N Mobley
Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J N 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 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 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 Y Stanley-Turner N Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson 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 Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 1, 2004

N Heckstall Y Hembree N Henson Y Hill, C

Y McCall N McClinton Y Millar Y Mills

N Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 127, nays 48. The motion prevailed.

1351
Y Williams, R Y Wix Y Yates
Coleman, Speaker

Representative Moraitakis of the 42nd, Post 4 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Burkhalter of the 36th arose to a point of personal privilege and addressed the House.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1443. By Representatives Martin of the 37th, Burkhalter of the 36th, Jones of the 38th, Campbell of the 39th, Willard of the 40th and others:
A RESOLUTION commending the Milton High School boys tennis team on their 2003 AAAAA state championship and inviting the team and its coach to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1444. By Representatives Thomas Morgan of the 33rd, Post 2, Teilhet of the 34th, Post 2, Manning of the 32nd, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:
A RESOLUTION commending Kennesaw State University's Adult Learner Student Organization; recognizing April 9, 2004, as "Adult Learner Day"; inviting the president of Kennesaw State University, Dr. Betty Siegel, to appear before the House of Representatives; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1321. By Representatives Oliver of the 56th, Post 2, Henson of the 55th, Mitchell of the 61st, Post 3, Mangham of the 62nd and Williams of the 61st, Post 2:
A BILL to amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that municipalities may not annex in counties with populations between 625,000 and 725,000 except upon the approval of the county governing authority; and for other purposes.

The report of the Committee, which was favorable to the 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 N Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges Y Brock N Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D N Buckner, G N Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas Y Chambers E Channell

Y Day Y Dean Y Deloach
Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner
Dukes Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Floyd, J Fludd N Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell Y Heard, J

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard N Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane N Lewis Y Lord
Lucas N Lunsford N Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey

Y Mitchell N Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham N Parrish
Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray N Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch.

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard

Y Childers Y Coan Y Coleman, B Y Cooper N Crawford N Cummings

MONDAY, MARCH 1, 2004

Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

N Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

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Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 135, nays 31. The Bill, having received the requisite constitutional majority, was passed.

HB 1588. By Representatives Amerson of the 9th, Parham of the 94th, Bridges of the 7th and Fleming of the 79th:
A BILL to amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, so as to change certain provisions relating to design of the license plate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-2-62 of the Official Code of Georgia Annotated, relating to special license plates for members of the General Assembly, is amended by striking said Code section and inserting in its place the following:
"40-2-62. (a) The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owners registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the

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local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Each valid license plate issued under this Code section prior to January 1, 2005, shall be surrendered during the members registration period in calendar year 2005. On and after January 1, 2005, the design of all license plates issued under this Code section shall be the Capitol Dome placed to the left of the members district number on the license plate. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80. (b) Notwithstanding the provisions of Code Section 40-2-31, a member may retain his or her previously issued license plate until January 1, 2005."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes E Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart N Elrod Y Epps Y Fleming

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F

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 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 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 Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 1, 2004

Y Floyd, H Floyd, J
Y Fludd N Forster Y Franklin Y Gardner
Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis N 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 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 N Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Shaw Y Sheldon

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Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Scott of the 138th 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 Forster of the 3rd, Post 1 stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1263. By Representative Golick of the 34th, Post 3:
A BILL to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; and for other purposes.

The following Committee substitute was read and adopted:

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JOURNAL OF THE HOUSE

A BILL
To amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, so as to define the term "claim against a policy"; 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 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain property insurance policies, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) As used in this Code section, the term: (1) 'Claim against a policy' means a contact with an insurer by the insured under the policy or an affected third party for the express purpose of seeking payment of proceeds under the terms of the policy in question. A report of loss or a question relating to coverage shall not independently establish a claim against a policy nor be considered as a claim under Article 2 of Chapter 6 of this title. (2) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required of the insured for renewal after the insurer has manifested a willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal. (2) (3) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner. (3) (4) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one

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1357

year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
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 E Channell Y Childers Y Coan Y Coleman, B Y Cooper

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
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 E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott

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 Morgan Y Thomas, A.M
Thompson 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

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Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Henson Y Hill, C

Y Millar Y Mills

Y Shaw Y Sheldon

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.

HB 1519. By Representatives Porter of the 119th, Parrish of the 102nd, Morris of the 120th, Stephens of the 124th, Post 2 and Bordeaux of the 125th:
A BILL to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Consumption Act"; to provide for a short title; to provide for definitions; to provide for limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; and for other purposes.

The report of the Committee, which was favorable to the 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
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 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 Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas

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 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L

Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 1, 2004

Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

1359
Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1326. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th, Harbin of the 80th and Lord of the 103rd:
A BILL to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to revise provisions relating to governmental privatization contracts; to provide for the invalidity of contracts entered into without compliance; to provide for an emergency exception and the circumstances under which such exception shall apply; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general organization of the executive branch of state government, so as to change provisions relating to requirements for certain privatization contracts; to change provisions for required notice; to require a competitive bidding or proposal process for such contracts; to provide for the invalidity of contracts entered into without compliance; to provide for emergency exceptions; to provide an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general organization of the executive branch of state government, is amended by striking Code Section 50-4-5, relating to notice of privatization contracts, and Code Section 50-4-6, relating to other requirements for privatization contracts, and inserting in their place new Code sections to read as follows:
"50-4-5. (a) As used in this Code section, the term:
(1) 'Institution' means any physical facility operated by the executive branch of state government which is used in the delivery of any governmental services and which has an annual operating budget in excess of $1 million. (2) 'Program' means any program operated by the executive branch of state government at a cost in excess of $5 million per year. (b) Before any department, agency, authority, or other unit of the executive branch enters into any contract to privatize the operation of any institution or program, the department, agency, authority, or other unit shall give written notice of the proposed privatization to the President of the Senate, the Speaker of the House, and the appropriate legislative overview committee, if any. Such notice shall be given at least 60 days prior to entering into the contract to privatize the operation of the institution or program. (c) This Code section shall not apply with respect to any privatization effort begun prior to July 1, 1997 2004, or to the renewal of any contract or agreement for the privatization of an institution or program. (d)(1) The provisions of this Code section shall be mandatory and binding with respect to its subject matter. Any contract entered into in violation of this Code section shall be void in its entirety. The only exceptions to this Code section shall be the exception specified in subsection (c) and an emergency exception as provided in this subsection. (2) The emergency exception specified in this subsection shall apply only if there exists an imminent peril to person or property which can be avoided only through noncompliance with this Code section; and in order for this exception to apply the Governor must by executive order make a prior written finding to such effect. Such executive order shall recite with particularity the specific facts of such imminent peril, such as, for example: (A) a specific substantial likelihood that specific persons will suffer adverse risks to their health or physical safety if the contract is not entered into without compliance; or (B) a specific substantial likelihood that specific property of the state or specific persons will be damaged or lost if the contract is not entered into without compliance.
50-4-6. (a) As used in this Code section, the term 'institution' means any physical facility operated by the executive branch of state government which is used in the delivery of

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1361

any governmental services and which has an annual operating budget in excess of $1 million. (b) No contract between a state agency and a private provider or vendor for the operation of all or part of an institution under the control of the agency shall be entered into unless it is preceded by a feasibility study which makes the following findings:
(1) That the state employees who are employed in the operation of the institution prior to the transfer of operation to the private provider or vendor will have a reasonable opportunity to apply for continued employment either with the state or with the private provider or vendor; or (2) That any state employees who are displaced or discharged from employment as a result of the transfer of operation to the private provider or vendor will be eligible for participation in an employment assistance program to be implemented by the state and coordinated by the Department of Labor and which shall be designed to assist such persons in securing other employment. The program shall include such educational programs, vocational skills programs, apprenticeship training programs, on-the-job training programs, job search and job development programs, and other occupational training or retraining programs as are determined by the Department of Labor to best promote the goals of employability and employment of such persons. (c) No contract between a state agency and a private provider or vendor for the operation of all or part of an institution under the control of the agency shall be entered into unless it is publicly advertised and: (1) Competitively bid; or (2) Subject to a competitive request for proposals process. (d) The provisions of this Code section shall be mandatory and binding with respect to its subject matter. Any contract entered into in violation of this Code section shall be void in its entirety. The only exception to this Code section shall be an emergency exception as provided in this subsection. The emergency exception specified in this subsection shall apply only if there exists an imminent peril to person or property which can be avoided only through noncompliance with this Code section; and in order for this exception to apply the Governor must by executive order make a prior written finding to such effect. Such executive order shall recite with particularity the specific facts of such imminent peril, such as, for example: (1) a specific substantial likelihood that specific persons will suffer adverse risks to their health or physical safety if the contract is not entered into without compliance; or (2) a specific substantial likelihood that specific property of the state or specific persons will be damaged, destroyed, or lost if the contract is not entered into without compliance."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to contracts entered into on or after that date.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E 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 N Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish
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 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 Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, the ayes were 169, nays 1.

MONDAY, MARCH 1, 2004

1363

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ehrhart of the 28th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1068. By Representatives Buckner of the 109th, Hugley of the 113th, Smyre of the 111th, Buck of the 112th, Smith of the 110th and others:
A BILL to amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; to provide for exceptions; 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 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b)(1) In order to assist the boards of education of county and independent school systems, upon their request, the state board is authorized to make comprehensive studies to determine the need for and the location of public school buildings, to determine the safety and educational requirements of public school buildings, to plan

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the methods of financing the cost of constructing and equipping such buildings, and to establish a code of school building practices and standards. (2) Each school site in this state shall have at least two separate means of access to a public street or road. The Department of Transportation shall review and approve proposed access to any road of the state highway system before a proposed site is purchased for a school site; provided, however, that a school system may waive such requirement for property purchased prior to July 1, 2004. Any school facility upon which construction was begun prior to July 1, 2004, shall be exempt from the provisions of this paragraph."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Buckner of the 109th et al., was read:

A BILL
To amend Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, so as to provide that each school building shall have at least two means of access to a public street or road; to provide for the review of sites by the Department of Transportation; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-16 of the Official Code of Georgia Annotated, relating to the acceptance and allotment of federal aid and other funds for school construction, determining needs, planning financing, building code, and safety inspections and recommendations, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b)(1) In order to assist the boards of education of county and independent school systems, upon their request, the state board is authorized to make comprehensive studies to determine the need for and the location of public school buildings, to determine the safety and educational requirements of public school buildings, to plan the methods of financing the cost of constructing and equipping such buildings, and to establish a code of school building practices and standards.

MONDAY, MARCH 1, 2004

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(2) Each new public school site in the state shall have at least two separate means of access to a public street or road, only one of which may be on a developmental highway, as such term is defined in Code Section 32-4-22. Provided, however, at least one of the means of access to a public road or street can be a non-roadway if said non-roadway access is sufficient to evacuate in a timely manner all students and school personnel in an emergency situation. Prior to acquiring property for the construction of a school building, the local board of education shall submit a map of the site to the Department of Transportation for an on-site review and approval. The Department of Transportation shall respond in writing within 30 days of the submission. Such approval shall be presumed granted if no response has been received within 30 days after submission. Any property acquired prior to July 1, 2004, shall be exempt from the provisions of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Skipper of the 116th and Buckner of the 109th move to amend the Floor substitute to HB 1068 as follows:
On page 1, line 19 delete the words "Each new school site", and insert, in lieu thereof, the words: "Unless otherwise approved by majority vote of the local board of education, each new public school site..."

Representatives Walker of the 115th and Buckner of the 109th move to amend the Floor substitute to HB 1068 as follows:
By adding after 32-4-22. on line 21, page 1, the following: "Provided, however, at least one of the means of access to a public road or street can be a non-roadway if said nonroadway access is sufficient to evacuate in a timely manner all students and school personnel in an emergency situation."

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.

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On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers E Channell Y Childers N Coan
Coleman, B N Cooper N Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y 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 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
Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T 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 Morgan Y Thomas, A.M
Thompson 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 Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others:

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A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain landscape irrigation systems without rain sensor shut-off switches; to provide for punishment for violations; 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 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by inserting a new Code section to read as follows:
"12-5-6. (a) As used in this Code section, the term 'rain sensor shut-off switch' means an electric device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has fallen. (b) On and after January 1, 2005, no person shall install within the Metropolitan North Georgia Water Planning District area created under Article 10 of this chapter any landscape irrigation system that does not have a rain sensor shut-off switch. (c) Any person who installs any landscape irrigation system in violation of this Code section shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Drenner of the 57th, was read:

A BILL To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated,

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JOURNAL OF THE HOUSE

relating to general provisions relative to water resources, so as to prohibit the installation of certain landscape irrigation systems without rain sensor shut-off switches; to provide for punishment for violations; 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 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by inserting a new Code section to read as follows:
"12-5-6. (a) As used in this Code section, the term 'rain sensor shut-off switch' means an electric device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has fallen.
(b)(1) On and after January 1, 2005, no person shall install within the Metropolitan North Georgia Water Planning District area created under Article 10 of this chapter any landscape irrigation system that does not have a rain sensor shut-off switch. (2) Paragraph (1) of this subsection shall not apply to landscape irrigation systems installed on golf courses. (c)(1) Any person who installs any landscape irrigation system in violation of this Code section shall be liable for a civil penalty not exceeding $1,000.00 per violation. (2) The magistrate and municipal courts shall have jurisdiction in such cases."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

By unaminous consent, further consideration of HB 1277 was postponed until later in the legislative day.

HR 1346. By Representatives McBee of the 74th, Greene of the 134th, Purcell of the 122nd and Holmes of the 48th, Post 1:
A RESOLUTION urging the State Superintendent of Schools and the State Board of Education to study the issue of developing and implementing a standard grading system for Georgia's K-12 public education system; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, MARCH 1, 2004

1369

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y 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 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 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
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 E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 166, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

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:

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JOURNAL OF THE HOUSE
A RESOLUTION recognizing Hepatitis C Awareness and Education Month and urging the Division of Public Health of the Department of Human Resources to undertake certain related studies; and for other purposes.

The following Committee substitute was read:

A RESOLUTION
Recognizing Hepatitis C Awareness and Education Month and urging the Division of Public Health of the Department of Human Resources to undertake certain related studies; and for other purposes.
WHEREAS, Hepatitis C is a "silent epidemic" and is the most common chronic bloodborne viral infection in the United States; and
WHEREAS, Hepatitis C virus infection is a life-threatening disease that the Centers of Disease Control and Prevention conservatively estimate affects 4,000,000 persons in the United States; and
WHEREAS, there are approximately 41,000 newly infected Hepatitis C patients per year as of 2002; and
WHEREAS, Hepatitis C infections accounted for approximately 25,000 deaths per year in 2002 and is predicted to cause 30,000 annual deaths within ten years; and
WHEREAS, Hepatitis C infection is three to four times more prevalent in the United States than HIV/AIDS, and approximately one third of all HIV infected persons are coinfected with HCV; and
WHEREAS, 85 percent of Hepatitis C virus-infected persons are chronically infected; and
WHEREAS, infected individuals serve as a source of transmission to others; and
WHEREAS, very few of those infected with Hepatitis C virus are aware that they are infected, since symptoms often do not develop until ten to 20 years after the infection is contracted; and
WHEREAS, infected individuals who are unaware that they are infected are unlikely to take precautions to prevent the spread or exacerbation of their infection; and

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WHEREAS, no vaccine is available for Hepatitis C virus; and
WHEREAS, Hepatitis C is now a leading cause of liver disease, placing infected individuals at elevated risk for chronic liver disease, liver cancer, and other Hepatitis C virus related illnesses; and
WHEREAS, Hepatitis C affects rural populations disproportionately and Georgia has 117 counties which are medically underserved; and
WHEREAS, detection is possible through blood screenings and treatment is effective in 10 to 40 percent of infected persons; and
WHEREAS, Hepatitis C should be treated as the public health crisis it has become, and government should take a proactive role in prevention education and making treatment available for those already infected with Hepatitis C; and
WHEREAS, the House of Representatives is concerned with preserving and protecting the health of the citizens of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body recognize the month of October as Hepatitis C Awareness and Education Month.
BE IT FURTHER RESOLVED that the Division of Public Health of the Department of Human Resources is urged to undertake a study of the public health impact of Hepatitis C in the State of Georgia and the need for programs or policies to enhance education, awareness, detection, and prevention of the disease in the general population.
BE IT FURTHER RESOLVED that the Division of Public Health of the Department of Human Resources is urged to undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation as necessary or appropriate.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Division of Public Health of the Department of Human Resources.

The following amendment was read:

Representative Franklin of the 17th moves to amend the Committee substitute to HR 701 as follows:

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Page 2 Line 22 After "detection," add:
"quarantine,".

JOURNAL OF THE HOUSE

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe N Bannister
Barnard Y Barnes
Beasley-Teague N Benfield N Birdsong N Black
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 N Burkhalter N Burmeister N Butler Y Campbell
Casas N Chambers E Channell N Childers Y Coan N Coleman, B N Cooper N Crawford N Cummings

N Day N Dean
Deloach Dix N Dodson Dollar N Dooley Y Douglas N Drenner Dukes Ehrhart N Elrod N Epps N Fleming N Floyd, H Floyd, J N Fludd N Forster Y Franklin N Gardner Y Golick N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J N Heard, K Heath N Heckstall N Hembree N Henson Y Hill, C

N Hill, C.A N Hill, V Y Hines
Holmes N Houston N Howard N Howell E Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan N Joyce Y Keen Y Knox N Lane Y Lewis Y Lord Y Lucas Y Lunsford N Maddox N Mangham N Manning N Marin N Martin N Massey N Maxwell N McBee N McCall N McClinton Y Millar N Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B
Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons N Porter N Powell N Purcell N Ralston N Randall
Ray N Reece, B
Reece, S N Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal
Rynders N Sailor N Scott N Shaw N Sheldon

N Sholar N Sims N Sinkfield N Skipper N Smith, B
Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L
Walker, R.L N Warren N Watson N 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 28, nays 130. The amendment was lost.

MONDAY, MARCH 1, 2004

1373

Due to a mechanical malfunction, the vote of Representative Dollar of the 31st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Elrod Y Epps Y Fleming 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 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 E Hudson Y Hugley Y Jackson Y James
Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N 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
Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
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

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JOURNAL OF THE HOUSE

On the adoption of the Resolution, by substitute, the ayes were 164, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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 Mountain area and one member must have a degree or background in botany; and for other purposes.

The report of the Committee, which was favorable to the 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
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
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 E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

E Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 1, 2004

Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 173, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 1677. By Representatives Thomas Morgan of the 33rd, Post 2, Holmes of the 48th, Post 1, Ashe of the 42nd, Post 2 and Hugley of the 113th:
A BILL to amend Code Section 20-2-151 of the Official Code of Georgia Annotated, relating to general and career education programs authorized for funding and the purposes of such programs, so as to require attendance in kindergarten before enrolling in first grade; and for other purposes.

Referred to the Committee on Education.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Institutions & Property:

HB 1565. By Representatives Lunsford of the 85th, Post 2, Howell of the 92nd and Yates of the 85th, Post 1:
A BILL to amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease muncipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

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JOURNAL OF THE HOUSE

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 1277. By Representatives Drenner of the 57th, Manning of the 32nd, McCall of the 78th, Buckner of the 109th, Smith of the 87th and others:
A BILL to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain irrigation systems without rain sensor shut-off switches; and for other purposes.

The following amendments were read and adopted:

Representative Drenner of the 57th and Walker of the 115th move to amend the Floor substitute to HB 1277 as follows:
By adding after the word "to" on line 17 the word "either" and by deleting the period at the end of line 18 and by adding at the end of this sentence: ", or any system dependent upon a non-public water source."

Representatives Westmoreland of the 86th and Graves of the 10th move to amend the Floor substitute to HB 1277 as follows:
Page 1 after system line 16 add "equipped with an electronic controller"
line 19 change "any", (before landscape) to "a"
After "system" Add
"equipped with an electronic controller"
line 20 strike $1,000.00 change to $100.00.

The Floor substitute, as amended, was adopted.

MONDAY, MARCH 1, 2004

1377

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:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler Y Campbell N Casas N Chambers E Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach
Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T 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 Y Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell E Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin N Massey N Maxwell Y McBee Y 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 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 N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper 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 Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 31.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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JOURNAL OF THE HOUSE

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 1446. By Representatives Walker of the 115th, O`Neal of the 117th, Ray of the 108th, Floyd of the 132nd and James of the 114th:
A RESOLUTION commending Mr. Billy G. Edenfield and congratulating him on the occasion of his retirement; and for other purposes.

HR 1447. By Representative Walker of the 115th:
A RESOLUTION expressing congratulations and best wishes to Mrs. Marie Bell Marshall on the grand occasion of her 100th birthday; and for other purposes.

HR 1448. By Representative Ashe of the 42nd, Post 2 and Holmes of the 48th, Post 1:
A RESOLUTION recognizing and commending the Georgia Association of Educational Leaders on its 30th anniversary; and for other purposes.

HR 1449. By Representatives Bunn of the 63rd, Mangham of the 62nd, Stephenson of the 60th, Post 1, Watson of the 60th, Post 2 and Greene-Johnson of the 60th, Post 3:
A RESOLUTION commending Andy Anderson, Nimesh Patel, Scott Wiginton, Matthew Battaglia, Austin Hutchinson, and John Bailey Jr. for their heroic action; and for other purposes.

HR 1450. By Representatives Ray of the 108th and Jenkins of the 93rd:
A RESOLUTION commending and recognizing Fulton County Police Officer Charles M. "Chuck" Cook, Jr.; and for other purposes.

MONDAY, MARCH 1, 2004

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HR 1451. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th, Buck of the 112th and others:
A RESOLUTION designating March 11, 2004, as "Atlanta Motor Speedway Day" and recognizing the Atlanta Motor Speedway for its many contributions to the State of Georgia; and for other purposes.

HR 1452. By Representatives Bannister of the 70th, Post 1, Heard of the 70th, Post 3 and Casas of the 68th:
A RESOLUTION commending Police Chief Ronald H. Houck; and for other purposes.

HR 1453. By Representatives Maddox of the 59th, Post 2 and McClinton of the 59th, Post 1:
A RESOLUTION commending the Reverend Jack Marks and Thankful Missionary Baptist Church; and for other purposes.

Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

Your Committee on Higher Education has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1011 Do Pass HB 1547 Do Pass

HB 1582 Do Pass HR 1344 Do Pass

Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:

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Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1126 Do Pass HB 1355 Do Pass

HB 1450 Do Pass, by Substitute HB 1451 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1036 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1383 Do Pass HR 1441 Do Pass

MONDAY, MARCH 1, 2004
Respectfully submitted, /s/ Smyre of the 111th
Chairman

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The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1383. By Representatives Hill of the 16th, Murphy of the 14th, Post 2, Rogers of the 15th, Franklin of the 17th, Knox of the 14th, Post 1 and others:
A RESOLUTION inviting the family of Honorable William G. "Bill" Hasty, Sr., to appear before the House of Representatives; and for other purposes.

HR 1441. By Representatives Bordeaux of the 125th, Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Purcell of the 122nd, Stephens of the 123rd and others:
A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee, Chairman Vincent Powers, the 2004 St. Patrick's Day Parade's Grand Marshal Father Joseph F. Ware, and inviting them to appear before the House of Representatives; and for other purposes.

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned until 10:00 o'clock A.M. the next legislative day.

1382

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Tuesday, March 2, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by the Reverend John A. Haney, Senior Pastor, Gray United Methodist Church, Gray, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1662. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Wilkinson of the 41st, Parsons of the 29th and others:
A BILL to amend an Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents, so as to increase the amount of said exemption to $22,000.00; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1663. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act incorporating the City of Odum, so as to change provisions relating to certain committees and chairs thereof and relating to mayoral voting; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1664. By Representatives Ralston of the 6th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount of such fees; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1665. By Representatives Ralston of the 6th and Crawford of the 91st:
A BILL to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to the recording, payment, and certification where

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encumbered real property is located in more than one county or located within and outside the state, so as to provide that the intangible recording tax may be prorated among the counties in which the real property is located; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1666. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1667. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray 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 1668. By Representatives Jenkins of the 8th and Bridges of the 7th:
A BILL to amend an Act creating the White County Water and Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1669. By Representatives Black of the 144th, Ray of the 108th, Roberts of the 131st, Purcell of the 122nd and James of the 114th:
A BILL to amend Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodities promotion, so as to change certain provisions relating to assessments to defray expenses, borrowing in anticipation of collections, use and repayment of contributions in lieu of advance deposits, collection and enforcement of assessments generally, disposition and investment of proceeds, and audits; to change certain provisions relating to collection of assessments by civil actions and penalties for delinquent payment; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 1670. By Representative Lucas of the 105th:
A BILL to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to provide for certain establishments to determine their own policies on smoking; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1671. By Representatives Parrish of the 102nd, Skipper of the 116th, Lucas of the 105th, Burkhalter of the 36th, Keen of the 146th and others:
A BILL to amend Code Section 46-4-161 of the Official Code of Georgia Annotated, relating to the universal service fund for natural gas, so as to provide that the purposes of the universal service fund include extending gas service to areas where gas service is not available or is not sufficiently available to encourage economic development; to provide that the Public Service Commission shall consider in determining the amount of the fund for each fiscal year the amount required for disbursements related to the costs of economic development extensions of gas service; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

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HB 1672. By Representative Gardner of the 42nd, Post 3:
A BILL to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to registration provisions for architects and interior designers, so as to provide for registration of an architect who has been registered in another jurisdiction and who has education and training substantially equivalent to that required for registration; to authorize the establishment and maintenance of the architect and interior designer education, research, and recovery fund; and for other purposes.

Referred to the Committee on Governmental Affairs.

HB 1673. By Representatives Knox of the 14th, Post 1, Murphy of the 14th, Post 2, Jones of the 38th, Moraitakis of the 42nd, Post 4, Mangham of the 62nd 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 persons sentenced pursuant to Article 3 of Chapter 8 of Title 42, relating to first offenders; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1674. By Representatives Dodson of the 84th, Post 1, Childers of the 13th, Post 1 and Barnes of the 84th, Post 2:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1674. This notice is made prior to or upon reading the Bill the first time.

TUESDAY, MARCH 2, 2004
/s/ Representative Dodson District 84, Post 1

1387

Referred to the Committee on Health & Human Services.

HB 1675. By Representatives Rogers of the 20th, Amerson of the 9th and Reece of the 21st:
A BILL to amend an Act creating a new charter for the City of Gainesville and creating the City of Gainesville School District, so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1676. By Representative Heath of the 18th:
A BILL to create the Haralson County School Building 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 1678. By Representatives Boggs of the 145th and Bordeaux of the 125th:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor and felony cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change provisions relating to the challenges for cause; to change provisions relating to challenges for cause in civil cases; to change provisions relating to questions on voir dire and setting aside juror for cause; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to

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provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1678. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Boggs District 145

Referred to the Committee on Judiciary.

HB 1679. By Representative Harrell of the 54th:
A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2008; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1679. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Harrell District 54

Referred to the Committee on Health & Human Services.

TUESDAY, MARCH 2, 2004

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HB 1680. By Representative McCall of the 78th:
A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1681. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Washington, Georgia, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1682. By Representative McCall of the 78th:
A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1683. By Representative McCall of the 78th:
A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1684. By Representatives Walker of the 115th, O`Neal of the 117th, James of the 114th and Ray of the 108th:
A BILL to amend an Act relating to the Perry-Houston County Airport Authority, so as to change certain provisions relating to the membership of the authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1685. By Representatives Brown of the 89th and Smith of the 110th:
A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1686. By Representatives Rogers of the 15th, Brock of the 5th, Lewis of the 12th, Graves of the 10th and White of the 3rd, Post 2:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Chapter 7, relating to income tax; to prohibit the levy or collection of income taxes; and for other purposes.

Referred to the Committee on Ways & Means.

HR 1445. By Representatives Sholar of the 141st, Post 1, Royal of the 140th, Broome of the 141st, Post 2 and Greene of the 134th:
A RESOLUTION creating the Joint Study Committee on Economic Development of the Lower Muskogee Creek Indian Tribe and Southwest Georgia; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

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HR 1454. By Representative Birdsong of the 104th:
A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1454. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Transportation.

HR 1455. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1455. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Transportation.

HR 1456. By Representative Birdsong of the 104th:

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A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes.

3/1/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1456. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Birdsong District 104

Referred to the Committee on Transportation.

HR 1457. By Representatives Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for public funding of social services provided by religious or sectarian organizations pursuant to contracts for the provision of such services and to provide for conditions and requirements relative to such contracts; to provide that the General Assembly may appropriate federal funds received by the state; and for other purposes.

3/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1457. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Skipper District 116

Referred to the Committee on Rules.

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1393

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1649 HB 1654 HB 1655 HB 1657 HB 1658 HB 1659

HB 1660 HB 1661 HB 1677 HR 1424 HR 1439 HR 1440 HR 1442 SB 439 SB 449 SB 478 SB 486 SB 510 SB 529 SB 531

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Resolution of the House be engrossed:

HR 1440. By Representatives Birdsong of the 104th, Parham of the 94th and Jenkins of the 93rd:
A RESOLUTION designating the Bill Conn Parkway; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 1245 Do Pass HB 1246 Do Pass HB 1247 Do Pass

JOURNAL OF THE HOUSE
HR 1283 Do Pass HR 1343 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1494 Do Pass HB 1629 Do Pass HB 1630 Do Pass

HB 1650 Do Pass SB 549 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, MARCH 2, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 1179 Crimes against public school employees; school property; redefine

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HB 1206 HB 1287 HB 1348 HB 1362 HB 1507 HB 1555 HB 1599 HR 1256
HR 1322
HR 1401 HR 1402

Bail bond business; allow attorneys to indirectly engage in but not manage Motor vehicles; red or blue lights; restrictions; exemptions Insurers; food or refreshments at seminars; provisions Lifetime sportsman's licenses; certain nonresidents; provisions Seed-Capital Fund; comprehensive revision of provisions State-wide Reserve Ratio; employer contribution rate; surcharge State service delivery regions; change regions 7 and 12 National preserve; Ocmulgee and Altamaha Rivers; urge Congress to create Special license plates; revenue dedication; certain nonprofit organizations - CA Dove hunting; state-wide uniform open season dates; urge adoption Regional development centers; ratify boundaries

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 1494. By Representatives Snow of the 1st and Joyce of the 2nd:
A BILL to amend an Act creating the Walker County Rural Water and Sewer Authority, so as to change provisions relating to the members of the authority and their selection; to change provisions relating to vacancies; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1629. By Representative Hanner of the 133rd:

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A BILL to reconstitute the Board of Education of Terrell County; to change the description of the education districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1630. By Representative Hanner of the 133rd:
A BILL to provide a new Charter for the City of Preston in the County of Webster; and for other purposes.

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 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1650. By Representatives Richardson of the 26th, Teilhet of the 34th, Post 2, Manning of the 32nd, Dollar of the 31st, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to add an additional judge to Division 1 of the State Court of Cobb County; to add an additional judge to the second division of the State Court of Cobb County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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SB 549. By Senator Mullis of the 53rd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide 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 138, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 230. By Senators Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to amend the "City of Atlanta and Fulton County Recreation Authority Act," approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, so as to provide for certain limitations with respect to the powers of the authority; to prohibit the authority from incurring new debt; to limit the number of employees of the authority and the amount which may be expended by the authority for employee salaries; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County

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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 498. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the provisions relating to the jurisdiction of the municipal court; to delete references in the charter to the City Court of Atlanta; to change the provisions relating to the victims and witnesses assistance program and the operation thereof; to provide for appointments by the mayor as a result of court consolidation and the procedures related thereto; to repeal an Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance programs, approved June 4, 2003 (Ga. L. 2003, p. 4721); to provide an effective date; to provide for repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.
SB 501. By Senators Price of the 56th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal conflicting laws; and for other purposes.
SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes.
SB 548. By Senators Unterman of the 45th and Kemp of the 46th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to provide for a municipal court and the judges thereof; to provide for

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1399

jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under 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 553. By Senators Williams of the 19th and Kemp of the 46th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1449. By Representative Porter of the 119th:
A BILL to amend an Act providing a new charter for the City of Dudley, in the County of Laurens, so as to annex certain territory into the City of Dudley and thereby change the corporate limits of such city; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 668. By Senator Dean of the 31st:
A RESOLUTION designating a portion of SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.
SR 781. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.
SR 787. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.
SR 797. By Senator Seabaugh of the 28th:

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A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; 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 230. By Senators Price of the 56th, Tanksley of the 32nd and Moody of the 27th:
A BILL to be entitled an Act to amend the "City of Atlanta and Fulton County Recreation Authority Act," approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, so as to provide for certain limitations with respect to the powers of the authority; to prohibit the authority from incurring new debt; to limit the number of employees of the authority and the amount which may be expended by the authority for employee salaries; 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 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 498. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, so as to change the provisions relating to the jurisdiction of the municipal court; to delete references in the charter to the City Court of Atlanta; to

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1401

change the provisions relating to the victims and witnesses assistance program and the operation thereof; to provide for appointments by the mayor as a result of court consolidation and the procedures related thereto; to repeal an Act amending the Act providing a new charter for the City of Atlanta by providing for additional penalties for victims and witnesses assistance programs, approved June 4, 2003 (Ga. L. 2003, p. 4721); to provide an effective date; to provide for repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

SB 501. By Senators Price of the 56th and Levetan of the 40th:
A BILL to be entitled an Act to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

SB 511. By Senators Bulloch of the 11th, Hill of the 4th, Seabaugh of the 28th, Balfour of the 9th, Gillis of the 20th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural support facilities shall not be or become nuisances due to changed conditions in or around the locations of such facilities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

SB 548. By Senators Unterman of the 45th and Kemp of the 46th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Bethlehem, approved April 21, 1967 (Ga. L. 1967, p. 3412), so as to

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provide for a municipal court and the judges thereof; to provide for jurisdiction of such court; to provide for a clerk; to provide for bail; to provide for punishments; to provide for a town jail; to provide for the issuance of subpoenas and warrants and the execution of judgments; to provide for staggered terms of office for the members of the town council; to require submission for preclearance under 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 553. By Senators Williams of the 19th and Kemp of the 46th:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SR 668. By Senator Dean of the 31st:
A RESOLUTION designating a portion of SR 101 in Paulding County as the John D. Smith Highway; and for other purposes.

Referred to the Committee on Transportation.

SR 781. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.

3/2/2004

TUESDAY, MARCH 2, 2004

1403

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SR 781. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Westmoreland District 86

Referred to the Committee on Transportation.

SR 787. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

3/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SR 787. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Ralston District 6

Referred to the Committee on Transportation.

SR 797. By Senator Seabaugh of the 28th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.

Mr. Clerk:

3/2/2004

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Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SR 797. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Westmoreland District 86

Referred to the Committee on Transportation.

Representative Wilkinson of the 41st arose to a point of personal privilege and addressed the House.

Representative Richardson of the 26th 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.

Representative Borders of the 142nd 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.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1283. By Representatives Thomas of the 43rd, Post 1, Brooks of the 47th, Channell of the 77th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2 and others:
A RESOLUTION honoring Mrs. Mary Sallie Clark Hughes and inviting her to appear before the House of Representatives; and for other purposes.

TUESDAY, MARCH 2, 2004

1405

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1458. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION commending the Georgia Peach Festival and inviting the 2003 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

Representative Skipper of the 116th assumed the chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1206. By Representatives Buck of the 112th and Powell of the 23rd:
A BILL to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, so as to remove attorneys from the listing of prohibited persons; to provide that attorneys may indirectly engage in the bail bond business but may not directly manage a bail bond business; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, so as to change the classes of persons so prohibited; to allow attorneys to have an ownership interest in a bail bond business; to prohibit attorneys from engaging in the day-to-day operation of a bail bond business; to prohibit attorneys from representing clients who obtain bond from a bail bond business in which the attorney has an ownership interest; to provide for a criminal penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to persons who may not engage in the bail bond business, is amended, by striking the Code section in its entirety and inserting the following in place thereof:
"45-11-8. (a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. (a) It shall be unlawful for the following persons to engage either directly or indirectly in the bail bond business:
(1) Elected officials; (2) Jailers or persons employed in any jail; (3) Law enforcement officers or employees of any law enforcement department; or (4) Employees of a court or employees of the clerk of any court. (b) An attorney who has an ownership interest in a bail bond business is not permitted to participate in or be associated with the day-to-day operations of the bail bond business, including but not limited to the charging or collecting of surety fees and the surrender or capture of the principal and may not hold himself or herself out as a signer of sureties of bonds. (c) An attorney may not represent a client in a criminal case in which the bail bond business in which the attorney has an ownership interest has posted the bond for said client; nor may an attorney represent a client in any civil forfeiture matter arising out of the forfeiture of any bond which was posted in the underlying criminal case by the bail bond business in which the attorney has an ownership interest. (b)(d) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield
Skipper Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Black Boggs
Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck Y Buckner, D
Buckner, G N Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan
Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 2, 2004

Dukes Y Ehrhart N 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
Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F 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 N Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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 N Rynders
Sailor N Scott Y Shaw Y Sheldon

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Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 152, nays 9.
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 "aye" thereon.

The Speaker assumed the Chair.

HB 1179. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Stephens of the 123rd, Channell of the 77th and Buckner of the 82nd:
A BILL to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an

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offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and established public school bus stops; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the victim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and certain public school bus stops; 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. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended in Code Section 16-5-20, relating to simple assault, by inserting a new subsection to be designated subsection (f) to read as follows:
"(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as established by local school boards of education."
SECTION 2. Said chapter is further amended in Code Section 16-5-23, relating to simple battery, by inserting a new subsection to be designated subsection (i) to read as follows:
"(i) Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a

TUESDAY, MARCH 2, 2004

1409

misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as established by local school boards of education."
SECTION 3. Said chapter is further amended in Code Section 16-5-23.1, relating to battery, by striking subsection (i) and inserting in lieu thereof the following:
"(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, 'school property' shall include public school buses and public school bus stops as established by local school boards of education."
SECTION 4. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary schools, is amended by striking Code Section 20-2-1181, relating to disruption of public schools, and inserting in lieu thereof the following:
"20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as established by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 5. This Act shall become effective on July 1, 2004, and shall apply to offenses committed on or after such date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes

Y Day Y Dean
Deloach Dix Y Dodson Y Dollar

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L

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Y Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome N Brown
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

Y Dooley N Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N 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

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 Y Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson 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 passage of the Bill, by substitute, the ayes were 153, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 1322. By Representative Parham of the 94th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for specific purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state; to change certain provisions relating to an indemnification fund for public school teachers, administrators, and employees who are killed or permanently disabled in the line of duty; to change certain provisions relating to a dog and cat reproductive sterilization support program; and for other purposes.

TUESDAY, MARCH 2, 2004 The following Committee substitute was read and adopted:

1411

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for stated purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution, relating to appropriations for specific sums, is amended by adding a new paragraph to read as follows:
"(n) The General Assembly may provide by law for the issuance and renewal of special motor vehicle license plates which motor vehicle owners may optionally purchase and renew for additional fees. The General Assembly may provide for all or a portion of the net revenue, as defined by the General Assembly, derived from the additional fees charged for any such special license plate to be dedicated to a general purpose related to the nature of the special license plate, as intended by the authorizing statute. Revenue which is so dedicated shall be appropriated for such purpose in the general or amended general appropriations Act. The manner of any such appropriation and the public agency to receive such appropriation shall be determined in the general or amended general appropriations Act through the general appropriations process. Any appropriation enacted pursuant to the authority of this subparagraph may be in whole or in part for the ultimate use of a nonprofit organization, without limitation by Article III, Section VI, Paragraph VI, if the General Assembly determines that the license plate program and such appropriation will benefit both the state and the nonprofit organization. Any law enacted pursuant to the authority of this subparagraph may provide that funds appropriated pursuant to such law shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c). Any statute which existed on January 1, 2005, and which created a special license plate and appropriated, or expressed an intent to appropriate, revenue shall be subject to the provisions of this subparagraph, but any such law shall also be subject to amendment or repeal by the General Assembly; provided, however, that any statute authorized by the first subparagraph (g) of Article III, Section VI, Paragraph VI (proposed by Ga. L. 2000, p. 2001, Section 1) or by subparagraph (l) or (m) of this Paragraph shall not be subject to the provisions of this subparagraph."

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SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide for special motor vehicle license plates, dedicate the revenue from such plates for stated purposes, and appropriate the revenues so dedicated, including appropriations for the ultimate use of nonprofit organizations where it is found that there will be a benefit to the state?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote

"Yes." All persons desiring to vote against ratifying the proposed amendment shall vote

"No." If such amendment shall be ratified as provided in said Paragraph of the

Constitution, it shall become a part of the Constitution of this state.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
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
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
Graves, T Y Greene Y Greene-Johnson Y 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham

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 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

TUESDAY, MARCH 2, 2004

Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, 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 "aye" thereon.

HB 1362. By Representatives Parrish of the 102nd, Hanner of the 133rd, Oliver of the 121st, Post 2, Morris of the 120th, Barnard of the 121st, Post 1 and others:
A BILL to amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman's licenses, license card carrier requirements, and lifetime sportsman's licenses, so as to change certain provisions relating to lifetime sportsman's licenses; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsmans licenses, license card carrier requirements, and lifetime sportsmans licenses, so as to change certain provisions relating to lifetime sportsmans licenses; to provide for lifetime sportsmans licenses for certain nonresidents; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsmans licenses, license card carrier requirements, and lifetime sportsmans licenses, is amended by striking subsections (e), (f), (g), and (h) and inserting in lieu thereof the following:
"(e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsmans license. An applicant for such license who is a resident shall, prior to the issuance of the license, provide satisfactory evidence of residency. An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless he or she is under 16 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsmans license. The resident grandparent who holds such a lifetime sportsmans license and who is the sponsor of a nonresident applicant for a lifetime sportsmans license must certify the nonresident applicants relationship to him or her in writing to the department. For purposes of procuring a lifetime sportsmans license, the term 'residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia drivers license or official Georgia identification card issued by the Department of Motor Vehicle Safety and at least one of the following:
(1) A voter registration card; (2) A copy of the prior years Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia drivers license. Minors under 18 years of age shall be presumed to be residents upon proof of parents residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required. (f)(1) Lifetime sportsmans licenses and fees for residents shall be as follows:
(1)(A) Type I (Infant), available only to those individuals under two years of age: $200.00; (2)(B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (3)(C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; and (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; and (4)(E) Type S (Senior), available to those individuals 65 years of age or older: no charge.

TUESDAY, MARCH 2, 2004

1415

(2) The fee for any lifetime sportsmans license for a nonresident, Type NR, shall be twice the amount of the fee for a Type A (Adult) lifetime sportsmans license for a resident. (g) Lifetime sportsmans licenses shall be valid for the lifetime of the purchaser, whether resident or nonresident. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia. (h) Any The commissioner shall revoke the lifetime sportsmans license of any person who knowingly attempts to or does purchase or obtain, obtain, or assist another person to obtain a lifetime sportsmans license by fraudulent means shall be guilty of a misdemeanor. Upon conviction, in addition to other penalties as provided for by law, his or her lifetime license shall be revoked by operation of law, without refund of any fees paid."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes 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 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 Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D
Graves, T Y Greene Y Greene-Johnson Y Hanner

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham

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 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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson

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Y Campbell 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 Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall Y McClinton Y Millar Y Mills

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 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.

Due to a mechanical malfunction, the vote of Representative Douglas of the 73rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1507. By Representatives O`Neal of the 117th, Parrish of the 102nd, Royal of the 140th and Buck of the 112th:
A BILL to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding venture capital; to provide for the substantial revision of the Seed-Capital Fund; to provide for definitions; to change certain provisions regarding handling policies regarding seedcapital funds; to change certain provisions regarding investment of such funds; to provide for fund transfers with respect to certain loans; to change certain provisions regarding use

TUESDAY, MARCH 2, 2004

1417

of such funds and certain proceeds; to repeal certain provisions regarding state insurance premium tax credits with respect to certified capital companies; 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking Chapter 10, relating to the Seed-Capital Fund, and inserting in its place a new Chapter 10 to read as follows:
"CHAPTER 10
10-10-1. As used in this chapter, the term:
(1) 'Board' means the Board of Regents of the University System of Georgia. (2) 'Center' means the Advanced Technology Development Center created by the board and acknowledged and empowered to administer the fund by Article III, Section IX, Paragraph VI(g) of the Constitution of Georgia. (3) 'Enterprise' means a corporation, partnership, limited liability company, or other legal entity that is less than five years old, that has its principal place of business in this state, and that is engaged in an entrepreneurial business, including, but not limited to, tenants of incubators. For the purposes of this chapter, an enterprise shall not be considered to be engaged in an entrepreneurial business unless it is engaged in innovative work in the areas of technology, bioscience, manufacturing, marketing, agriculture, or information related ventures that will increase the states share of domestic or international markets. An enterprise engaged primarily in business of a mercantile nature shall not be considered engaged in an entrepreneurial business. An enterprise shall be required to be young, as determined by the center. (7)(4) 'Investment entity capital 'Equity contribution' or 'capital contribution' means the:
(A) Moneys from the fund used to make direct investments by the state in qualified securities of enterprises; and (B) The capital of an investment entity contributed by the fund, as created in Code Section 10-10-3, and contributed by other investors, which capital shall be used by the investment entity to make investments in qualified securities of one or more enterprises as provided by this chapter and to pay the expenses of the investment entity but shall not include any current or accumulated income of the investment entity. (4)(5) 'Fund' means the Seed-Capital Fund created in Code Section 10-10-3. (5)(6) 'Incubator' means a facility that leases small units of space to tenants and which maintains or provides access to business development services for use by the tenants or member firms.

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(6)(7) 'Investment entity' means a limited partnership, a limited liability company, or other legal entity providing limited liability to its owners that is formed to receive, in part, an investment by the fund or an equity return of investment from a fund loan and for which a general partner or manager manages the capital equity contributions by making investments in qualified securities of one or more enterprises as permitted by this chapter and by paying the expenses of the investment entity. (8) 'Loan' means an advance of money from the fund to an enterprise on such terms as the center shall set, including, but not limited to, an absolute promise to repay the principal amount of the loan made by the recipient enterprise, and any return on investment that the center may require as a term or condition of the loan, which may include, but not be limited to, simple or compound interest or any form of equity participation. (8)(9) 'Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any of the foregoing of an enterprise. (9)(10) 'State' means the State of Georgia.
10-10-2. There is created the Seed-Capital Fund to be managed by the center under the authority of the board.
10-10-3. (a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in this chapter. Pending their use as capital equity contributions or as loans, the moneys in the fund may be invested and reinvested in accordance with the investment policies authorized by the board or its designee. The entire cost of administration of the fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys in enterprises, directly or through investment entities, may be paid from the assets of the fund. All moneys appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (b) The fund shall consist of all moneys authorized by law for deposit in the fund, including, but not limited to, gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center. (c) In return for capital equity contributions by the fund, at the discretion of the center, the state will receive either direct ownership of qualified securities of an enterprise or a

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limited liability ownership in the an investment entity with rights accruing from investments in qualified securities by an the investment entity. With respect to loans made from the fund, the state shall receive repayment of the loan in accordance with its terms, with cash proceeds or other assets from such repayments being deposited in or held through the fund. Additional returns to the state will be secured through the establishment and growth of innovative enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy of the state. (d) Disbursements from the fund shall be made upon the instruction of the center director in accordance with the policies of the board. (e) The center, subject to the approval of the board or its designee, shall be authorized to contract and have contracts and other legal documents prepared to carry out the provisions of this chapter. (f) The board shall have the authority to issue policies governing the management and operation of the fund as needed.
10-10-4. (a) The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make equity contributions through the direct purchase of qualified securities of enterprises, subject to the center assuring itself that the following conditions will be satisfied:
(1) At least $3.00 of equity contributions has been committed in writing to the enterprise by persons other than the state for every $1.00 of equity contributions committed by the state from the fund to the enterprise; (2) The center shall manage the investments of equity contributions in the qualified securities of enterprises so that the state shall not hold voting control of an enterprise; (3) The total amount of equity contributions by the state made to an enterprise that originate from the fund, either directly or indirectly through an investment entity as permitted by subsection (b) of this Code section, and that are invested in qualified securities of an enterprise should ordinarily be no more than $1 million. Total equity contributions from the fund to an enterprise, directly or indirectly through an investment entity, may be greater than $1 million if, in the judgment of the center, the enterprise is in severe financial difficulty and an investment of a greater amount is necessary to preserve the initial investment in qualified securities; (4) The amount of investment, directly or indirectly through an investment entity, by the fund in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the enterprises total qualified securities outstanding at the time such qualified securities are purchased by the fund, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise. An investment of an equity contribution from the fund may exceed 49 percent of the enterprises total qualified securities outstanding if:
(A) In the case of direct investment, in the centers judgment, such greater investment is prudent; or

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(B) In the case of indirect investment in the investment entitys judgment exercised in accordance with paragraph (5) of subsection (b) of this Code section, such greater investment is prudent; (5) The center shall invest equity contributions in qualified securities of enterprises engaged in an entrepreneurial business only after receipt of an application from the enterprise that contains: (A) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (D) Such other information as the center shall request; and (6) Approval of an equity investment may be made after the center finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the center shall make and incorporate in its records, that: (A) The proceeds of the investment or financial assistance will be used only to cover the seed-capital needs of the enterprise except as authorized by paragraph (2) of this subsection; (B) The enterprise has a reasonable chance of success; (C) The funds participation is instrumental to the success of the enterprise and its retention within the state; (D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities; (G) There is a reasonable possibility that the fund will recoup at least its initial investment or financial commitment; and (H) Binding commitments have been made to the state by the enterprise for adequate reporting of financial data to the center, which shall include a requirement for an annual report or, if required by the center, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion of the entity and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise. (b) The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make capital equity contributions to one or more investment entities whose structures, purposes, and operations are consistent with the criteria specified in this chapter. Investment entities to which the state makes a capital an equity contribution shall not expend any of the funds invested by the state unless and until the

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center has assured itself that the following conditions will be satisfied by such investment entity:
(1) Either: (A) At least $3.00 of capital equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of capital equity contribution contributions committed by the state from the fund to the investment entity; (B) At least $1.00 of capital equity contributions have has been committed in writing to the investment entity by persons other than the state for every $1.00 of capital equity contribution contributions committed by the state from the fund to an investment entity; provided, however, that no investment is to be made from such investment entity in qualified securities without an equal or greater investment in the same enterprise from sources other than the investment entity, such that, in total, at least $3.00 of investment from sources other than the state, including funds investment by the investment entity in the enterprise that are other than from capital equity contributions made by the state from the fund, have has been committed to such enterprise for every $1.00 of the states portion of the amount invested in the qualified securities of such enterprise;
(2) The total amount of capital equity contributions by the state made to an investment entity that originate from the fund and that are ultimately invested by an investment entity in qualified securities of an enterprise, when added to any amounts invested by the fund directly in the enterprises qualified securities, should ordinarily be no more than $500,000.00 $1 million. In addition, the amount of investment by an investment entity in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the total qualified securities at the time such qualified securities are purchased by the investment entity, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise; provided, however, that the investment in qualified securities of the enterprise by the investment entity can exceed 49 percent if, in the investment entitys judgment exercised in accordance with paragraph (5) of this Code section subsection, such greater investment is prudent,; and provided, further, that an amount greater than $500,000.00 $1 million of funds attributable to capital equity contribution contributions by the state from the fund may be invested by the investment entity in qualified securities of an enterprise if the enterprise is in severe financial difficulty and, in the judgment of the investment entity, an investment of such greater amount is necessary to preserve the initial investment in qualified securities; (3) The investment entity shall make authorized investments in enterprises engaged in an entrepreneurial business only after receipt of an application from the enterprise that contains:
(A) A business plan including pro forma financial statements and a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required;

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(C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (D) Such other information as the investment entity shall request; (4) Approval of an investment may be made after the investment entity finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the investment entity shall make and incorporate in its records, that: (A) The proceeds of the investment or financial assistance will be used only to cover the seed capital seed-capital needs of the enterprise except as authorized by paragraph (2) of this Code section subsection; (B) The enterprise has a reasonable chance of success; (C) The investment entitys participation is instrumental to the success of the enterprise and its retention within the state; (D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities; (G) There is a reasonable possibility that the investment entity will recoup at least its initial investment or financial commitment; and (H) Binding commitments have been made to the investment entity by the enterprise for adequate reporting of financial data to the investment entity, which shall include a requirement for an annual report or, if required by the investment entity, an annual audit of the financial and operational records of the enterprise, and, for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion of the entity and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise; (5) The governing agreement of the investment entity provides that the care and judgment that management of the investment entity must exercise in the performance of its obligations shall be the judgment and care under the circumstances then prevailing and that persons of ordinary prudence, discretion, and intelligence exercise in the management of risk capital intended for investment at the early stages of organization and growth of a business that are is: (A) Expected to create, retain, or extend employment opportunities and economic growth in Georgia; and (B) All other material matters being equal, developing technological advances that could be expected to result in the greatest increase in employment opportunity and economic growth in Georgia; and (6) The governing agreement of the investment entity provides for distributions made by the investment entity to its partners or members that are proportionate to the capital

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committed or otherwise reflective of the ownership interests purchased by the partners or members.
10-10-5. The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make unsecured or secured loans. With respect to such loans, the center, acting on behalf of the state and the fund, shall have the authority to sell loans, mortgages, security interests, and other obligations held by the state through the fund at public or private sale; to negotiate modifications or alterations in loans, mortgages, security interests, and other obligations held by the fund; to foreclose on any security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgage, security interest, or other obligation held by the fund at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the fund.
10-10-5. 10-10-6. All distributions made by an investment entity allocable to the states limited partner interest or membership interest therein; all cash proceeds with respect to any loan, whether interest, the repayment of principal, or other amounts; or proceeds of the sale or transfer of qualified securities held directly by the fund shall be deposited in the fund for future investment in other investment entities, in other qualified securities of enterprises, for making loans as provided in this chapter, or to pay the cost of administration of the fund as provided in this chapter.
10-10-6. 10-10-7. The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, the Department of Industry, Trade, and Tourism or any successor agency, the chairperson of the House Committee on Economic Development and Tourism, the chairperson of the Senate Economic Development and Tourism Committee, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report shall specifically account for the ways in which the need needs, mission, and programs of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by repealing in its entirety Chapter 18, regarding state insurance premium tax credits with respect to certified capital companies.

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
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 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
Heard, K Y Heath Y Heckstall Y Hembree Y Henson E 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, C Y Jenkins, C.F Y Jones
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 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 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
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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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.

HB 1348. 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 permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; and for other purposes.

The report of the Committee, which was favorable to the 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 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
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 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, C Y Jenkins, C.F 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 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 Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C

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 Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson

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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 E Hill, C

Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 1402. By Representative Lane of the 101st:
A RESOLUTION ratifying a change of regional development center boundaries established by the Board of Community Affairs; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn

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 Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T

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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas

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 N Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B

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
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

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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 E Hill, C

Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y 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

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Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 168, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 1401. By Representatives Lane of the 101st, Royal of the 140th, Parrish of the 102nd, Greene of the 134th and Morris of the 120th:
A RESOLUTION urging the Board of Natural Resources to adopt state-wide, uniform open season dates for dove hunting throughout this 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 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 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 Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan

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 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 Y Stephenson Y Stokes

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Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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 Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1599. By Representative Lane of the 101st:
A BILL to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the descriptions of certain such regions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James

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 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 Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

TUESDAY, MARCH 2, 2004

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 E Hill, C

Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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.

HB 1287. By Representatives Snow of the 1st, Day of the 126th and Parham of the 94th:
A BILL to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to provide for restrictions with respect to the use of certain lights; and for other purposes.

The following Committee amendment was read:

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The Committee on Public Safety moves to amend HB 1287 by striking line 15 of page 1 and inserting in lieu thereof the following:
"(b) It shall be unlawful for any person to operate any motor vehicle equipped with or containing a device capable of producing a flashing or strobing headlight or a flashing or strobing corner light. (c) This Code section shall not apply to:".
By striking the word "or" at the end of line 17 of page 1.
By striking the period at the end of line 18 of page 1 and inserting in lieu thereof the word and symbol "; or".
By striking line 19 of page 1 and inserting in lieu thereof the following:
"(3) Motor vehicles with a permit granted by a state agency to bear such lights. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a".

The following amendment was read and adopted:

Representatives Franklin of the 17th and Snow of the 1st move to amend the Committee amendment to HB 1287 as follows:
On line 4 after the word "device" add:
", other than a high beam/low beam manual dimmer switch,".

The Committee amendment, as amended, was adopted.

The following amendments were read and adopted:

Representative Graves of the 10th moves to amend HB 1287 as follows:
Page 1 Line 14: insert after the word "stationary", "with the intent to emulate public safety personnel."

TUESDAY, MARCH 2, 2004

1431

Representatives Snow of the 1st and Franklin of the 17th move to amend HB 1287 as follows:
On line 17 after the word "agency" add
"school buses, vehicles transporting household, industrial or hazardous waste and emergency medical vehicles".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day N Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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
Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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On the passage of the Bill, as amended, the ayes were 170, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1555. By Representatives Channell of the 77th, Watson of the 60th, Post 2 and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; and for other purposes.

The following Committee amendment was read and withdrawn:

The House Committee on Industrial Relations moves to amend HB 1555 by striking line 2 on page 1 and inserting in lieu thereof the following:
"employment security, so as to provide for the lifting of the sunset provision of the alternative base period; to extend the suspension of the surcharge on the employer".
By redesignating Sections 1 through 3 as Sections 2 through 4, respectively, and by inserting a new Section 1 to read as follows:
"SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by lifting the sunset on the alternative base period by striking Code Section 34-8-21, relating to the definition of 'base period,' and inserting in lieu thereof the following:
'34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term "base period" means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individuals benefit year. Such base period shall be known as the "alternative base period." Applicants shall receive written notice of the alternative base

TUESDAY, MARCH 2, 2004

1433

period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30, 2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147).'"

By striking lines 7 and 8 on page 1 and inserting in lieu thereof the following: "Said chapter is further amended by striking subparagraph (d)(4)(B) of Code Section 34-8-156, relating".

The following substitute, offered by Representatives Channell of the 77th, Teilhet of the 34th, Post 2 and Watson of the 60th, Post 2 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 the lifting of the sunset provision of the alternative base period; to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; 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 lifting the sunset on the alternative base period by striking Code Section 34-8-21, relating to the definition of "base period," and inserting in lieu thereof the following:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding

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JOURNAL OF THE HOUSE

the first day of the individuals benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003, and shall conclude and terminate on June 30, 2004. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."

SECTION 2. Said chapter is further amended by striking subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof 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, 2004

2005, 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 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."

TUESDAY, MARCH 2, 2004

1435

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 Orrock of the 51st et al. move to amend the Floor substitute to HB 1555 by striking line 3 on page 1 and inserting in lieu thereof the following:
"base period; to provide that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone; to extend the suspension of the surchage on the employer contribution rate".
By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively, and by inserting a new Section 2 to read as follows:
"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 those terms are generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that 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 the claimant offers.'"

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 Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner

N Hill, C.A Hill, V
N Hines Y Holmes N Houston
Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis N Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P Y Smith, T N Smith, V

1436
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 N Burkhalter N Burmeister N Butler Y Campbell N Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson E Hill, C

Y Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis
Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton N Millar N Mills

Y Oliver, B Y Oliver, M N O'Neal Y Orrock N Parham N Parrish N Parsons Y Porter
Powell N 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. N Royal N Rynders Y Sailor N Scott N Shaw N Sheldon

On the adoption of the amendment, the ayes were 93, nays 77. The amendment was adopted.

Y Smyre Y Snow
Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren N Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T

Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper Y Crawford Y Cummings

TUESDAY, MARCH 2, 2004

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 N 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
Hembree Y Henson E Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

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 N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor Y Scott Y Shaw N Sheldon

1437
N Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson 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

On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 48.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HR 1256 was postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following Resolutions of the House were read and adopted:

HR 1461. By Representatives Lunsford of the 85th, Post 2, Yates of the 85th, Post 1, Westmoreland of the 86th, Mills of the 67th, Post 2, Smith of the 110th and others:

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JOURNAL OF THE HOUSE
A RESOLUTION commending Georgia Congressman Mac Collins; and for other purposes.

HR 1462. By Representatives Royal of the 140th, Coleman of the 118th, Buck of the 112th, Parrish of the 102nd, Hanner of the 133rd and others:
A RESOLUTION commending Honorable Marcus E. Collins, Sr.; and for other purposes.

HR 1463. By Representatives Roberts of the 131st, Coleman of the 118th, Floyd of the 132nd, Westmoreland of the 86th and Royal of the 140th:
A RESOLUTION commending Fire Chief Guy Fitzgerald and recognizing him as the longest serving fire chief in the State of Georgia; and for other purposes.

HR 1464. By Representative Heard of the 70th, Post 3:
A RESOLUTION commending the Maxwell High School of Technology; and for other purposes.

HR 1465. By Representatives Brock of the 5th, White of the 3rd, Post 2, Williams of the 4th, Ralston of the 6th and Forster of the 3rd, Post 1:
A RESOLUTION recognizing and commending Dr. (LTC) James W. Hanks, senior army instructor, Murray County High School; and for other purposes.

HR 1466. By Representative Rogers of the 15th:
A RESOLUTION commending Cherokee County Chief Magistrate Court Judge Charles Robertson; and for other purposes.

HR 1467. By Representatives Childers of the 13th, Post 1 and Reece of the 11th: A RESOLUTION commending Audrey Wimberley; and for other purposes.

TUESDAY, MARCH 2, 2004

1439

HR 1468. By Representatives Lunsford of the 85th, Post 2, Greene-Johnson of the 60th, Post 3, Yates of the 85th, Post 1, Westmoreland of the 86th, Mills of the 67th, Post 2 and others:
A RESOLUTION commending the Stockbridge High School Tiger Marching Band; and for other purposes.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:

HB 1698. By Representatives Graves of the 10th, Ashe of the 42nd, Post 2, Coleman of the 65th, Reece of the 11th, Casas of the 68th 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 require providers of in-service or continuing education for teachers and other professional personnel to offer such in-service or continuing education online; to provide for treatment by the Professional Standards Commission; and for other purposes.

Referred to the Committee on Education.

HB 1699. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Sheldon of the 71st, Post 2, Casas of the 68th, Coleman of the 65th and others:
A BILL to amend an Act providing for a homestead exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead for certain residents of that school district who are disabled or senior citizens subject to certain income limitations, so as to allow such exemptions to continue to be received by certain unremarried surviving widows or widowers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1700. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th:
A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes.

3/2/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1460. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Burkhalter District 36

Referred to the Committee on Transportation.

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:

TUESDAY, MARCH 2, 2004

1441

Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1302 Do Pass, by Substitute HB 1596 Do Pass

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Stokes of the 72nd District, Secretary of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 269 Do Pass, by Substitute HB 282 Do Pass, by Substitute HB 1431 Do Pass, by Substitute

Respectfully submitted, /s/ Stokes of the 72nd
Secretary

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 1316 Do Pass HR 1458 Do Pass

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 190 Do Pass, by Substitute HB 918 Do Pass, by Substitute HB 1489 Do Pass

SB 457 Do Pass SB 482 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1410 Do Pass HB 1444 Do Pass HB 1510 Do Pass, by Substitute HB 1511 Do Pass

HB 1528 Do Pass HB 1612 Do Pass HR 527 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

TUESDAY, MARCH 2, 2004

1443

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Thursday, March 4, 2004.

1444

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Thursday, March 4, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Bannister Barnard Barnes Benfield Birdsong Black Boggs Borders Bridges Brock Brooks Broome Brown Buck Buckner, D Buckner, G Campbell Chambers Channell Childers Coan Coleman, B Cooper Crawford

Cummings Day Deloach Dodson Dooley Douglas Drenner Dukes Elrod Epps Fleming Floyd, H Floyd, J Fludd Forster Franklin Graves, D Greene Hanner Harbin Heard, J Heard, K Heath Hembree E Hill, C

Hill, C.A Hines Howard Hugley James Jamieson Jenkins, C.F Jones Jordan Knox Lane Lewis Lucas Lunsford Mangham Manning Marin Martin Massey Maxwell Millar Mills Mitchell Moraitakis

Mosby Mosley Murphy, J Murphy, Q Noel Oliver, B Oliver, M O'Neal Orrock Parrish Parsons Porter Ralston Randall Reece, S Rice Richardson Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Shaw

Sheldon Sholar Skipper Smith, L Smith, P Smith, T Smith, V Stanley-Turner Stephens, R Stokes Stoner Teilhet Teper Walker, L Walker, R.L Warren Watson White Wilkinson Willard 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; Ashe of the 42nd, Post 2; Beasley-Teague of the 48th, Post 2; Bordeaux of the 125th; Bruce of the 45th; Bunn of the 63rd; Burkhalter of the 36th; Burmeister of the 96th; Butler of the 88th, Post 1; Dean of the 49th; Dollar of the 31st; Ehrhart of the 28th; Gardner of the 42nd, Post 3; Graves of the 10th; GreeneJohnson of the 60th, Post 3; Harrell of the 54th; Heckstall of the 48th, Post 3; Hill of the 81st; Holmes of the 48th, Post 1; Houston of the 139th; Howell of the 92nd; Jackson of the 124th, Post 1; Jenkins of the 93rd; Joyce of the 2nd; Keen of the 146th; Maddox of the 59th, Post 2; McCall of the 78th; McClinton of the 59th, Post 1; Mobley of the 58th; Morris of the 120th; Parham of the 94th; Powell of the 23rd; Purcell of the 122nd; Ray of the 108th; Sailor of the 61st, Post 1; Scott of the 138th; Sims of the 130th; Smyre of the

THURSDAY, MARCH 4, 2004

1445

111th; Snow of the 1st; Stephens of the 124th, Post 2; Stephenson of the 60th, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; Williams of the 128th; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Rodney K. Turner, Pastor, Mt. Vernon Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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JOURNAL OF THE HOUSE

HB 1687. By Representative Scott of the 138th:
A BILL to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, so as to provide for furnishing of driver history information; and for other purposes.

Referred to the Committee on Motor Vehicles.

HB 1688. By Representative Powell of the 23rd:
A BILL to amend an Act providing a new charter for the City of Lavonia, so as to change and extend the corporate limits of said city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1689. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Golick of the 34th, Post 3, Cooper of the 30th, Massey of the 24th and others:
A BILL to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide loss of eligibility for a HOPE scholarship for a freshman under certain conditions; and for other purposes.

Referred to the Committee on Higher Education.

HB 1690. By Representative Maddox of the 59th, Post 2:
A BILL to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public transportation, so as to provide for the administrative resolution of certain offenses against public transportation; to provide for certain administrative fees; to provide for referral of citations for courts of local jurisdiction for judicial determination; and for other purposes.

THURSDAY, MARCH 4, 2004 Referred to the Committee on Special Judiciary.

1447

HB 1691. By Representatives Buckner of the 82nd, Manning of the 32nd, Heard of the 75th, Henson of the 55th and Childers of the 13th, Post 1:
A BILL to amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee, so as to provide that any department, division, agency, authority, office, or bureau of state government must report in writing when such department, division, agency, authority, office, or bureau is experiencing or incurring a budget deficit, shortfall, or overspending in the amount of 5 percent of the department, division, agency, authority, office, or bureau's annual budget or $25,000.00, whichever is less; and for other purposes.

Referred to the Committee on Appropriations.

HB 1692. By Representatives Hill of the 147th, Reece of the 11th, Thomas of the 43rd, Post 1, Hudson of the 95th, Smith of the 87th and others:
A BILL to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact "Karon's Law"; to provide for a short title; to provide for the establishment and operation of a drug repository program to accept and dispense donated prescription drugs; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1693. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such fees; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1694. By Representatives Ralston of the 6th and Lewis of the 12th:

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JOURNAL OF THE HOUSE
A BILL to provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such county desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1695. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer County; to provide for the amount of such fees; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1696. By Representatives Buckner of the 109th, Ralston of the 6th and Greene of the 134th:
A BILL to amend Code Section 50-5-64 of the Official Code of Georgia Annotated, relating to the authorization of multiyear contracts executed by the Department of Administrative Services, so as to authorize the Department of Administrative Services to execute multiyear contracts for the lease, purchase, or lease purchase of real property for all state agencies; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1697. By Representatives Buckner of the 109th, Willard of the 40th, Childers of the 13th, Post 1, Dooley of the 33rd, Post 3, Porter of the 119th and others:
A BILL to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources and director of the Environmental Protection division as to control of water pollution and surface-water use generally, so as to provide for fees for site specific National Pollution Discharge Elimination System permits and site specific land application system permits; and for other purposes.

THURSDAY, MARCH 4, 2004 Referred to the Committee on Natural Resources & Environment.

1449

HB 1701. By Representative Harrell of the 54th:
A BILL to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to establish an advisory committee on hearing in newborn infants; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1702. By Representative Jenkins of the 93rd:
A BILL to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for the State Board of Pardons and Paroles to confer police powers on their employees under certain circumstances; to allow certain employees to assist law enforcement or correctional officers under certain circumstances; and for other purposes.

Referred to the Committee on State Institutions & Property.

HB 1703. By Representatives Warren of the 99th, Brock of the 5th, Williams of the 128th, Jenkins of the 8th, Broome of the 141st, Post 2 and others:
A BILL to amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to change certain provisions relating to primitive weapons; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1704. By Representatives Shaw of the 143rd, Channell of the 77th and Parham of the 94th:

1450

JOURNAL OF THE HOUSE
A BILL to amend Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, so as to provide for annual reports on the fiscal condition of the state program of health services for individuals pursuant to Title XIX of the Social Security Act; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1705. By Representative Reece of the 11th:
A BILL to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.0 of the assessed value of the homestead for residents of that city who are 65 years of age or over; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1706. By Representative Channell of the 77th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise certain provisions relating to the "Georgia Volunteers in Health Care Specialties Act"; to revise certain provisions relating to the "Georgia Volunteers in Dentistry Act"; to revise certain provisions relating to the "Georgia Volunteers in Medicine Health Care Act"; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1707. By Representative Channell of the 77th:
A BILL to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create provisions making Georgia an attractive location for businesses to prosper; to provide for a short title; to provide for legislative findings; to change provisions relating to the additional duties and powers of the Board of Industry, Trade, and Tourism; and for other purposes.

THURSDAY, MARCH 4, 2004 Referred to the Committee on Economic Development & Tourism.

1451

HB 1708. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Teilhet of the 34th, Post 2:
A BILL to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to express certain legislative findings with respect to state reduction in force programs and furlough programs; to generally prohibit agencies from hiring new employees during or shortly after the use of any such porgram; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1709. By Representatives Channell of the 77th, Parrish of the 102nd, Shaw of the 143rd, Orrock of the 51st and Parham of the 94th:
A BILL to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1710. By Representatives Stephens of the 123rd, Birdsong of the 104th, Sims of the 130th and Elrod of the 25th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and ad valorem tax appeals, so as to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; and for other purposes.

Mr. Clerk:

3/4/2004

1452

JOURNAL OF THE HOUSE

Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1710. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Stephens District 123

Referred to the Committee on Ways & Means.

HB 1711. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Smith of the 87th and Reece of the 11th:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1711. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Childers District 13

Referred to the Committee on Health & Human Services.

HB 1712. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Burkhalter of the 36th, Morris of the 120th and others:
A BILL to amend Titles 9, 24, 33, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions; to require that a civil case or domestic relations filing information form be filed with a complaint; and for other purposes.

THURSDAY, MARCH 4, 2004

1453

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1712. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Porter District 119

Referred to the Committee on Judiciary.

HB 1713. By Representatives Roberts of the 135th, Williams of the 128th, Ehrhart of the 28th, Brooks of the 47th, Massey of the 24th and others:
A BILL to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide for licensing of persons who provide deferred presentment services; to provide for a short title; to define certain terms; to provide for licenses, qualifications, and application therefore; to provide for fees; to provide for limitations; to provide for consumer notices; and for other purposes.

Referred to the Committee on Banks & Banking.

HB 1714. By Representatives Royal of the 140th, Richardson of the 26th, Buck of the 112th, Keen of the 146th, Buckner of the 82nd and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; and for other purposes.

1454

JOURNAL OF THE HOUSE

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1714. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Royal District 140

Referred to the Committee on Ways & Means.

HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others:
A BILL to create the Western Area Regional Radio System Authority; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1459. By Representatives Purcell of the 122nd, Ray of the 108th, James of the 114th and Royal of the 140th:
A RESOLUTION creating the House Agricultural Research, Extension, and Teaching Programs Study Committee; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HR 1469. By Representative Stokes of the 72nd:
A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes.

3/3/2004

THURSDAY, MARCH 4, 2004

1455

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1469. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Stokes District 72

Referred to the Committee on Transportation.

HR 1470. By Representatives Jamieson of the 22nd, Rogers of the 20th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and Stoner of the 34th, Post 1:
A RESOLUTION proposing an amendment to the Constitution so as to provide that marriage in this state shall consist only of the union of man and woman; and for other purposes.

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1470. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Jamieson District 22

Referred to the Committee on Rules.

HR 1472. By Representative Sims of the 130th:
A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes.

1456

JOURNAL OF THE HOUSE

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1472. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Sims District 130

Referred to the Committee on Transportation.

HR 1473. By Representative Sims of the 130th:
A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes.

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1473. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Sims District 130

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 1720. By Representatives Westmoreland of the 86th, Channell of the 77th, Graves of the 106th, Shaw of the 143rd and O`Neal of the 117th:

THURSDAY, MARCH 4, 2004

1457

A BILL to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the Indigent care Trust Fund; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; and for other purposes.

Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1662 HB 1663 HB 1664 HB 1665 HB 1666 HB 1667 HB 1668 HB 1669 HB 1670 HB 1671 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682 HB 1683 HB 1684

HB 1685 HB 1686 HB 1698 HB 1699 HB 1700 HR 1445 HR 1454 HR 1455 HR 1456 HR 1457 HR 1460 SB 230 SB 386 SB 498 SB 501 SB 511 SB 548 SB 553 SR 668 SR 781 SR 787 SR 797

Pursuant to Rule 52, Representative Dodson of the 84th, Post 1 moved that the following Bill of the House be engrossed:

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JOURNAL OF THE HOUSE

HB 1674. By Representatives Dodson of the 84th, Post 1, Childers of the 13th, Post 1 and Barnes of the 84th, Post 2:

A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister N Butler
Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper
Crawford Y Cummings

N Day Dean
Y Deloach Y Dix Y Dodson
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
Heath Heckstall Y Hembree Y Henson E Hill, C

Hill, C.A Hill, V N Hines Y Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Jenkins, C.F Y Jones Jordan Joyce Keen N Knox Y Lane N Lewis Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin Martin N Massey Y Maxwell Y McBee McCall Y McClinton Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson Y Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott N 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
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson
Willard Y Williams, A Y Williams, E
Williams, R Y Wix
Yates Coleman, Speaker

On the motion the ayes were 103, nays 47. The motion prevailed.

THURSDAY, MARCH 4, 2004

1459

Representative Jenkins of the 8th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Boggs of the 145th moved that the following Bill of the House be engrossed:

HB 1678. By Representatives Boggs of the 145th and Bordeaux of the 125th:

A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor and felony cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change provisions relating to the challenges for cause; to change provisions relating to challenges for cause in civil cases; to change provisions relating to questions on voir dire and setting aside juror for cause; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated, relating to the procedure for trial of jointly indicted defendants and other matters relating to jointly indicted defendants, so as to provide the state with an equal number of additional peremptory challenges in trials for jointly indicted defendants; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson N Anderson Y Ashe
Bannister N Barnard
Barnes N Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders
Bridges N Brock
Brooks Y Broome N Brown
Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn

N Day Dean Deloach
N Dix Y Dodson
Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Gardner N Golick N Graves, D N Graves, T

Hill, C.A Y Hill, V N Hines
Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas

Y Mitchell N Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow
Stanley-Turner N Stephens, E
Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L

1460
N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Greene N Greene-Johnson Y Hanner
Harbin N Harper Y Harrell N Heard, J Y Heard, K
Heath Heckstall Hembree Y Henson E Hill, C

N Lunsford N Maddox N Mangham N Manning N Marin N Martin N Massey N Maxwell Y McBee
McCall Y McClinton N Millar N Mills

N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 83, nays 72. The motion was lost.

N Walker, R.L Y 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

Pursuant to Rule 52, Representative Harrell of the 54th moved that the following Bill of the House be engrossed:

HB 1679. By Representative Harrell of the 54th:
A BILL to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions related to health, so as to provide for the advisory committee on hearing in newborn infants to continue in existence until June 30, 2008; to provide for such committee to focus on studying resources for intervention and treatment of infants with hearing losses; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Resolution of the House be engrossed:

HR 1454. By Representative Birdsong of the 104th:
A RESOLUTION designating the "Max R. Davey Bridge"; and for other purposes.

THURSDAY, MARCH 4, 2004 The motion prevailed.

1461

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Resolution of the House be engrossed:

HR 1455. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Birdsong of the 104th moved that the following Resolution of the House be engrossed:

HR 1456. By Representative Birdsong of the 104th:
A RESOLUTION honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 116th moved that the following Resolution of the House be engrossed:

HR 1457. By Representatives Skipper of the 116th, Smyre of the 111th and Porter of the 119th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for public funding of social services provided by religious or sectarian organizations pursuant to contracts for the provision of such services and to provide for conditions and requirements relative to such contracts; to provide that the General Assembly may appropriate federal funds received by the state; and for other purposes.

1462

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 Y Barnes Y Beasley-Teague Y Benfield
Birdsong Y Black
Boggs Y Bordeaux Y Borders
Bridges N Brock
Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

N Day Dean Deloach
Y Dix Y Dodson
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
Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner
Harbin Y Harper Y Harrell N Heard, J Y Heard, K
Heath Y Heckstall
Hembree Y Henson E Hill, C

N 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 Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan
Joyce N Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee
McCall N McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J
Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Rogers, C N Rogers, Ch. Y Royal N Rynders Sailor N Scott Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the motion the ayes were 96, nays 58. The motion prevailed.

Pursuant to Rule 52, Representative Burkhalter of the 36th moved that the following Resolution of the House be engrossed:

HR 1460. By Representatives Burkhalter of the 36th, Martin of the 37th, Jones of the 38th, Willard of the 40th and Campbell of the 39th:

THURSDAY, MARCH 4, 2004

1463

A RESOLUTION designating the Bob Fulton Memorial Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Ralston of the 6th moved that the following Resolution of the Senate be engrossed:

SR 787. By Senator Stephens of the 51st:
A RESOLUTION designating the Michael B. Mundy Memorial Bridge; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Westmoreland of the 86th moved that the following Resolution of the Senate be engrossed:

SR 781. By Senators Seabaugh of the 28th, Lee of the 29th and Hamrick of the 30th:
A RESOLUTION designating the Alan Jackson Highway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Westmoreland of the 86th moved that the following Resolution of the Senate be engrossed:

SR 797. By Senator Seabaugh of the 28th:
A RESOLUTION honoring George William Potts and designating the George W. Potts Highway; and for other purposes.
On the motion, the roll call was ordered and the vote was as follows:

1464

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
Borders Y Bridges
Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Day Dean Y Deloach Dix Y Dodson Y Dollar N Dooley Y Douglas Y Drenner Dukes Ehrhart Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick 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 Henson E Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning
Marin Y Martin
Massey Y Maxwell Y McBee
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 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 Rynders Sailor N Scott Y Shaw Y Sheldon

On the motion the ayes were 140, nays 7. The motion prevailed.

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, MARCH 4, 2004
HB 1608 Do Pass SB 496 Do Pass, by Substitute

1465

Respectfully submitted, /s/ Birdsong of the 104th
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1406 Do Pass, by Substitute HB 1428 Do Pass HB 1698 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1003 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

1466

JOURNAL OF THE HOUSE

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1512 Do Pass, by Substitute HB 1526 Do Pass HR 1420 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Hanner of the 133rd District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1425 Do Pass, by Substitute SB 356 Do Pass, by Substitute

SB 436 Do Pass SB 480 Do Pass

Respectfully submitted, /s/ Hanner of the 133rd
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

THURSDAY, MARCH 4, 2004

1467

Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 873 Do Pass, by Substitute SB 253 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1405 Do Pass HR 1438 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1372 Do Pass HR 1370 Do Pass SB 418 Do Pass, by Substitute

1468

JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1559 Do Pass HB 1624 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 has instructed me to report the same back to the House with the following recommendations:
HB 1658 Do Pass HB 1659 Do Pass HB 1660 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

THURSDAY, MARCH 4, 2004

1469

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 489 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, MARCH 4, 2004

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 1349 Rembert Olen McAfee Bridge; designate

DEBATE CALENDAR

HB 158
HB 234 HB 394 HB 1036 HB 1138 HB 1160 HB 1161

Law enforcement officer; retention of weapon and badge on leaving service Superior Court Clerks' Retirement; death of spouse; full benefit restored Employees' Retirement; certain prior service; creditable service Superior Court Clerks' Retirement; 8 years' service; benefits Smoking in motor vehicle with child in car seat; define offense Interfering with electronic monitoring devices; define offense Probation Management Act; enact

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JOURNAL OF THE HOUSE

HB 1265 HB 1272 HB 1285
HB 1354 HB 1379 HB 1394 HB 1408 HB 1416 HB 1496 HB 1529 HB 1582
HR 1263

Physicians; licenses; temporary postgraduate training permits Lottery; ticket sales; establish Georgia Peach Account Crimes; opening certain accounts using minor's social security number; define offense Public service corporations or utilities; increase certain fees Industrial Hygiene Title Protection Act; enact Athletic trainers; licensing; exceptions Sewage holding tanks; commercial waste; regulation Bona fide conservation use property; include wildlife production Contact lenses; selling and dispensing; amend provisions Industry, Trade, and Tourism, Department of; change name Public funds; certain write-offs; Department of Technical and Adult Education Information technology; urge assistance of consulting firms

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Wix of the 33rd, Post 1 moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on State Planning & Community Affairs - Local:

HB 1658. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2 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 members of the board other than the chairperson of the board; and for other purposes.
The motion prevailed.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

THURSDAY, MARCH 4, 2004

1471

HB 1659. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Manning of the 32nd, Teilhet of the 34th, Post 2, Golick of the 34th, Post 3 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1660. By Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Barnes of the 84th, Post 2, Heckstall of the 48th, Post 3, Fludd of the 48th, Post 4 and others:
A BILL to amend an Act creating the State Court of Clayton County, so as to provide for the imposition and collection of a fee to be used for fulfilling the technological needs of the state court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, 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 bill of the Senate:

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JOURNAL OF THE HOUSE

SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:

SB 555. By Senators Hall of the 22nd and Meyer von Bremen of the 12th:
A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to provide for the updating of provisions relating to nonprofit corporations; to provide for definitions; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating to the

THURSDAY, MARCH 4, 2004

1473

definition of "nonprofit" and rights and powers of a nonprofit corporation; to amend Article 3 of Chapter 5 of Title 14 of the O.C.G.A., relating to corporations organized for religious, fraternal, or educational purposes, to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

Representative Jamieson of the 22nd arose to a point of personal privilege and addressed the House.

Representative Purcell of the 122nd arose to a point of personal privilege and addressed the House.

Representative Orrock of the 51st arose to a point of personal privilege and addressed the House.

Representative Royal of the 140th 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 Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 1458. By Representatives Ray of the 108th and James of the 114th:
A RESOLUTION commending the Georgia Peach Festival and inviting the 2003 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

HR 1316. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3, Borders of the 142nd, Howell of the 92nd and Henson of the 55th:

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JOURNAL OF THE HOUSE
A RESOLUTION honoring and expressing appreciation to Dr. Kenneth H. Breeden, commissioner of the Georgia Department of Technical and Adult Education, on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

HR 1405. By Representatives Cummings of the 19th, Howard of the 98th, Porter of the 119th, Skipper of the 116th, Orrock of the 51st and others:
A RESOLUTION commending the members of the Silver-Haired Legislature and inviting representatives to appear before the House of Representatives; and for other purposes.

HR 1438. By Representatives Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3, Teper of the 42nd, Post 1 and Moraitakis of the 42nd, Post 4:
A RESOLUTION commending and recognizing the Buckhead Chapter of AARP and inviting the chapter to appear before the House of Representatives; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", approved June 9, 2003 (Ga. L. 2003, p. 29), so as to change certain appropriations for the State Fiscal Year 2003-2004; to make

THURSDAY, MARCH 4, 2004

1475

language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1 An act providing appropriations for the State Fiscal Year 2003-2004, as amended,
known as the "General Appropriations Act" approved June 9, 2003 (Ga. L. 2003, p. 29), is further amended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following:

"That the sums of money hereinafter provided are appropriated for the State Fiscal Year, beginning July 1, 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 $14,604,836,107 (excluding indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2004.

Section 1 General Assembly Personal Services - General Assembly Staff Personal Services - Elected Officials Regular Operating Expenses Travel Staff Travel - Elected Officials 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

$ 18,388,409

$ 5,457,157

$ 2,346,726

$

92,250

$

3,500

$ 717,000

$

10,200

$

7,479

$ 611,989

$ 320,357

$

73,750

$ 3,475,903

$ 745,000

$ 105,000

$ 1,652,000

Senate Functional Budgets

Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly Staff

Total Funds

$

250,822

$

94,000

$

3,200

$

198,996

$ 5,462,037

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JOURNAL OF THE HOUSE

Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Travel - Elected Officials Contracts-Staff

$ 1,376,795

$

27,000

$

13,627

$

821,330

$

35,000

$

392,000

$

3,500

$

1,500

Functional Units Lt. Governor's Office Secretary of the Senate's Office Senate and Research Office Senate Budget Office

State Funds $ 891,505 $ 1,212,212 $ 6,166,082 $ 410,008

Total Funds

$

891,505

$ 1,212,212

$ 6,166,082

$

410,008

Fund Allocations Total Funds State Funds

Fund Amount $ 8,679,807 $ 8,679,807

House Functional Budgets

Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Telecommunications Personal Services - General Assembly Staff Personal Services - Elected Officials Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Photography Expense Reimbursement Account Contracts-Staff

Total Funds

$

429,138

$

75,000

$

3,250

$

321,593

$ 6,641,183

$ 4,080,362

$

22,000

$

16,730

$ 2,264,573

$

70,000

$ 1,260,000

$

1,000

Functional Units Clerk of the House's Office House of Representatives & Research Office Speaker of the House's Office

State Funds $ 1,558,487 $ 13,168,484 $ 457,858

Total Funds

$ 1,558,487

$ 13,168,484

$

457,858

Fund Allocations Total Funds State Funds

Fund Amount $ 15,184,829 $ 15,184,829

THURSDAY, MARCH 4, 2004
Joint Offices Functional Budgets
Objects of Expenditure Regular Operating Expenses Equipment Computer Charges Real Estate Rentals Telecommunications Personal Services - General Assembly Staff Travel - Staff Per Diem Fees and Contracts- Staff Per Diem and Fees-Elected Officials Contracts-Staff Contracts-Elected Officials

1477

Total Funds

$ 1,666,766

$

548,000

$

3,750

$

7,479

$

91,400

$ 6,285,189

$

43,250

$

290,000

$

390,000

$

71,250

$

745,000

Functional Units Ancillary Activities Budgetary Resp. Oversight Committee Legislative Budget Office
Legislative Counsel's Office Legislative Fiscal Office

State Funds $ 3,354,138 $ 407,766 $ 1,215,430
$ 2,972,534 $ 2,192,216

Total Funds $ 3,354,138

$

407,766

$ 1,215,430

$ 2,972,534 $ 2,192,216

Fund Allocations Total Funds State Funds

Fund Amount $ 10,142,084 $ 10,142,084

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 services 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

1478

JOURNAL OF THE HOUSE

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 payment to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2 Department of Audits Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Total Funds

$ 25,643,631

$

879,100

$

400,000

$

20,795

$ 1,423,000

$ 1,105,815

$

332,224

$

195,000

Functional Units Department of Audits

State Funds $ 29,999,565

Total Funds $ 29,999,565

Fund Allocations Total Funds State Funds

Fund Amount $ 29,999,565 $ 29,999,565

Section 3 Judicial Branch Objects of Expenditure Personal Services Other Operating Prosecuting Attorney's Council

Total Funds $ 16,618,242 $ 119,696,966 $ 4,688,731

THURSDAY, MARCH 4, 2004

1479

Judicial Administrative Districts Payment to Council of Superior Court Clerks Payments To Resource Center

$ 1,918,814

$

44,925

$

600,000

Functional Units Council of Juvenile Court Judges Court of Appeals Georgia Office of Dispute Resolution Indigent Defense Council Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Superior Court - District Attorneys Superior Court - Judges Supreme Court of Georgia

State Funds $ 1,384,901 $ 1,699,633 $ 348,186 $ 9,414,145 $ 1,048,305 $ 15,768,954 $ 250,642 $ 43,952,743 $ 49,239,435 $ 7,421,463

Total Funds

$ 1,384,901

$ 11,789,633

$

348,186

$ 9,414,145

$ 1,048,305

$ 15,853,954

$

250,642

$ 45,496,648

$ 49,239,435

$ 8,741,829

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 143,567,678 $ 1,628,905 $ 1,410,366 $ 140,528,407

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 the 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 Attorney's 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

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JOURNAL OF THE HOUSE

Board of Court Reporting of the Judicial Council 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 4 Department of Administrative Services A: Budget Unit Department of Administrative Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Direct Payments to GBA for Operations Materials For Resale Health Planning Review Board Operations Payments to Aviation Hall Of Fame Payments to Golf Hall Of Fame Direct Payments to GBA for Capital Outlay Payments to Georgia Technology Authority Removal of Hazardous Waste

Total Funds

$ 18,893,559

$ 4,662,069

$

278,513

$

20,418

$

148,582

$ 2,614,510

$ 1,122,144

$

423,976

$

731,397

$

283,435

$ 1,867,799

$ 6,014,012

$

32,077

$

44,450

$

68,737

$ 2,096,250

$ 21,171,786

$

92,625

Functional Units Administration - DOAS -Fiscal Services Aviation Hall of Fame Executive Administration - DOAS Golf Hall Of Fame Governor's Small Business Center Hazardous Materials, Agency for Removal Health Planning Review Board Office of the Treasury Risk Management State Office of Administrative Hearings State Properties Commission Statewide Business Services Support Services

State Funds

$ 27,882,638

$

44,450

$ 1,286,028

$

68,737

$ 915,450

$

92,625

$

32,077

$ 362,649

$

0

$ 4,073,631

$ 612,461

$ 3,384,690

$ 408,840

Total Funds

$ 30,705,213

$

44,450

$ 1,397,033

$

68,737

$

928,147

$

92,625

$

32,077

$ 2,639,428

$ 3,006,134

$ 4,455,894

$

612,461

$ 3,422,311

$ 13,161,829

THURSDAY, MARCH 4, 2004

1481

Fund Allocations Total Funds Agency Funds Governor's Emergency Funds Non-State Funds State Funds Other State Funds

Fund Amount

$ 60,566,339

$

325,586

$

0

$ 21,076,477

$ 39,164,276

$

0

B: Budget Unit -- Georgia Building Authority

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Utilities Facilities Renovations and Repairs Building Access Control Payments to the Department of Public Safety

Total Funds

$ 16,018,934

$ 6,148,810

$

14,800

$

100,000

$

200,000

$

307,000

$

15,071

$

281,700

$

657,089

$ 5,808,583

$ 3,173,776

$ 7,839,685

$

510,229

$ 1,670,244

$ 3,151,435

Functional Units Executive Division - GBA External Operations Facilities Operations Internal Operations Property Resources Transportation - GBA

State Funds

$

0

$

0

$

0

$

0

$

0

$

0

Total Funds $ 2,234,588 $ 4,284,785 $ 27,439,242 $ 1,184,402 $ 7,646,451 $ 3,107,888

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount

$ 45,897,356

$ 4,065,691

$ 41,831,665

$

0

C: Budget Unit -- Georgia Technology Authority

1482

JOURNAL OF THE HOUSE

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Telephone Billings Radio Billings Materials for Resale

Total Funds

$ 54,658,111

$ 5,370,000

$

490,140

$

185,485

$ 33,673,324

$ 4,151,132

$

6,000

$ 14,319,286

$

400,000

$ 82,323,000

$

501,019

$ 3,481,106

Functional Units Georgia Technology Authority

State Funds

Total Funds

$

0 $ 199,558,603

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount

$ 199,558,603

$ 21,714,652

$ 177,843,951

$

0

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 selfinsurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 5 Department of Agriculture

Objects of Expenditure

Total Funds

THURSDAY, MARCH 4, 2004

1483

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary Laboratory Poultry Veterinary Diagnostic Labs Veterinary Fees Indemnities Advertising Contract Repairs and Maintenance at Major and Minor Markets Contract-Federation of Southern Cooperatives

$ 32,587,578

$ 3,850,488

$ 1,043,708

$

0

$

412,082

$

664,341

$ 1,198,343

$

375,509

$

33,500

$ 1,479,998

$

566,619

$ 3,357,556

$ 3,042,091

$

142,000

$

10,000

$

425,000

$

653,000

$

39,000

Functional Units Animal Industry Consumer Protection Field Forces Internal Administration Agriculture Marketing Plant Industry Public Affairs/Animal Protection Seed Technology

State Funds

$ 12,141,910

$ 8,040,138

$ 4,119,825

$ 7,372,498

$ 7,111,865

$ 2,444,558

$

0

Total Funds

$ 15,104,598

$ 11,350,495

$ 4,326,379

$ 7,451,391

$ 8,400,602

$ 2,444,558

$

802,790

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 49,880,813 $ 7,027,377 $ 1,622,642 $ 41,230,794

Section 6 Department of Banking and Finance

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals

Total Funds

$ 9,019,389

$

269,039

$

318,557

$

2,347

$

170,978

$

548,975

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JOURNAL OF THE HOUSE

Telecommunications Per Diem and Fees

$

117,006

$

10,435

Functional Units Department of Banking and Finance

State Funds

Total Funds

$ 10,456,726 $ 10,456,726

Fund Allocations Total Funds State Funds

Fund Amount $ 10,456,726 $ 10,456,726

Section 7 Department of Community Affairs

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Contracts for Region Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment Payments to the Georgia Environmental Facilities Authority Home Program Payments to the Sports Hall of Fame Payments to the State Housing Trust Fund Regional Economic Business Assistance Grants-GHFA Contracts-Homeless Assistance Community Service Grant HUD Section 8 Rental Assistance HUD Community Development Block Pass-Thru Grants Regional Economic Development Grants Georgia Regional Transportation Authority GHFA-Georgia Cities Foundation Georgia Leadership Infrastructure Investment Fund Quality Growth Program One Georgia Fund

Total Funds

$ 23,130,117

$ 1,979,687

$

611,739

$

0

$

166,022

$

573,436

$ 1,553,553

$

527,611

$

970,976

$

637,913

$ 1,873,256

$

15,000

$

160,500

$

307,125

$ 2,834,618

$

772,189

$ 2,925,000

$ 2,808,000

$ 1,250,000

$ 5,000,000

$ 50,000,000

$ 30,000,000

$

0

$ 4,556,478

$

731,250

$

495,000

$

195,000

$ 65,834,093

THURSDAY, MARCH 4, 2004

1485

Functional Units Administrative & Computer Support Div. Business and Financial Assistance Division Community Service Division Environmental Facilities Authority, Georgia Executive Division - DCA Finance Division Georgia Music Hall of Fame Housing and Finance Division OneGeorgia Authority Planning & Environmental Management Div Regional Transportation Authority, Georgia Rural Development Division Sports Hall of Fame Authority, Georgia State Housing Trust Fund for the Homeless

State Funds $ 807,894 $ 4,712,673 $ 291,749 $ 307,125 $ 668,782 $ 588,417 $ 789,196 $ 2,834,618 $ 65,834,093 $ 4,084,033 $ 4,556,478 $ 4,368,744 $ 772,189 $ 2,925,000

Total Funds

$ 2,543,933

$ 36,473,681

$ 61,852,970

$

307,125

$

935,702

$ 2,254,526

$ 1,264,010

$ 9,153,794

$ 65,834,093

$ 4,270,422

$ 4,556,478

$ 4,863,744

$

772,189

$ 4,825,896

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds

Fund Amount $ 199,908,563 $ 93,325,497 $ 13,042,075 $ 93,540,991 $ 65,834,093

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 below 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 below 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 the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

1486

JOURNAL OF THE HOUSE

Recipient

Description

Amount

City of Milledgeville

Funding for oper.expenses; Silver Haired Legislature $

15, 000

Section 8 Department of Community Health A: Budget Unit Medicaid Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Purchase of Service Contracts Health Insurance Payments Medical Fair Loan Repayment Program Medical Student Capitation Special Purpose Contracts Grant In Aid to Counties
Medicaid Benefits, Penalties and Disallowances Audit Contracts Medical Scholarships Capitation Contracts for Family Practice Residency
Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grants
Morehouse School of Medicine Grant
SREB Payments
Pediatric Residency Capitation Preventive Medicine Capitation

Total Funds $ 33,074,352

$ 8,328,073

$ 388,883

$

0

$

75,136

$ 92,768,439

$ 1,793,945

$ 898,341

$ 1,499,495

$ 392,681,680

$ 183,244

$1,009,000,000

$

61,258

$ 350,757

$ 3,573,676

$

0

$ 5 30,942

$5,437,215,382

$ 1,097,500

$ 728,000

$ 3,800,983

$ 2,023,883

$

50,000

$ 18,445,897

$ 8,088,577

$

401,225

$

435,722

$

110,255

Functional Units Board of Medical Examiners Commissioner's Office - DCH Community Affairs - Community Health

State Funds $ 2,229,223 $ 558,110 $ 181,911

Total Funds

$ 2,229,223

$

878,539

$

363,822

THURSDAY, MARCH 4, 2004

1487

Financial Services - Community Health Georgia Board for Physician Workforce Information Technology Managed Care and Quality Medicaid Benefits, Penalties & Disallow. Medicaid Program Services Medical Education Board Minority Health Office of General Counsel Operations - Community Health Planning and Fiscal Policy Primary and Rural Health Public Employee Health Claims State Health Benefit Plan Women's Health
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds
B: Budget Unit Indigent Care Trust Fund
Objects of Expenditure Contracts Payments to Nursing Homes Benefits
Functional Units Indigent Care Trust Fund
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Other State Funds
C: Budget Unit PeachCare for Kids

$ 2,832,795

$ 37,422,099

$ 25,419,876

$ 1,095,943

$1,715,586,620

$ 8,805,154

$ 1,353,724

$ 277,295

$ 3,036,444

$ 2,656,538

$ 1,802,587

$ 2,204,650

$ 34,000,000

$

0

$ 339,080

$ 6,392,920

$ 37,422,099

$ 102,875,219

$ 2,191,886

$ 5,437,215,382

$ 93,296,172

$ 1,353,724

$

507,683

$ 6,186,134

$ 6,686,039

$ 3,057,906

$ 2,601,647

$ 1,009,000,000

$ 304,991,665

$

355,585

Fund Amount $ 7,017,169,697 $ 3,425,330,499 $1,752,473,097 $1,839,366,101 $ 53,116,681

Total Funds $ 8,200,000 $ 241,927,965 $ 360,067,504
State Funds Total Funds $ 90,602,023 $ 610,195,469
Fund Amount $ 610,195,469 $ 370,764,566 $ 148,828,880 $ 90,602,023 $ 90,602,023

1488

JOURNAL OF THE HOUSE

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Contracts Peachcare Benefits, Penalties and Disallowances

Total Funds

$

368,353

$

165,254

$

45,000

$

1,155

$

130,599

$

11,675

$ 10,085,357

$ 274,173,593

Functional Units PeachCare for Kids

State Funds

Total Funds

$ 81,184,187 $ 284,980,986

Fund Allocations Total Funds Federal Funds State Funds Tobacco Funds

Fund Amount $ 284,980,986 $ 203,796,799 $ 81,184,187 $ 4,970,705

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 9 Department of Corrections

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds

$ 545,711,723

$ 64,058,000

$ 2,002,328

$ 1,809,244

$ 2,491,894

$ 5,681,517

$ 7,792,861

$ 7,178,331

$

42,637

$ 76,074,263

THURSDAY, MARCH 4, 2004

1489

Utilities Health Services Purchases Court Costs County Subsidy County Subsidy For Jails 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 UGA College of Veterinary Medicine Contracts Minor Construction Fund
Functional Units Administration Division Executive Operations Facilities Division Human Resources Division Probation Division Programs Division
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds
Section 10 Department of Defense
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Authority Lease Rentals Contracts

$ 26,309,405 $ 131,109,077 $ 1,300,000 $ 37,726,400 $ 15,350,000 $ 1,093,624 $ 4,268,025 $ 1,627,150 $ 577,160 $ 1,450,000 $ 449,944 $ 1,024,200

State Funds $ 17,682,432 $ 30,351,748 $ 631,956,089 $ 11,953,841 $ 78,521,607 $ 135,874,434

Total Funds $ 17,682,432 $ 30,801,748 $ 647,609,708 $ 11,953,841 $ 82,741,411 $ 144,338,643

Fund Amount $ 935,127,783 $ 10,116,249 $ 450,000 $ 18,221,383 $ 906,340,151

Total Funds

$ 17,591,519

$ 23,939,607

$

90,875

$

52,800

$

68,625

$

43,211

$ 1,022,261

$ 1,341,895

$

9,930

$ 244,000

1490

JOURNAL OF THE HOUSE

Functional Units Georgia Air National Guard Georgia Army National Guard Office of the Adjutant General

State Funds $ 985,832 $ 4,813,538 $ 2,096,505

Total Funds $ 7,479,634 $ 34,568,301 $ 2,356,788

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 44,404,723 $ 34,082,735 $ 2,426,113 $ 7,895,875

Section 11 State Board of Education

A: Budget Unit Department of Education

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Utilities Kindergarten/Grades 1-3 Grades 4-8 Grades 9-12 Vocational Education Labs Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment-Reserve Equalization Formula Sparsity Grants Special Education Low - Incidence Grants

Total Funds $ 42,333,072 $ 5,770,285 $ 1,255,935 $ 292,680 $ 9,573,252 $ 1,135,404 $ 903,485 $ 4,270,787 $ 30,569,700 $ 41,805,506 $ 772,896 $1,693,656,941 $1,558,335,891 $ 748,004,010 $ 196,506,716 $ 761,520,976 $ 176,850,170 $ 23,587,944 $ 30,517,972 $ 147,220,233 $ 905,991,469 $ 157,439,881
$(1,206,225,204)
$ 118,649,246 $ 288,182,775 $ 6,352,443 $ 826,722

THURSDAY, MARCH 4, 2004

1491

Limited English-Speaking Students TITLE I-A, Improving Basic Programs Op by LEA Retirement -H.B. 272 and H.B. 1321 Instructional Services for the Handicapped Tuition for the Multi-Handicapped Severely Emotionally Disturbed School Lunch -Federal School Lunch -State Regional Education Service Agencies Georgia Learning Resources System High School Program - Technology/ Career Education Special Education In State Institutions Vocational Research and Curriculum TITLE I-B, Even Start PSAT TITLE V, Innovative Programs Payments of Federal Funds to Dept. of Technical and Adult Education Education of Homeless Children/Youth Next Generation School Grants TITLE IV-A1 Safe and Drug Free Schools and Communities Emergency Immigrant Education Program Byrd Honor Scholarships Health Insurance-Non-Cert. Personnel and Retired Teachers Pre-School Handicapped Program Mentor Teachers Advanced Placement Exams Serve America Program Youth Apprenticeship Grants Alternative Programs Joint Evening Programs Pay For Performance Charter Schools Migrant Education -State Post Secondary Options / HOPE Joint Enrollment TITLE I-F, Comprehensive School Reform Partnerships in Character Education Test Development Contracts Information Technology Contracts National Teacher Certification Principal Supplements Reading Program School Improvement Teams Communities in Schools

$ 66,740,638

$ 309,883,868

$ 5,508,750

$ 191,495,397

$ 1,746,166

$ 66,287,536

$ 188,375,722

$ 36,246,276

$ 11,111,789

$ 4,911,783

$ 48,796,542

$ 3,744,077

$

55,951

$ 7,021,675

$ 719,129

$ 9,389,202

$ 16,909,425

$ 1,546,542

$ 384,555

$ 10,567,629

$ 639,390

$ 1,188,000

$ 107,826,070

$ 21,881,401

$ 1,158,544

$ 1,608,000

$ 150,000

$ 4,022,464

$ 69,289,416

$ 786,651

$ 5,702,222

$ 7,301,341

$ 267,535

$ 1,631,573

$ 8,478,748

$ 250,000

$ 10,975,646

$ 3,644,339

$ 6,894,490

$ 5,643,290

$ 75,422,493

$ 11,636,228

$ 1,405,919

1492

JOURNAL OF THE HOUSE

Knowledge is Power Program Additional Instruction TITLE I-C Education of Migrant Children TITLE 1-D, Neglected and Delinquent TITLE II-A, Improve Teacher Quality TITLE II-D, Enhancing Education thru Technology TITLE III-A, English Language Acquisition TITLE IV-B, 21st Century Communication TITLE VI-B, Rural and Low-Income Reductions to QBE Formula Earnings High School Program - Agricultural Education

$

11,466

$ 46,621,410

$ 8,626,018

$ 2,000,255

$ 72,520,695

$ 17,764,034

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (283,457,474)

$ 7,289,841

Functional Units Atlanta Area School for the Deaf Curriculum and Instruction Finance and Business Operations Georgia Academy for the Blind Georgia School for the Deaf Governor's Honors Program Information Technology Local Programs Policy and External Affairs State Superintendent Teacher and Student Support

State Funds $ 6,482,032 $ 6,055,524 $ 6,388,718 $ 5,862,005 $ 5,494,104 $ 1,394,519 $ 15,088,951 $5,864,500,818 $ 6,103,964 $ 306,548 $ 2,696,910

Total Funds $ 6,820,293 $ 23,871,834 $ 13,250,398 $ 6,125,523 $ 5,920,575 $ 1,472,108 $ 20,567,286 $6,869,822,725 $ 6,407,280 $ 306,548 $ 14,578,981

Fund Allocations Total Funds Agency Funds Federal Funds Non-State Funds State Funds

Fund Amount

$6,969,143,551

$

0

$1,047,582,903

$ 1,186,555

$5,920,374,093

B: Budget Unit Office of School Readiness

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Telecommunications Per Diem and Fees Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services

Total Funds

$ 1,123,882

$

29,783

$

43,283

$

3,000

$

10,351

$

5,000

$ 252,493,071

$ 2,131,565

THURSDAY, MARCH 4, 2004

1493

Pre-Kindergarten - Operations Standards of Care Federal Nutrition Grants

$ 4,909,478 $ 667,000 $ 75,495,529

Functional Units Office of School Readiness

State Funds Total Funds $ 260,749,413 $ 336,911,942

Fund Allocations Total Funds Federal Funds State Funds Lottery Funds

Fund Amount $ 336,911,942 $ 76,162,529 $ 260,749,413 $ 259,534,114

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,342.72. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 12 Employees' Retirement System of Georgia

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Georgia Military Pension Fund

Total Funds

$ 3,697,923

$ 724,200

$

29,000

$

0

$

12,450

$ 1,269,708

$ 561,195

$

94,002

$ 1,091,000

$ 3,500,000

$ 617,000

Functional Units Employees' Retirement System

State Funds

Total Funds

$ 617,000 $ 11,596,478

Fund Allocations Total Funds Non-State Funds State Funds

Fund Amount $ 11,596,478 $ 10,979,478 $ 617,000

Public School Employee's Retirement System of Georgia

1494

JOURNAL OF THE HOUSE

Objects of Expenditure Employer Contributions Administration Fee to ERS
Functional Units Public School Employees' Retirement System
Fund Allocations Total Funds State Funds
Section 13 State Forestry Commission
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Ware County-Ad Valorem Tax Ware County-Southern Forest World
Functional Units Field Services - Forestry General Administration and Support Reforestation
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds
Section 14 Georgia Bureau of Investigation
Objects of Expenditure Personal Services Regular Operating Expenses

Total Funds $ 833,196 $ 587,500

State Funds

Total Funds

$ 1,420,696 $ 1,420,696

Fund Amount $ 1,420,696 $ 1,420,696

Total Funds

$ 29,581,589

$ 5,730,944

$ 120,671

$ 894,579

$ 1,727,651

$ 357,000

$

11,518

$ 723,271

$

9,500

$ 544,260

$

60,000

$

0

State Funds

$ 30,047,837

$ 3,453,676

$

3,348

Total Funds $ 34,103,948 $ 3,621,831 $ 2,035,204

Fund Amount $ 39,760,983 $ 822,000 $ 5,434,122 $ 33,504,861

Total Funds $ 48,386,014 $ 5,576,524

THURSDAY, MARCH 4, 2004

1495

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Crime Victims Assistance Program Criminal Justice Grants
Functional Units Administration - GBI Criminal Justice Coordinating Council Forensic Sciences Georgia Crime Information Center Investigative
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds
Section 15 Office of the Governor
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Contracts Troops To Teachers Cost Of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expense Art Grants of State Funds

$ 399,199 $ 233,921 $ 220,443 $ 407,820 $ 497,670 $ 1,152,693 $ 2,231,277 $ 2,319,974 $ 288,667 $ 1,500,000 $ 27,783,371

State Funds $ 6,181,937 $ 332,266 $ 17,690,792 $ 10,553,723 $ 25,095,702

Total Funds $ 6,181,937 $ 31,311,099 $ 17,855,112 $ 10,553,723 $ 25,095,702

Fund Amount $ 90,997,573 $ 28,974,715 $ 2,168,438 $ 59,854,420

Total Funds

$ 21,240,587

$ 1,558,980

$ 348,070

$

0

$

59,911

$ 439,488

$ 1,173,160

$ 1,430,170

$ 4,804,415

$ 111,930

$ 4,901,136

$

40,000

$ 3,861,681

$ 358,595

$ 3,572,584

1496

JOURNAL OF THE HOUSE

Art Grants of Non-State Funds Humanities Grants - State Grants - Local EMA Grants - Civil Air Patrol Grants-GEMA Disaster

$ 274,194

$ 162,630

$ 1,085,000

$

57,000

$

0

Functional Units Child Advocate Council for the Arts Education Accountability Ga. Council for American Indian Concerns Georgia Emergency Management Agency Governor's Office Office of Consumer Affairs Office of Equal Opportunity Office of Homeland Security Office of Planning and Budget Office of the Inspector General Professional Standards Commission

State Funds

$ 719,483

$ 4,238,420

$ 1,206,888

$

30,000

$ 2,180,823

$ 9,161,412

$ 3,476,691

$ 764,177

$ 712,793

$ 9,479,890

$ 932,369

$ 6,650,349

Total Funds

$ 719,483

$ 4,902,513

$ 1,472,888

$

30,000

$ 6,665,342

$ 9,161,412

$ 4,044,380

$ 1,151,394

$ 712,793

$ 9,479,890

$ 932,369

$ 6,762,279

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 46,034,743 $ 5,590,903 $ 890,545 $ 39,553,295

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 the 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 Governor's Emergency Fund, $1,500,000 is intended for relief in declared disasters.

Section 16 Department of Human Resources 1. General Administration and Support

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

Total Funds

$ 105,727,584

$ 5,767,683

$ 2,696,250

$

0

$ 480,911

THURSDAY, MARCH 4, 2004

1497

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Purchase of Service Contracts Indirect Cost Payments - DMA-Community Care Major Maintenance and Construction Brain and Spinal Trust Fund Benefits
Functional Units Admin - Indirect Cost Aging Services Auditing Services Brain and Spinal Trust Fund Benefits Child Care Licensing Children's Community Based Initiative Commissioner's Office - DHR Admin Computer Services Developmental Disabilities Council Facilities Management Financial Services Fraud and Abuse/Investigative Services Health Care Facilities Regulation Human Resources Development Human Resources Mgt Gen. Admin. Office of Adoption Office of Child Support Enforcement Office of Facilities and Support Services Office of Planning and Budget Services Policy and Government Services Regulatory Services - Prog Dir. And Support Technology and Support Transportation Services
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds

$ 55,163,865

$ 10,264,593

$ 16,556,084

$ 5,593,270

$ 31,540,441

$ 2,095,936

$ 87,093,017

$

0

$ 34,317,677

$ 163,451

$ 1,850,000

State Funds

$ ($17,961,135)

$ 64,291,541

$ 2,483,613

$ 2,000,000

$ 3,650,087

$ 7,983,635

$ 1,191,672

$ 34,591,689

$

29,023

$ 6,499,514

$ 5,467,231

$ 1,786,944

$ 5,717,529

$ 1,239,398

$ 6,668,108

$ 5,602,214

$ 16,181,767

$ 5,557,937

$ 4,114,656

$ 1,246,407

$ 677,915

$ 13,239,892

$ 2,771,004

Total Funds

$

0

$ 98,847,723

$ 2,483,613

$ 2,000,000

$ 3,826,081

$ 8,258,635

$ 1,191,672

$ 70,374,452

$ 2,276,763

$ 8,677,297

$ 9,856,941

$ 6,553,468

$ 12,251,053

$ 1,239,398

$ 6,668,108

$ 8,848,033

$ 68,143,150

$ 5,548,437

$ 4,143,173

$ 1,396,407

$ 952,428

$ 16,911,419

$ 18,862,511

Fund Amount $ 359,310,762 $ 176,387,276 $ 3,982,840 $ 3,919,505 $ 175,030,641

1498

JOURNAL OF THE HOUSE

Other State Funds Tobacco Funds
2. Public Health Budget
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Purchase of Service Contracts Indirect Cost Special Purpose Contracts Grant In Aid to Counties Medical Benefits
Functional Units Adolescent Health AIDS Cancer Control Children's Medical Services Chronic Disease Community Health Management Community Tuberculosis Control Director's Office - Public Health District Health Administration Drug and Clinic Supplies Early Intervention Emergency Health Environmental Health Epidemiology Family Health Management Family Planning Grant in Aid to Counties Health Services Research High-Risk Pregnant Women and Infants Immunization Infant and Child Health

$ 2,000,000 $ 8,278,248

Total Funds

$ 55,755,173

$ 77,472,557

$ 885,429

$ 195,367

$ 1,509,862

$ 1,032,038

$ 1,053,033

$ 9,229,433

$ 196,235

$ 28,268,650

$

0

$ 308,000

$ 153,888,428

$ 6,138,072

State Funds

$ 2,885,718

$ 15,080,753

$ 8,225,968

$ 6,248,767

$ 1,884,391

$ 294,270

$ 4,242,787

$ 2,733,139

$ 13,444,126

$ 4,079,320

$ 10,336,018

$ 2,319,293

$ 1,569,193

$ 3,100,969

$ 1,286,761

$ 725,000

$ 66,347,829

$ 936,370

$ 5,385,227

$

0

$ 461,052

Total Funds $ 12,580,279 $ 21,942,470 $ 8,225,968 $ 13,078,079 $ 1,884,391 $ 294,270 $ 5,841,748 $ 3,011,205 $ 13,601,694 $ 12,152,398 $ 13,037,544 $ 3,762,641 $ 2,100,668 $ 3,460,209 $ 2,192,913 $ 11,695,479 $ 67,334,380 $ 936,370 $ 5,385,227 $ 1,702,964 $ 682,913

THURSDAY, MARCH 4, 2004

1499

Injury Control Laboratory Services Maternal Health - Perinatal Newborn Follow-Up Care Oral Health Primary Health Care Public Health - Division Indirect Cost Public Health - Planning Councils Sexually Transmitted Diseases Sickle Cell, Vision and Hearing Smoking Prevention and Cessation Stroke and Heart Attack Prevention Vital Records Women, Infants and Children Nutrition
Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds
3. Family and Children Services Budget
Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Service Benefits For Children Purchase of Service Contracts Indirect Cost Grants to County DFCS - Operations Special Purpose Contracts Children's Trust Fund Cash Benefits

$ 143,983

$ 7,752,630

$ 1,183,521

$ 2,425,625

$ 2,578,298

$ 477,088

$ (4,024,899)

$ 127,890

$ 1,009,508

$ 5,685,222

$ 11,434,586

$ 985,089

$ 1,983,776

$

0

$ 255,988

$ 7,902,630

$ 2,867,080

$ 5,402,983

$ 2,903,473

$ 593,232

$

0

$ 145,387

$ 3,285,095

$ 6,452,041

$ 11,434,586

$ 2,195,951

$ 2,264,558

$ 85,325,463

Fund Amount $ 335,932,277 $ 152,038,161 $ 324,160 $ 220,688 $ 183,349,268 $ 22,193,977

Total Funds

$ 13,908,298

$ 3,172,895

$ 1,206,903

$ 237,019

$ 455,237

$ 669,785

$ 6,681,954

$ 8,584,832

$ 2,401,505

$ 474,778,521

$ 31,064,866

$

0

$ 389,494,849

$ 7,212,714

$ 7,461,938

$ 123,303,498

1500

JOURNAL OF THE HOUSE

Functional Units Adoption Supplement Child Care and Parent Services Children's Trust Fund Community Services - DHR DFCS County DFACS Operations - Eligibility County DFACS Operations - Employability County DFACS Operations - Homemaker County DFACS Operations - Joint & Admin County DFACS Operations - Social Services Day Care DFCS - Indirect Cost Director's Office - DHR DFCS Economic Support Employability Benefits Energy Benefits Family Foster Care Field Management Fiscal Management Food Stamp Issuance Institutional Foster Care Legal Services Prevention of Foster Care Professional Development - DFCS Quality Assurance/Evaluation and Reporting Refugee Programs Social Services Special Projects Specialized Foster Care Temporary Assistance for Needy Families Troubled Children/MATCH

State Funds

$ 28,604,393

$ 419,493

$ 7,453,650

$ 1,939,005

$ 50,490,070

$ 10,247,979

$

0

$ 45,117,639

$ 64,504,087

$ 49,941,358

$ (12,942,832)

$ 981,512

$ 2,965,042

$ 10,743,985

$

0

$ 37,137,938

$ 2,856,460

$ 2,631,522

$

0

$ 40,213,414

$ 2,670,531

$ 3,069,048

$ 3,240,013

$ 3,734,855

$

0

$ 5,850,973

$ 3,997,204

$ 7,851,508

$ 50,584,878

$ 36,720,495

Total Funds

$ 49,863,693

$ 419,493

$ 7,453,650

$ 14,160,081

$ 115,435,327

$ 26,143,148

$ 7,802,877

$ 91,917,141

$ 148,596,356

$ 174,750,043

$

0

$ 981,512

$ 2,965,042

$ 43,105,900

$ 7,223,130

$ 68,872,403

$ 2,856,460

$ 4,617,351

$ 3,190,752

$ 61,823,596

$ 6,546,322

$ 16,744,598

$ 5,233,714

$ 3,734,855

$ 2,795,420

$ 7,040,444

$ 4,037,204

$ 13,280,480

$ 114,134,948

$ 64,908,874

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds Tobacco Funds

Fund Amount $1,070,634,814 $ 554,653,450 $ 54,957,144 $ 461,024,220 $ 3,341,218

4. Community Mental Health / Mental Retardation and Institutions

Objects of Expenditure Personal Services

Total Funds $ 298,642,606

THURSDAY, MARCH 4, 2004

1501

Motor Vehicle Purchases Utilities Operating Expenses Major Maintenance and Construction Community Services

$ 200,000 $ 9,483,000 $ 59,427,232 $ 1,991,161 $ 477,665,750

Functional Units Augusta Regional Hospital Central State Hospital Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services Georgia Regional Hospital at Atlanta Georgia Regional Hospital at Savannah Gracewood State School and Hospital MH/MR/SA Administration Northwest Regional Hospital at Rome Outdoor Therapeutic Programs Regional Administration Southwestern State Hospital State Mental Health/Mental Retardation Inst. West Central Regional Hospital

State Funds $ 15,387,651 $ 66,184,221 $ 197,011,106 $ 132,992,447 $ 47,117,757 $ 30,813,465 $ 17,111,722 $ 18,209,219 $ 6,759,666 $ 23,156,663 $ 3,333,322 $ 6,948,080 $ 20,048,780 $ 8,458,874 $ 19,457,788

Total Funds

$ 21,301,244

$ 116,022,689

$ 210,033,608

$ 167,227,086

$ 102,243,658

$ 41,929,429

$ 21,567,229

$ 46,796,420

$ 15,241,492

$ 33,736,471

$ 4,274,012

$ 9,093,254

$ 33,618,704

$

0

$ 24,324,453

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds

Fund Amount $ 847,409,749 $ 123,187,417 $ 1,313,100 $ 118,377,345 $ 612,990,761 $ 10,255,138

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group 1 2 3 4

Standards of Need $235 356 424 500

Maximum Monthly Amount $155 235 280 330

1502

JOURNAL OF THE HOUSE

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 and 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 its 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 17 Department of Industry, Trade and Tourism

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Georgia Ports Authority Lease Rentals Local Welcome Center Contracts Marketing Waterway Development In Georgia

Total Funds

$ 12,535,010

$ 1,211,202

$ 590,306

$

15,597

$ 376,336

$ 829,284

$ 416,120

$

35,200

$ 889,023

$ 14,850,634

$ 244,335

$ 8,658,073

$

48,750

Functional Units Administration - DITT

State Funds

Total Funds

$ 25,699,543 $ 25,699,543

THURSDAY, MARCH 4, 2004

1503

Economic Development Film Tourism Trade
Fund Allocations Total Funds State Funds
Section 18 Department of Insurance
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees
Functional Units Fire Safety and Mobile Home Regulations Industrial Loans Regulation Insurance Regulation Internal Administration - Insurance Special Insurance Fraud Fund
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds
Section 19 Department of Juvenile Justice
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 6,835,411 $ 6,835,411 $ 609,492 $ 609,492 $ 4,645,404 $ 4,645,404 $ 2,910,020 $ 2,910,020
Fund Amount $ 40,699,870 $ 40,699,870

Total Funds

$ 15,043,088

$ 702,947

$ 433,030

$

80,176

$

20,000

$ 223,000

$ 622,028

$ 353,700

$

86,042

State Funds $ 3,790,305 $ 510,639 $ 4,607,360 $ 5,145,354 $ 2,473,853

Total Funds $ 4,826,805 $ 510,639 $ 4,607,360 $ 5,145,354 $ 2,473,853

Fund Amount

$ 17,564,011

$ 954,555

$

81,945

$ 16,527,511

Total Funds $ 162,525,770 $ 14,390,568 $ 2,167,512 $ 214,143 $ 686,951

1504

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Service Benefits For Children Children And Youth Grants Juvenile Justice Grants Institutional Repairs and Maintenance
Functional Units Assessment and Classification Children and Youth Coordinating Council Community Corrections Court Services Day Centers Group Homes Multi-Service Centers Office of Training Regional Youth Development Centers Transportation - Juvenile Justice YDC Purchased Services Youth Development Centers Youth Services Administration
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds
Section 20 Department of Labor
A: Budget Unit Department of Labor
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 3,398,720 $ 4,202,418 $ 2,255,742 $ 4,329,248 $ 5,438,254 $ 3,260,451 $ 89,071,145 $ 200,000 $ 1,203,259 $ 383,333

State Funds $ 911,303 $ 832,092 $ 41,217,008 $ 29,803,116 $ 574,022 $ 1,848,949 $ 4,252,246 $ 3,255,802 $ 80,598,300 $ 1,561,125 $ 21,462,996 $ 67,350,581 $ 19,800,182

Total Funds $ 911,303 $ 2,282,648 $ 50,578,032 $ 34,307,923 $ 574,022 $ 1,848,949 $ 4,342,246 $ 3,255,802 $ 82,102,260 $ 1,561,125 $ 22,366,803 $ 69,598,000 $ 19,998,401

Fund Amount $ 293,727,514 $ 2,282,612 $ 17,977,180 $ 273,467,722

Total Funds

$ 87,837,168

$ 7,405,831

$ 1,481,527

$

34,858

$ 566,309

$ 2,710,148

THURSDAY, MARCH 4, 2004

1505

Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury WIA Contracts

$ 2,830,503 $ 1,910,832 $ 2,588,378 $ 1,508,987 $ 1,287,478 $ 54,500,000

Functional Units Department of Labor

State Funds

Total Funds

$ 24,792,062 $ 164,662,019

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 164,662,019 $ 129,468,740 $ 10,401,217 $ 24,792,062

B: Budget Unit Division of Rehabilitation Services

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Purchase of Service Contracts Special Purpose Contracts Case Services Major Maintenance and Construction

Total Funds

$ 92,969,382

$ 14,030,595

$ 2,003,571

$

39,095

$ 1,085,790

$ 2,573,235

$ 6,022,313

$ 2,953,221

$ 7,314,026

$ 4,425,033

$ 12,545,710

$ 1,080,076

$ 41,304,191

$ 255,000

Functional Units Administration - Rehabilitation Business Enterprise Program Disability Adjudication Georgia Industry for the Blind Roosevelt Warm Springs Institute Vocational Rehabilitation Services

State Funds

$ 2,410,128

$ 347,875

$

0

$ 701,562

$ 6,679,678

$ 17,536,493

Total Funds $ 3,887,774 $ 1,651,003 $ 55,297,080 $ 11,800,937 $ 30,389,768 $ 85,574,676

1506

JOURNAL OF THE HOUSE

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount $ 188,601,238 $ 128,292,500 $ 150,000 $ 32,483,002 $ 27,675,736

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 Creating and Worker Assistance Act of 2002" (P.L. 107-147) and Section 903(d) of the Social Security Act, as amended, $49,339,507 is designated for administration of the unemployment compensation law and public employment offices, including workforce information service delivery, technology, resources, and equipment to support employment, workforce staff training, studies and reports, buildings, fixtures, furnishings, and supplies. The amount hereby appropriated shall not exceed the limitations provided in Code Section 34-8-85 of the Official Code of Georgia Annotated, and shall be obligated and expended in accordance with Section 903 (d) (4) of the Social Security Act.

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.

Section 21 Department of Law

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Books For State Library

Total Funds $ 14,339,147 $ 705,564 $ 181,781 $ 299,269 $ 831,689 $ 155,913 $ 19,350,000 $ 197,158

Functional Units Department of Law

State Funds

Total Funds

$ 14,264,933 $ 36,060,521

Fund Allocations Total Funds Intra-State Agency Funding State Funds

Fund Amount $ 36,060,521 $ 21,795,588 $ 14,264,933

THURSDAY, MARCH 4, 2004

1507

Section 22 State Merit System of Personnel Administration

Objects of Expenditure Personal Services Regular Operating Expenses Travel Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury

Total Funds $ 8,630,409 $ 991,171 $ 133,213 $ 1,727,172 $ 706,480 $ 173,863 $ 239,697 $ 843,311 $ 2,201,416

Functional Units Merit System of Personnel Administration

State Funds

Total Funds

$

0 $ 15,646,732

Fund Allocations Total Funds Intra-State Agency Funding State Funds

Fund Amount

$ 15,646,732

$ 15,646,732

$

0

The Department is authorized to assess no more that $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 23 Department of Motor Vehicle Safety

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage Conviction Reports Driver License Processing

Total Funds $ 56,932,433 $ 6,972,031 $ 457,236 $ 328,884 $ 339,285 $ 12,461,537 $ 2,730,422 $ 2,526,623 $ 330,653 $ 1,316,560 $ 750,000 $ 329,824 $ 3,044,237

1508

JOURNAL OF THE HOUSE

Functional Units Administration - DMVS Enforcement Operations DMVS

State Funds $ 27,988,917 $ 9,612,164 $ 40,264,751

Total Funds $ 33,275,502 $ 14,979,472 $ 40,264,751

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount $ 88,519,725 $ 1,496,995 $ 1,960,000 $ 7,196,898 $ 77,865,832

Section 24 Department of Natural Resources

A: Budget Unit Department of Natural Resources

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to Georgia Agrirama Development Authority Advertising And Promotion Cost Of Material For Resale Capital Outlay New Construction Capital Outlay Repairs And Maintenance Capital Outlay Wildlife Management and Area Land Capital Outlay Paving at State Parks and Historical Sites Grants-Land and Water Conservation Georgia Heritage 2000 Grants Contracts - Georgia State Games Commission Contracts Payments to Civil War Commission Contracts-Hazardous Waste Trust Fund Contracts-Solid Waste Trust Fund Contracts-Payments to Agricultural Exposition Authority Contracts-Payments to Mcintosh County Community Green Space Grants

Total Funds

$ 86,638,478

$ 15,150,657

$ 813,626

$

0

$ 1,314,415

$ 544,000

$ 3,282,064

$ 1,356,959

$ 1,268,551

$ 6,253,031

$ 903,941

$ 689,910

$ 1,293,300

$ 669,178

$ 3,314,750

$ 982,330

$ 500,000

$ 800,000

$ 241,277

$

97,500

$

57,465

$ 3,595,077

$

0

$ 1,703,228

$ 100,000

$

0

THURSDAY, MARCH 4, 2004

1509

Contracts-Payments to Baker County Contracts-Payments to Calhoun County Payments SW Georgia Railroad Excursion Authority

$

31,000

$

24,000

$ 407,696

Functional Units Civil War Commission Coastal Resources Commissioner's Office - DNR Environmental Protection Georgia State Games Commission Historic Preservation Parks, Recreation and Historic Sites Pollution Prevention Assistance Program Support SW Georgia Railroad Excursion Authority Wildlife Resources

State Funds

$

57,465

$ 2,282,940

$ 5,007,486

$ 29,975,224

$

97,500

$ 2,008,021

$ 19,219,215

$ 286,683

$ 7,359,627

$ 407,696

$ 29,265,619

Total Funds

$

57,465

$ 2,453,802

$ 5,054,752

$ 40,179,380

$

97,500

$ 2,498,021

$ 38,811,004

$ 390,596

$ 7,359,627

$ 407,696

$ 34,722,590

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount $ 132,032,433 $ 10,040,193 $ 3,907,103 $ 22,117,661 $ 95,967,476

B: Budget Unit Georgia Agricultural Exposition Authority

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Per Diem and Fees Contracts

Total Funds

$ 3,205,081

$ 2,305,631

$

10,000

$

36,796

$

20,000

$

80,000

$

89,167

$ 754,000

Functional Units Georgia Agricultural Exposition Authority

State Funds

Total Funds

$

0 $ 6,500,675

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds

Fund Amount $ 6,500,675 $ 1,703,228 $ 4,797,447

1510

JOURNAL OF THE HOUSE

State Funds

$

0

C: Budget Unit Georgia Agrirama Development Authority

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Telecommunications Per Diem and Fees Capital Outlay Contracts Materials For Resale

Total Funds

$ 923,985

$ 172,637

$

1,790

$

8,830

$

1,000

$

15,000

$

0

$

52,000

$

5,000

$

75,000

Functional Units Georgia Agrirama Development Authority

State Funds

Total Funds

$

0 $ 1,255,242

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount

$ 1,255,242

$ 903,941

$ 351,301

$

0

Provided, that to the extent of the 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 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, than for other purposes within the object class. This 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 purpose of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Cherokee, Clayton, Cobb, Coweta,

THURSDAY, MARCH 4, 2004

1511

Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.

Section 25 State Board of Pardons and Paroles

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Services Purchases County Jail Subsidy

Total Funds

$ 38,442,338

$ 1,333,825

$ 331,800

$ 291,500

$ 591,200

$ 2,764,792

$ 1,002,721

$ 523,304

$ 690,679

$

20,000

$ 617,500

Functional Units Board of Pardons and Paroles

State Funds

Total Funds

$ 46,609,659 $ 46,609,659

Fund Allocations Total Funds State Funds

Fund Amount $ 46,609,659 $ 46,609,659

Section 26 Department of Public Safety

A: Budget Unit Department of Public Safety

Objects of Expenditure 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

Total Funds

$ 65,329,194

$ 7,795,297

$

76,895

$ 2,876,986

$ 290,290

$ 654,000

$ 100,695

$ 1,743,369

$ 240,122

$ 289,333

$ 316,237

1512

JOURNAL OF THE HOUSE

Functional Units Administration - Public Safety Capitol Police Field Operations

State Funds

$ 14,579,294

$

0

$ 60,991,689

Total Funds $ 15,419,294 $ 3,151,435 $ 61,141,689

Fund Allocations Total Funds Intra-State Agency Funding State Funds

Fund Amount $ 79,712,418 $ 4,141,435 $ 75,570,983

B: Budget Unit Units Attached for Administrative Purposes Only

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Highway Safety Grants Peace Officers Train Grants

Total Funds

$ 10,875,436

$ 2,618,201

$ 113,908

$ 160,599

$ 266,767

$ 312,679

$ 303,858

$ 201,129

$

0

$

29,579

$ 2,525,200

$ 1,720,940

Functional Units Fire Academy Ga. Firefighters Standards & Training Coun. Ga. Peace Officers Standards and Training Georgia Public Safety Training Facility Office of Highway Safety Police Academy
Fund Allocations Total Funds Federal Funds Non-State Funds State Funds
Section 27 Public Service Commission
Objects of Expenditure Personal Services

State Funds $ 1,013,340 $ 455,845 $ 1,371,835 $ 9,836,879 $ 548,940 $ 1,083,893

Total Funds $ 1,126,203 $ 455,845 $ 1,371,835 $ 11,197,780 $ 3,794,167 $ 1,182,466
Fund Amount $ 19,128,296 $ 3,245,227 $ 1,572,337 $ 14,310,732

Total Funds $ 6,721,487

THURSDAY, MARCH 4, 2004

1513

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$ 250,711

$ 111,876

$

44,427

$

15,300

$ 208,791

$ 494,933

$ 117,773

$ 628,262

$ 431,908

Functional Units Public Service Commission

State Funds

Total Funds

$ 8,752,157 $ 9,025,468

Fund Allocations Total Funds Federal Funds State Funds

Fund Amount $ 9,025,468 $ 273,311 $ 8,752,157

Section 28 Boards of Regents, University System of Georgia

A: Budget Unit Resident Instruction

Objects of Expenditure Capital Outlay Personal Services- General and Departmental Personal Services- Sponsored Operating Expenses- General and Departmental Operating Expenses- Sponsored Forestry Research Special Funding Initiative Student Education Enrichment Program Office of Minority Business Enterprises Research Consortium

Total Funds $ 95,063,332 $1,803,949,949 $ 503,438,312 $ 470,912,762 $ 755,196,564 $ 955,831 $ 31,120,771 $ 326,759 $ 988,152 $ 28,277,080

Functional Units Resident Instruction

State Funds

Total Funds

$1,434,714,537 $3,690,229,512

Fund Allocations Total Funds Agency Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount $3,690,229,512 $ 132,560,254 $ 3,039,500 $2,119,915,221 $1,434,714,537

1514

JOURNAL OF THE HOUSE

Tobacco Funds

$ 6,244,639

B: Budget Unit Regents Central Office and Other Organized Activities

Objects of Expenditure SREB Payments Georgia Medical College Health, INC. Personal Services- General and Departmental Personal Services- Sponsored Operating Expenses- General and Departmental Operating Expenses- Sponsored Agriculture Research ATDC/Economic Development Institute Center for Assistive Technology Regents Opportunity Grants Rent to the Georgia Military College Public Libraries

Total Funds $ 801,572 $ 33,168,087 $ 130,279,493 $ 75,862,198 $ 49,173,098 $ 41,236,508 $ 2,654,645 $ 24,377,860 $ 8,624,939 $ 517,964 $ 1,763,562 $ 33,892,788

Functional Units ATDC/Economic Development Institute Agricultural Experiment Station Athens and Tifton Veterinary Laboratories Cooperative Extension Service Georgia Radiation Therapy Center Georgia Tech Research Institute Marine Institute Marine Resources Extension Center Med. College of Ga. Hospital and Clinics Public Libraries Regents Central Office Skidaway Institute of Oceanography Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital

State Funds

$ 9,361,860

$ 43,074,977

$

0

$ 36,143,638

$

0

$ 9,086,302

$ 996,208

$ 1,550,755

$

0

$ 34,494,522

$ 43,350,710

$ 1,691,708

$ 3,461,327

$ 492,975

Total Funds $ 24,377,860 $ 75,516,239 $ 4,653,970 $ 59,237,775 $ 3,625,810 $ 130,668,179 $ 1,763,841 $ 2,735,555 $ 193,500 $ 38,803,477 $ 43,457,559 $ 6,664,647 $ 3,461,327 $ 7,192,975

Fund Allocations Total Funds Intra-State Agency Funding Non-State Funds State Funds

Fund Amount $ 402,352,714 $ 350,000 $ 218,297,732 $ 183,704,982

C: Budget Unit Georgia Public Telecommunications Commission

THURSDAY, MARCH 4, 2004

1515

Objects of Expenditure Personal Services Operating Expenses General Programming Payment to the GPTC
Functional Units GPTC
Fund Allocations Total Funds State Funds
Section 29 Department of Revenue
Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Postage County Tax Officials/Retirement and FICA Investment For Modernization Homeowner Tax Relief Grants
Functional Units Alcohol and Tobacco Compliance Division Departmental Administration - Revenue Income Tax Unit Information Systems Internal Administration - Revenue Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting

Total Funds $ 12,386,675 $ 15,351,295 $ 4,070,278 $ 17,703,442

State Funds

Total Funds

$ 17,703,442 $ 49,511,690

Fund Amount $ 49,511,690 $ 17,703,442

Total Funds

$ 58,083,981

$ 7,474,771

$ 987,071

$

49,980

$ 276,384

$ 14,723,799

$ 6,935,736

$ 1,347,830

$ 606,992

$ 1,223,613

$

0

$ 3,984,294

$ 17,785,550

$ 380,000,000

State Funds

$ 3,187,810

$ 21,277,267

$ 19,449,496

$ 7,372,184

$ 14,700,172

$ 7,513,511

$ 382,669,768

$ 5,638,130

$

5,000

$ 5,231,798

Total Funds

$ 3,343,584

$ 25,183,030

$ 37,235,046

$ 7,372,184

$ 15,955,172

$ 7,513,511

$ 384,779,903

$ 5,660,773

$

5,000

$ 6,431,798

1516

JOURNAL OF THE HOUSE

Fund Allocations Total Funds Federal Funds Intra-State Agency Funding Non-State Funds State Funds Tobacco Funds

Fund Amount $ 493,480,001 $ 178,417 $ 2,545,000 $ 23,711,448 $ 467,045,136 $ 150,000

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 30 Secretary of State A: Budget Unit Secretary of State

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Payments to State Treasury Election Expenses

Total Funds

$ 19,115,287

$ 3,694,661

$ 357,621

$

0

$

65,019

$ 3,025,887

$ 4,426,157

$ 919,642

$ 171,876

$ 835,455

$

0

$ 364,335

Functional Units Archives and Records Business Services - Corporations Business Services - Securities Capitol Education Center Drugs and Narcotics Elections and Campaign Disclosure Holocaust Commission Internal Administration - Sec of State State Ethics Commission State Examining/ Prof. Licensing Boards

State Funds $ 6,487,296 $ 1,102,649 $ 1,907,238 $ 363,940 $ 1,296,730 $ 5,223,354 $ 259,766 $ 5,465,822 $ 759,751 $ 8,801,643

Total Funds $ 6,562,296 $ 2,085,400 $ 1,957,238 $ 363,940 $ 1,296,730 $ 5,243,354 $ 259,766 $ 5,495,822 $ 759,751 $ 8,951,643

Fund Allocations Total Funds

Fund Amount $ 32,975,940

THURSDAY, MARCH 4, 2004

1517

Governor's Emergency Funds Non-State Funds State Funds Other State Funds

$

0

$ 1,307,751

$ 31,668,189

$

0

B: Budget Unit Georgia Real Estate Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds

$ 1,572,130

$ 145,000

$

47,000

$

12,500

$ 154,185

$ 179,512

$

79,043

$ 110,902

$

30,000

Functional Units Real Estate Commission

State Funds

Total Funds

$ 2,330,272 $ 2,330,272

Fund Allocations Total Funds State Funds

Fund Amount $ 2,330,272 $ 2,330,272

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 31 Soil and Water Conservation Commission

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds

$ 1,865,751

$ 355,563

$

43,721

$

90,534

$

65,115

$

11,605

$ 202,339

$

43,461

$ 129,176

$ 1,663,066

1518

JOURNAL OF THE HOUSE

Functional Units Soil and Water Conservation Commission

State Funds

Total Funds

$ 3,192,797 $ 4,470,331

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 4,470,331 $ 476,405 $ 801,129 $ 3,192,797

Section 32 Student Finance Commission

A: Budget Unit Student Finance Commission

Objects of Expenditure Governor's Scholarships Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants GA. Military/N. GA. Military Transfer Scholarship North GA. College and State University Military Scholarship Leveraging Educational Assistance Partnership Program

Total Funds

$ 2,666,915

$ 3,665,449

$ 29,108,559

$

64,655

$ 455,856

$ 685,560

$

22,427

$ 1,487,410

Functional Units Georgia Student Finance Authority

State Funds

Total Funds

$ 37,636,178 $ 38,156,831

Fund Allocations Total Funds Federal Funds State Funds

Fund Amount $ 38,156,831 $ 520,653 $ 37,636,178

B: Budget Unit Georgia Non-Public Post-Secondary Education

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

Total Funds

$ 557,222

$

18,495

$

8,000

$

6,300

$

3,420

$

49,015

$

8,996

$

7,060

$

13,565

THURSDAY, MARCH 4, 2004

1519

Functional Units Ga. Nonpublic Postsecondary Education Comm

State Funds

Total Funds

$ 672,073 $ 672,073

Fund Allocations Total Funds State Funds

Fund Amount $ 672,073 $ 672,073

Objects of Expenditure Post Secondary Options / HOPE Joint Enrollment Law Enforcement Personnel Dependents' Grants GA. Military/North GA. Military Transfer Scholarship HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees HOPE Scholarships - Private Colleges Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration

Total Funds $ 750,000 $ 255,850 $ 770,477 $ 260,517,431 $ 55,896,225 $ 60,501,057 $ 45,086,180 $ 5,332,698 $ 5,855,278 $ 559,090 $ 760,000 $ 1,992,161 $ 3,029,196

Functional Units Lottery for Education - Student Finance

State Funds

Total Funds

$ 441,305,643 $ 441,305,643

Fund Allocations Total Funds State Funds Lottery Funds

Fund Amount $ 441,305,643 $ 441,305,643 $ 441,305,643

Section 33 Teachers' Retirement System

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Floor Fund, Local System Retirees COLA, Local System Retirees

Total Funds

$ 12,701,449

$ 844,344

$

76,500

$ 115,000

$ 9,185,000

$ 723,975

$ 270,000

$ 493,000

$

99,000

$ 2,390,000

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Functional Units Teachers' Retirement System

State Funds

Total Funds

$ 2,489,000 $ 26,898,268

Fund Allocations Total Funds Non-State Funds State Funds

Fund Amount $ 26,898,268 $ 24,409,269 $ 2,489,000

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.

Section 34 Department of Technical and Adult Education

A: Budget Unit Department of Technical and Adult Education

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Personal Services - Institutions Operating Expenses - Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program

Total Funds

$ 6,191,294

$ 336,985

$ 125,510

$

19,359

$ 427,695

$ 586,463

$ 115,980

$ 126,671

$ 169,110

$ 263,032,595

$ 63,264,442

$ 6,122,305

$ 19,456,603

$ 3,481,395

$ 12,704,981

Functional Units Administration - DTAE Institutional Programs

State Funds $ 6,039,279 $ 294,374,992

Total Funds $ 8,099,067 $ 368,062,321

Fund Allocations Total Funds Federal Funds Non-State Funds State Funds

Fund Amount $ 376,161,388 $ 19,814,459 $ 55,932,658 $ 300,414,271

Section 35 Department of Transportation

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1521

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Contracts with Georgia Rail Passenger Authority Guaranteed Revenue Debt Common Reserve Fund Payments to State Road and Toll Authority

Total Funds $ 262,036,283 $ 79,541,041 $ 2,102,945 $ 1,927,750 $ 6,422,328 $ 8,850,593 $ 1,830,782 $ 4,924,470 $ 7,368,438 $1,126,805,995 $ 46,953,939 $ 3,766,087 $ 16,792,867 $ 721,355 $ 200,000 $ 26,155,000 $ 38,170,605

Motor Fuel Funds

Objects of Expenditure Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Capital Outlay Contracts Guaranteed Revenue Debt Common Reserve Fund Payments to the State Road and Toll Authority

Total Funds $ 259,515,725 $ 78,818,163 $ 2,052,810 $ 1,927,750 $ 5,574,154 $ 8,840,793 $ 1,830,781 $ 4,894,295 $ 7,278,234 $1,126,805,995 $ 46,357,857 $ 26,155,000 $ 38,170,605

Functional Units Administration - DOT Maintenance and Betterments Motor Fuel Tax - Facilities and Equipment Planning and Construction State Road and Tollway Authority

State Funds $ 26,344,145 $ 228,378,541 $ 13,632,944 $ 345,267,751 $ 38,170,605

Total Funds $ 27,247,895 $ 232,962,680 $ 14,132,944 $1,295,708,038 $ 38,170,605

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Fund Allocations Total Funds Agency Funds Federal Funds State Funds

Fund Amount $1,608,222,162 $ 8,797,470 $ 947,630,706 $ 651,793,986

State General Funds

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal Waterways Maintenance Contracts with the Georgia Rail Passenger Authority

Total Funds

$ 2,520,558

$ 722,878

$

50,135

$ 848,174

$

9,800

$

1

$

30,175

$

90,204

$ 596,082

$ 3,766,087

$ 16,792,867

$ 721,355

$ 200,000

Functional Units Air Transportation Harbor/Intra-Coastal Waterways Activities Inter-Modal Transfer Facilities Georgia Rail Passenger Authority

State Funds $ 2,168,061 $ 721,355 $ 9,740,674 $ 200,000

Total Funds $ 2,825,856 $ 721,355 $ 22,601,105 $ 200,000

Fund Allocations Total Funds Agency Funds Federal Funds State Funds

Fund Amount $ 26,348,316 $ 659,795 $ 12,858,431 $ 12,830,090

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.

THURSDAY, MARCH 4, 2004

1523

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 Funds appropriated in this Section 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 departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b) (1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing of the State's special need for appropriation.
Provided, that funding available to the Department of Transportation may be used for the 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 payments into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of

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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 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 36 Department of Veterans Service

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College of Georgia Regular Operating Expenses for Projects and Insurance

Total Funds

$ 5,931,769

$ 357,117

$ 136,200

$ 100,822

$

6,999

$ 221,889

$

85,516

$

24,500

$ 8,014,875

$ 7,790,296

$ 194,395

Functional Units Veterans Assistance Veterans Nursing Home - Augusta

State Funds $ 17,321,989 $ 4,809,704

Total Funds $ 5,074,082 $ 7,790,296

Fund Allocations Total Funds Federal Funds State Funds

Fund Amount $ 32,864,378 $ 10,732,685 $ 22,131,693

Section 37 State Board of Workers' Compensation

Objects of Expenditure Personal Services Regular Operating Expenses Travel Equipment Computer Charges Real Estate Rentals Telecommunications

Total Funds

$ 10,015,026

$ 470,115

$ 140,600

$

44,048

$ 3,261,976

$ 296,009

$ 176,744

THURSDAY, MARCH 4, 2004

1525

Per Diem and Fees Payments to State Treasury

$ 183,100 $ 1,832,453

Functional Units Workers' Compensation Board

State Funds

Total Funds

$ 17,056,071 $ 17,420,071

Fund Allocations Total Funds Non-State Funds State Funds

Fund Amount $ 17,420,071 $ 364,000 $ 17,056,071

Section 38 State of Georgia General Obligation Debt Sinking Fund

Objects of Expenditure General Obligation Bonds

Total Funds $ 740,825,224

Functional Units State of Georgia General Obligation Debt Sinking Fund - -New

State Funds

Total Funds

$ 53,978,155 $ 53,978,155

State of Georgia General Obligation Debt Sinking Fund -Issued

$ 686,847,069 $ 686,847,069

Fund Allocations Total Funds State Funds Other State Funds State Motor Fuel

Fund Amount $ 740,825,224 $ 740,825,224 $ 309,382,070 $ 66,000,000

The $43,275,000 in General Obligation Bond money for Department of Natural Resources reservoir land acquisition bond shall not be used for the construction or maintenance of golf courses.

Section 39

Section 40 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.

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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 chairmen of the House and Senate Appropriations Committees, the Legislative Budget office and with the Senate 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 41 Each agency for which appropriation is authorized herein shall maintain financial
records in such a fashion as to enable the State Auditor to readily determine expenditures by object class, which is the legal level of budgetary control contemplated in this Appropriations Act.
Section 42 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 refunds specifically authorized by law.
Section 43 No State appropriations authorized under this act shall be used to continue
programs currently funded entirely with Federal funds.
Section 44 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

THURSDAY, MARCH 4, 2004

1527

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 45 (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 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 class without the prior approval of at least eleven members of the Fiscal Affairs Subcommittee 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.

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Section 46 Wherever in the 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 supercede 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 47 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 48 State of Georgia General Obligation Debt Sinking Fund.

A.) Maturities not to exceed two hundred forty months.

Principal

Amount

Debt Service

New academic building at Georgia Military College $ 4,200,000 $ 365,400

Department of Technical and Adult Education projects:

$ 9,205,000 $ 800,835

To authorize $5,000,000 in 20 year bonds for Coosa Valley Tech Classroom Building

Construct a classroom building at Savannah Technical College, Effingham Campus$1,900,000

To authorize $155,000 in 20 year bonds for land acquisition for North Metro Tech

THURSDAY, MARCH 4, 2004

1529

To authorize $1,000,000 in 20 year bonds for design at Heart of Georgia Tech
To authorize $1,150,000 for Crossroads property
Board of Regents, University System of Georgia projects:
To authorize $5,000,000 in 20 year bonds to construct an academic instructional facility at Gwinnett University Center
To authorize $2,000,000 for the Fannin County Public Library (#1 Priority on Library List)
To authorize $2,000,000 for East Coweta County Public Library (#2 Priority on Library list)
Renovation of auditorium at South Georgia College-$500,000
Fine Arts Building (Phase III) at Georgia Southern University-$5,000,000
Construct a new Science Building at South Georgia College-$5,000,000
Department of Veterans Service projects:
Design, construction and equipment for a food production kitchen at the Georgia War Veterans Home in Milledgeville-$385,000
Smoke Dampers and air handling unit at the Georgia War Veterans Home in Milledgeville$250,000
Elevator controls and compliance upgrades at the Georgia War Veterans Home in Milledgeville and the Georgia War Veterans Nursing Home in Augusta-$350,000
Total Twenty Year Projects (New)

$ 19,500,000 $ $ 985,000 $ $ 33,890,000 $

1,696,500 85,695
2,948,430

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Section 49 State Fiscal Year 2004

$ 16,147,238,689

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 50 All laws and parts of laws in conflict with the Act are repealed.

Section 2 This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 3 All laws and parts of laws in conflict with the Act are repealed.

Representative Buck of the 112th moved that the House disagree to the Senate substitute to HB 1180.

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
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Y Dean Y Deloach Y Dix Y 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 Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

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, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham
Manning

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 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 4, 2004

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Marin Y Martin E Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1531
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 1. The motion prevailed.

Representative Graves of the 10th 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 Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 157.

By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 157
The Committee of Conference on SB 157 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 157 be adopted.

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FOR THE SENATE:
/s/ Cheeks Senator, 23rd District
/s/ Hall Senator, 22nd District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Johnny Floyd Representative, 132nd District
/s/ Jay Shaw Representative, 143rd District
/s/ Virgil Fludd Representative, 48th District, Post 4

A BILL
To amend Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," so as to allow class actions to be brought against unlicensed lenders; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to include payday lending in the definition of racketeering activity; to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to strengthen and increase the criminal and civil penalties therefor; to void payday lending loans; to declare that forum selection clauses in payday lending contracts are unenforceable in Georgia; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemptions for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties; to declare a tax on profits from payday loans; to declare sites or locations on which payday lending is taking place to be public nuisances; to provide disclosure and notice requirements regarding loans made to members of the military; to provide for severability; 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 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," is amended by striking subsection (e) and inserting in its place the following:
"(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code

THURSDAY, MARCH 4, 2004

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Section 9-11-23 or any other provision of law. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-1123 or any other provision of law."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions concerning racketeer influenced organizations, by striking divisions (9)(A)(xxxvi) and (9)(A)(xxxvii) and inserting in lieu thereof the following:
"(xxxvi) Article 8 of Chapter 9 of this title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification documents and information; or (xxxvii) Code Section 33-1-9, relating to insurance fraud.; or (xxxviii) Code Section 16-17-2, relating to payday loans."
SECTION 3. Said title is further amended by adding a new Chapter 17 to read as follows:
"CHAPTER 17
16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial

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criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce and certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter.
16-17-2. (a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter 1 of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation of said chapter; or (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than 16 percent per annum;
(2) Such loans are lawful under the terms of:

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(A) Article 1 of Chapter 1 of Title 10, 'The Retail Installment and Home Solicitation Sales Act'; (B) Article 2 of Chapter 1 of Title 10, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 of Article 3 of Chapter 12 of Title 44, relating to pawnbrokers; (3) Subject to the provisions of paragraph (4) of subsection (b) of this Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or (4) Such loan is made as a tax refund anticipation loan. In order to be exempt under this paragraph the tax refund anticipation loan must be issued using a borrowers filed tax return and the loan cannot be for more than the amount of the borrowers anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualify for a loan exemption under this paragraph. (b) Subject to the exceptions in subsection (a) of this Code section, this Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance of funds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The selling or providing of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. (c)(1) A payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clause in a payday loan contract shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power of the parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view of the amounts in controversy;

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(C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view of the amounts in controversy; and (E) Any other circumstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set forth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both.
16-17-3. Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys fees.
16-17-4. (a) Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the unlawful transactions. (b) A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to fund the budget of that office.
16-17-5. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia income taxation of

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the person making such loans and shall be in addition to any other tax liability of such person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation of this chapter. (c) A person making loans in violation of this chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such persons Georgia income tax return. (d) The state revenue commissioner shall retain returns under this Code section apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection of tax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a persons return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.
16-17-6. In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) of Code Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a scheme, device, or contrivance and whether in reality the loan is in violation of the provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender if, under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) of Code Section 16-17-2.
16-17-7. All corporations, limited liability companies, or other business entities which are engaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance and engaging in such payday lending activity in the State of Georgia shall result in the revocation of any existing certificate of authority.

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16-17-8. The site or location of a place of business where payday lending takes place in the State of Georgia is declared a public nuisance.
16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender:
(1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses. (b) If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses.
16-17-10. If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance."

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SECTION 4. This Act shall become effective on May 1, 2004.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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Representative Floyd of the 132nd moved that the House adopt the report of the Committee of Conference on SB 157.

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 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 N Buckner, G Y Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas N Chambers Y Channell Y Childers N Coan N Coleman, B Y Cooper Y Crawford Y Cummings

N Day Y Dean Y Deloach N Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner N Dukes N 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 N 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 E Hill, C

Hill, C.A N Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen N Knox N Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall N McClinton Y Millar Y 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
Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S N Rice N Richardson Y Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner N Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan N Thomas, A.M
Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 132, nays 38.

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The motion prevailed.

Representatives Hill of the 147th and Howard of the 98th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:

HR 1471. By Representatives Skipper of the 116th and Buck of the 112th

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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of March 4, 2004, through March 15, 2004, shall be as follows:
Thursday, March 4 .....................................................in session for legislative day 29 Friday, March 5 ..........................................................in adjournment Saturday, March 6 ......................................................in adjournment Sunday, March 7.........................................................in adjournment Monday, March 8 .......................................................in adjournment Tuesday, March 9 .......................................................in session for legislative day 30 Wednesday, March 10 ................................................in adjournment Thursday, March 11 ...................................................in adjournment Friday, March 12 ........................................................in session for legislative day 31 Saturday, March 13 ....................................................in adjournment Sunday, March 14.......................................................in adjournment Monday, March 15 .....................................................in session for legislative day 32
BE IT FURTHER RESOLVED that on and after March 15, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.

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BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y 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 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
Hanner N Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree
Henson E 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, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham N Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Mitchell Y Mobley Y Moraitakis Y Morris
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
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor
Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes N Stoner Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 152, nays 14. The Resolution was adopted.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1476. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Lindsey Nicole Phillips and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1477. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Monique Gupta and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1478. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending David C. Boyle and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1479. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Dennis E. Lackey and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1480. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:

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A RESOLUTION commending Josie Neshelle Daniel and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1481. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Heather Elizabeth Heyman and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1482. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Joy L. Cash and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1483. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Nerissa Chambliss and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1484. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Jennifer L. Raynor and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1485. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Mallory Layne Lanier and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

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HR 1486. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Johnathan M. Davis and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1487. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Charles R. Donaldson and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1488. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Julia Raykin and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1489. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Toma S. Omonuwa and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1490. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Stacie Renee Crosby and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1491. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:

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A RESOLUTION commending Cynthia Thornton and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1492. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Barry McGee and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1493. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Jane A. Okpala and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1494. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Gareth R. Sheppard and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1495. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Linh Uyen Thi Tran and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1496. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Lindsey R. Stewart and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

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HR 1497. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Robert Calhoun Ware and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1498. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Yogin P. Patel and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1499. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Jeremy S. Vandergriff and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1500. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Aksana Marshall and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1501. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Cori Hill and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1502. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:

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A RESOLUTION commending Scott D. Berl and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1503. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Brian Joseph Joiner and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1504. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Brent Watson and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1505. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Cynthia Lester Shepherd and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1506. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Rita C. Thompson and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1507. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Nicholas M. Marshall and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

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HR 1508. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Daniel B. Price and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1509. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Howell of the 92nd:
A RESOLUTION commending Kevin L. Francis and the University System of Georgia Outstanding Scholars on Academic Recognition Day for 2004; and for other purposes.

HR 1511. By Representative Hembree of the 46th:
A RESOLUTION commending Marcus White on attaining the rank of Eagle Scout; and for other purposes.

HR 1512. By Representative Ashe of the 42nd, Post 2:
A RESOLUTION commending the Southern Order of Storytellers and recognizing November 14-20, 2004, as Georgia Storytelling Week; and for other purposes.

HR 1513. By Representative Bannister of the 70th, Post 1:
A RESOLUTION commending Robert Gaines Carpenter, Jr., on attaining the rank of Eagle Scout; and for other purposes.

HR 1514. By Representatives Graves of the 106th, Lucas of the 105th, Birdsong of the 104th, Ray of the 108th, Randall of the 107th and others:
A RESOLUTION commending Dr. Michael Greene; and for other purposes.

HR 1515. By Representatives Rynders of the 137th, Dukes of the 136th and Roberts of the 135th:

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A RESOLUTION commending George M. Kirkland, Jr., for his outstanding career as a realtor; and for other purposes.

HR 1516. By Representatives Royal of the 140th, Sholar of the 141st, Post 1, Hanner of the 133rd, Floyd of the 132nd, Shaw of the 143rd and others:
A RESOLUTION commending the Georgia peanut industry and recognizing March 10, 2004, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.

HR 1517. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A RESOLUTION commending Van and Donna Horton; and for other purposes.

HR 1518. By Representatives Williams of the 4th, Brock of the 5th, White of the 3rd, Post 2, Forster of the 3rd, Post 1 and Graves of the 10th:
A RESOLUTION recognizing the Georgia Assembly of Community Arts Agencies; and for other purposes.

HR 1519. By Representatives Noel of the 44th, Teper of the 42nd, Post 1, Harrell of the 54th, Henson of the 55th, Forster of the 3rd, Post 1 and others:
A RESOLUTION commending Georgia Enterprises for Products and Services and the Georgia State Use Council and recognizing March 12, 2004, as the State Use Program's "Works Wonders Day" in the House of Representatives; and for other purposes.

HR 1520. By Representative Dooley of the 33rd, Post 3:
A RESOLUTION expressing appreciation to Mr. Jim Tudor; and for other purposes.

HR 1521. By Representative Dooley of the 33rd, Post 3:

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A RESOLUTION commending the staff of the House of Representatives for the 2004 Regular Session; and for other purposes.

HR 1522. By Representatives Fludd of the 48th, Post 4, Richardson of the 26th, Bruce of the 45th, Porter of the 119th, Floyd of the 132nd and others:
A RESOLUTION recognizing and commending the GeorgiaSaves program; and for other purposes.

HR 1523. By Representative Hudson of the 95th:
A RESOLUTION commending the Hancock Central Middle School Lady Bulldogs basketball team; and for other purposes.

HR 1524. By Representative Hudson of the 95th:
A RESOLUTION commending the Hancock Central High School junior varsity boys' basketball team; and for other purposes.

HR 1525. By Representative Birdsong of the 104th:
A RESOLUTION commending Linda B. Hubbard and congratulating her on the occasion of her retirement; and for other purposes.

HR 1528. By Representatives Smyre of the 111th, Hugley of the 113th, Buckner of the 109th and Buck of the 112th:
A RESOLUTION commending Carolyn Ryder and congratulating her on the occasion of her retirement; and for other purposes.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:

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Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1674 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1297 Do Pass, by Substitute

Respectfully submitted, /s/ Channell of the 77th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1423 Do Pass
Respectfully submitted, /s/ Smyre of the 111th
Chairman

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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 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1379. By Representatives Dodson of the 84th, Post 1, Jamieson of the 22nd and Rogers of the 15th:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide title protection to specific titles within the profession of industrial hygiene; to prohibit certain persons from representing themselves to the public as certified industrial hygienists, industrial hygienists in training, industrial hygienists, construction health and safety technologists, or occupational health and safety technologists; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield

Y Day Dean
Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson

Y Mitchell Mobley
Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T

Y Birdsong Y 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 Y Campbell Y Casas N Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 4, 2004

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
Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan N Joyce Y Keen N 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
McClinton Y Millar Y Mills

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 Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Smith, V Smyre
Y Snow Stanley-Turner
Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 150, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representatives Smyre of the 111th and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, Representative Thomas-Morgan of the 33rd, Post 2 was recorded as voting "nay".

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 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:

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JOURNAL OF THE HOUSE
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; 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 1180 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buck of the 112th, Smyre of the 111th and Parrish of the 102nd.

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 1496. By Representatives Smith of the 129th, Post 2, Bordeaux of the 125th, Mosley of the 129th, Post 1, Ehrhart of the 28th and Watson of the 60th, Post 2:
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 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; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

Y Day Dean
Y Deloach

Y Hill, C.A Hill, V
Y Hines

Y Mitchell Mobley
Y Moraitakis

Y Sholar Y Sims Y Sinkfield

THURSDAY, MARCH 4, 2004

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 E Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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 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 N Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall
McClinton Millar Y Mills

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
Rynders Y Sailor Y Scott
Shaw Y Sheldon

1555
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 Morgan Y Thomas, A.M
Thompson Y Walker, L
Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 156, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representatives Rynders of the 137th, Smyre of the 111th and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1272. By Representatives Barnard of the 121st, Post 1, DeLoach of the 127th, Stephens of the 123rd, Lane of the 101st, Keen of the 146th 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

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JOURNAL OF THE HOUSE
Lottery for Education, so as to provide for the establishment of a financial account known as the Georgia Peach Account; and for other purposes.

The following Committee substitute was read and adopted:

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, so as to provide for methods of payment of lottery tickets; to authorize the establishment of a financial account; to provide for the deposit of funds into individual accounts by members of the public; to provide for methods of deposit; to provide that no funds deposited shall be refunded; to provide for abandoned accounts; to authorize and direct the board of trustees to devise a method pursuant to which a person who is eligible to purchase a Georgia lottery ticket may purchase a share in a lottery game by means of a public or private computer terminal or other electronic means; to provide for periodic progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking in its entirety paragraph (2) of Code Section 50-27-10, relating to adoption by the board of procedures regulating the conduct of lottery games, and inserting in lieu thereof the following:
"(2) The sale price of tickets or shares and the manner of sale; provided, however, that all sales shall be for cash only and payment by checks, credit cards, charge cards, or any form of deferred payment is prohibited by cash, certified funds, debit card, electronic transaction, or credit card; provided, further, that any deposits by credit card shall be limited to $5.00 per day;"
SECTION 2. Said article is further amended by inserting immediately following Code Section 50-2723 a new Code section to read as follows:
"50-27-23.1. (a) The corporation is authorized to establish a financial account designed so that any person who is eligible to purchase Georgia lottery tickets can establish an individual account with Internet access and the ability to monitor and make deposits into the account. Such individual account shall not bear interest. Funds deposited into an

THURSDAY, MARCH 4, 2004

1557

individual account shall not be refunded, and the only withdrawals allowed shall be a debiting of the account for the on-line purchase of lottery tickets. Deposits to the individual accounts may be made by any means allowed by Code Section 50-27-10 for the purchase of lottery tickets. Any such individual account showing no activity for a period of one year shall be deemed abandoned and the funds therein shall become the funds of the corporation and treated in the same manner as unclaimed prizes. The corporation is authorized to establish a method so that any person eligible to purchase lottery tickets may establish an account and purchase shares in a lottery game on the Internet by deducting the cost of the purchase from his or her individual account. (b) The board is authorized and directed to devise a method pursuant to which a person who is eligible to purchase a lottery ticket may purchase tickets or shares in lottery games either through a lottery retailer or by using public or private computer terminals or other electronic devices or means. Such method may be as provided in subsection (a) of this Code section or by such other method as the board deems suitable. The board is authorized to determine which games may be so played and may limit the persons authorized to purchase tickets or shares to Georgia residents. The board is further authorized to make such provisions as may be necessary to comply with federal laws. The board shall initiate the provisions of this subsection not later than December 31, 2006, and shall make periodic progress reports to the Georgia Lottery Corporation Legislative Oversight Committee, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, with the first such report being due not later than December 31, 2004."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders

Y Day Dean
Y Deloach Y Dix N Dodson
Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart Y Elrod Y Epps

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, C

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby N Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E

1558
Y Bridges N Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn
Burkhalter Y Burmeister N Butler Y Campbell N Casas Y Chambers Y Channell Y Childers E Coan Y Coleman, B Y Cooper Y Crawford N Cummings

JOURNAL OF THE HOUSE

Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson E Hill, C

N Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey N Maxwell Y McBee N McCall
McClinton N Millar N Mills

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 N Rogers, Ch. Y Royal Y Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Stephens, R Stephenson
Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 32.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

HB 1138. By Representatives Smith of the 13th, Post 2, Greene of the 134th, Smith of the 110th and Benfield of the 56th, Post 1:
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 on a state highway, county road, or municipal street or on private property while a child is restrained in a child passenger restraining system; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 4, 2004

1559

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter E Burmeister Y Butler Y Campbell N Casas N Chambers Y Channell Y Childers E Coan N Coleman, B N Cooper N Crawford N Cummings

N Day Dean
Y Deloach N Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner
Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin N Harper
Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes N Houston Y Howard N Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas N Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin
Massey N Maxwell Y McBee N McCall
McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Morris
Y Mosby Y Mosley N 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 N Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor Y Scott
Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates Coleman, Speaker

On the passage of the Bill, the ayes were 120, nays 39. The Bill, having received the requisite constitutional majority, was passed.

Representative Dollar of the 31st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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JOURNAL OF THE HOUSE

Representatives Hudson of the 95th and Stanley-Turner of the 43rd, Post 2 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1354. By Representatives Lucas of the 105th, Wix of the 33rd, Post 1, Rogers of the 20th and Skipper of the 116th:
A BILL to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Public Service Commission, so as to define a certain term; to increase the amount of certain special fees; to increase a certain amount available for appropriation to the Public Service Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister
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 N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin
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

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q N Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
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 Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren
Watson N Westmoreland N White N Wilkinson N Willard

Y Childers N Coan N Coleman, B N Cooper N Crawford
Cummings

THURSDAY, MARCH 4, 2004

Y Heard, K N Heath Y Heckstall N Hembree Y Henson E Hill, C

N Maxwell Y McBee
McCall McClinton N Millar N Mills

Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

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Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 96, nays 69. The Bill, having received the requisite constitutional majority, was passed.

Representative Bannister of the 70th, Post 1 gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1354.

HB 234. By Representative Jamieson of the 22nd:
A BILL to amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks' Retirement Fund, so as to provide that in the event a covered spouse predeceases a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits, additional or partial benefits, and election to provide both retirement and survivors benefits under the Superior Court Clerks Retirement Fund, so as to provide that in the event a covered spouse predeceases or is divorced from a member who has elected survivors benefits, the benefit level shall be the same as if the member had not elected such benefits; to provide for the commencement of benefits; to provide for the reestablishment of benefits in the event of remarriage; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-14-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Superior Court Clerks Retirement Fund, additional or partial benefits, and election to provide both retirement and survivors benefits, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits the member is entitled to receive under subsections (a) and (b) of this Code section during the remainder of the members life; and, after the members death, the members surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had the member elected the full benefits provided under subsections (a) and (b) of this Code section. If the elected spouse predeceases the member, or if the member and the spouse cease to be married, the member shall be entitled to receive 100 percent of the benefits under subsection (a) or (b) as if he or she had not elected the option provided by this subsection. Such benefit shall commence on the first day of the month following the month in which the member notifies the board of trustees of such change in status. If the member subsequently remarries, he or she may establish spousal survivor benefits as otherwise provided in this subsection. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the members death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age."
SECTION 2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 4, 2004

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G 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 E 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
Jenkins, C Y Jenkins, C.F 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
McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S 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

1563
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Resolution of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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HR 1256. By Representatives Porter of the 119th, Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Coleman of the 118th and others:
A RESOLUTION urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other natural resources in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION
Urging the Congress of the United States to consider creating a national preserve or other similar federal property to protect land and other natural resources and promote hunting and fishing in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia; and for other purposes.
WHEREAS, there exist a number of federal and state government properties in a corridor extending down and along the Ocmulgee River from the Georgia Highway 16 bridge at the Butts County-Jasper County line to that river's confluence with the Oconee River and thence down and along the Altamaha River to the U.S. Highway 1 bridge in Appling County, such public properties including but not being limited to all of the Oconee National Forest south of I-20, Piedmont National Wildlife Refuge, Rum Creek Wildlife Management Area, Ocmulgee National Monument (including the Ocmulgee Old Fields), Ocmulgee Wildlife Management Area, Bond Swamp National Wildlife Refuge, Broxton Rocks Wildlife Management Area, and Moody Forest Natural Area; and
WHEREAS, while these public lands along or near the Ocmulgee and Altamaha Rivers are relatively near to each other, they remain fragmented, under different management, and dedicated to different purposes; and
WHEREAS, the location and proximity of these current public land holdings along the Ocmulgee and Altamaha Rivers yet present a unique opportunity to achieve, in a single effort, a number of important goals benefiting the general public, preserving valuable natural and historic resources, promoting hunting and fishing, stimulating local economies, and enhancing military operations; and
WHEREAS, connecting these public land holdings by acquisition of interstitial private properties along the rivers from willing sellers or by donation but not by exercise of the power of eminent domain, consolidating the public land corridor thus created under federal ownership through conveyances from the state, and unifying the purpose and

THURSDAY, MARCH 4, 2004

1565

management of such corridor by conferring national preserve or other federally protected status on the continuous whole would create a great protected river corridor consisting of an integrated system of scenic, historic, and recreational resources for the enjoyment of the nation at large; and
WHEREAS, such a national preserve or other similar federal property protecting land and other natural resources also would stimulate local economies through tourism while protecting water supplies and other natural resources, providing roaming range for wildlife, promoting hunting and fishing, and protecting Robins Air Force base from being encircled and trapped by development which could limit mission capability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Congress of the United States be and is hereby urged to consider creating a national preserve or other similar federal property to protect land and other natural resources and promote hunting and fishing in a continuous corridor of the Ocmulgee and Altamaha Rivers in central and south Georgia as described and for the reasons stated above.
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 following members of the Congress of the United States: the Speaker of the House of Representatives; Majority Leader of the Senate; chairperson of the Senate Committee on Energy and Natural Resources; chairperson of the House Committee on Resources; and each member of Georgia's congressional delegation.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black Y Boggs Y Bordeaux
Borders N Bridges

N Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart Y Elrod Y Epps N Fleming

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 N Jenkins, C N Jenkins, C.F

Y Mitchell 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 Y Parham

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R

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Y 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 Y Coleman, B N Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Floyd, H N Floyd, J Y Fludd N Forster N Franklin Y Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson E Hill, C

Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning N Marin N Martin N Massey N Maxwell Y McBee N McCall Y McClinton Y Millar N Mills

Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston
Randall 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 Y Sheldon

Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L Y Warren Y Watson
Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 105, nays 65.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative O`Neal of the 117th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1423. By Representative Warren of the 99th:
A RESOLUTION commending Mr. Charles B. Webster and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

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HR 1526. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:
A RESOLUTION congratulating the Ringgold High School Wrestling Team on its second traditional state wrestling championship in three years and inviting Coach Phil Daniels and the team to the House of Representatives; and for other purposes.

HR 1527. By Representatives Reece of the 21st, Amerson of the 9th, Rogers of the 20th, Mills of the 67th, Post 2, Childers of the 13th, Post 1 and others:
A RESOLUTION commending Mr. John A. Ferguson, Jr., and inviting him to appear before the House of Representatives; and for other purposes.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 1180. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 2003-2004; 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, Williams of the 19th, and Cheeks of the 23rd.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 157. By Senators Cheeks of the 23rd, Cagle of the 49th, Starr of the 44th and Stephens of the 51st:
A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to declare a

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legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemption for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties on behalf of the state; to provide for taxation of proceeds received; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1471. By Representatives Skipper of the 116th and Buck of the 112th:
A RESOLUTION relative to adjournment; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1408. By Representatives Watson of the 60th, Post 2, Richardson of the 26th, Porter of the 119th, Burkhalter of the 36th, Royal of the 140th and others:
A BILL to amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal, transport, and disposal of certain waste removed from grease interceptors, sand traps, oil-water separators, or grit traps that are not connected to on-site sewage management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide

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penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, is amended by designating the existing provisions of said chapter as Article 1 of said chapter.
SECTION 2. Said chapter is further amended by striking the word "chapter" and inserting in lieu thereof "article" wherever the former term appears in:
(1) Code Section 12-15-1, relating to a short title; (2) Code Section 12-15-2, relating to legislative findings; (3) Code Section 12-15-3, relating to definitions; (4) Code Section 12-15-6, relating to responsibility for ensuring compliance with said chapter; (5) Code Section 12-15-7, relating to enforcement of compliance with said chapter; and (6) Code Section 12-15-8, relating to violations.
SECTION 3. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 2
12-15-20. As used in this article, the term:
(1) 'Commercial waste' means: (A) Nontoxic, nonhazardous liquid waste water from commercial facilities; (B) Grease interceptor contents generated by a commercial food operation or institutional food preparation facility including without limitation fats, oil, grease, and food scraps; or (C) Any oil waste residue produced from vehicle maintenance or washing that discharges to an oil-water separator or sand trap.
(2) 'Department' means the Department of Natural Resources. (3) 'Division' means the Environmental Protection Division of the department. (4) 'Local governing authority' means the governing authority of a county or municipality. (5) 'Transporter' means any person or firm which owns or operates one or more waste tank trucks which receive or dispose of commercial waste in this state.

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12-15-21. (a)(1) Removal of commercial waste from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system for the purpose of transporting such waste to a disposal site shall be accomplished in a clean and sanitary manner by means of a vacuum hose or pump that shall remove the entire contents of the holding tank or pretreatment system being serviced; and such waste removed shall be received, unmingled with any hazardous waste or septic waste, into a leakproof tank truck approved and permitted for such service as provided by paragraph (2) of this subsection. Any commercial waste spilled, leaked, discharged, or otherwise released or removed from a grease interceptor, sand trap, oilwater separator, or grit trap that is not connected to an on-site sewage management system to any location other than a licensed leakproof tank truck shall be deemed a violation of this Code section. (2) Any transporter shall register with the division or the local governing authority or its designee of any county or municipality in this state in which the transporter receives or disposes of commercial waste, and registration with the division or any such local governing authority shall be valid for operation throughout the state. Such registration shall be made on a standard form prescribed by rule or regulation of the department. (3) Any commercial waste tank truck which receives or disposes of commercial waste in this state shall be inspected and permitted annually for purposes of compliance with the requirements of this subsection by the local governing authority or its designee of any county or municipality in this state in which the tank truck receives or disposes of commercial waste, and a single permit issued by the division or any such local governing authority shall be valid for operation of such truck throughout the state. Such permit shall be on a standard form prescribed by rule or regulation of the department. The permit applicant shall be required to identify the facilities at which waste carried by such truck will be disposed, and such facilities shall be identified on and be a condition of such permit. For any transporter, the amount of such annual permit fee shall be $250.00 for the first truck and $100.00 for each additional truck.
(b) Commercial waste vacuumed or pumped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system and which waste is carried by tank trucks and disposed therefrom in this state shall be disposed only at a facility which is authorized by law to receive and process such waste. No person shall dispose of commercial waste from a tank truck at any location in this state other than the place inside the property boundaries designated for such waste by the authorized facilitys owner. (c) Any originator in this state, transporter, or disposal site operator in this state of any load of commercial waste vacuumed or pumped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system shall be each responsible for maintaining a manifest system for such load of commercial waste, and the transporter shall certify on its manifest that such load of

THURSDAY, MARCH 4, 2004

1571

commercial waste is disposed in accordance with subsection (b) of this Code section or in accordance with the law of such other state in which it is disposed. The forms for such manifests shall be prescribed by rule or regulation of the department. Such manifests shall be maintained at the principal places of business of the originator, transporter, and disposal site operator for not less than three years from the date of waste removal, transport, or disposal; except that the transporters manifests covering not less than the immediately preceding 30 day period for a particular truck shall be kept in that tank truck at all times when operating in this state. Such manifests shall be made available at any time for inspection by any local governing authority or the designee thereof. (d) Any person who violates any provision of this article, the rules and regulations adopted pursuant to this article, or any permit condition or limitation established pursuant to this article shall be liable for a civil penalty not to exceed $2,500.00 per violation. For the purpose of enforcing the provisions of this article, notwithstanding any provision in Code Section 36-35-6, any other provision of law, or any municipal charter to the contrary, municipal courts shall have jurisdiction in cases of violations committed within municipalities and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation. Magistrate courts shall have jurisdiction in cases of violations of this article committed within unincorporated areas of counties and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation.
12-15-22. The department shall promulgate such rules and regulations as are reasonable and necessary for purposes of enforcement of this article not later than December 31, 2004.
12-15-23. The respective local governing authorities and their duly authorized agents are authorized to enforce compliance with this article and rules and regulations promulgated and adopted pursuant to this article.
12-15-24. This article shall be cumulative and shall not prohibit the enactment and enforcement of local ordinances by the governing authority of a county or municipality on this subject which are not in conflict with this article; provided, however, that such local governing authority shall be required to provide timely written notice to the division of any enforcement action taken pursuant to such an ordinance against an operator permitted under this article who is alleged to be in violation of such local ordinance. The division shall be notified of the initiation of any such local enforcement action and of the final conclusions or ultimate outcome of any such action."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders N 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 N Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

Y Day Dean
Y Deloach Y 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 Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott N 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, MARCH 4, 2004

1573

Representative Smith of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1529. By Representatives O`Neal of the 117th, Burkhalter of the 36th, Parrish of the 102nd, Stephens of the 124th, Post 2 and Morris of the 120th:
A BILL to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title 10 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, Code Section 20-3-84 of the Official Code of Georgia Annotated, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, Title 48 of the Official Code of Georgia Annotated, Code Section 49-5-241 of the Official Code of Georgia Annotated, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of Economic Development; and for other purposes.

The report of the Committee, which was favorable to the 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 Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis

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 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 Morgan Y Thomas, A.M

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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 E 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 E Hill, C

Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin
Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y 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 Thompson Y Walker, L Y Walker, R.L Y Warren
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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 158. By Representatives Day of the 126th and Stephens of the 123rd:
A BILL to amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the

THURSDAY, MARCH 4, 2004

1575

powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources, so as to provide that certain conservation rangers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that certain members of the Uniform Division who leave such division as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the division; to provide that when an agent of the Georgia Bureau of Investigation leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agents compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director of the Bureau of Investigation; to amend Code Section 4811-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, is amended by inserting a new subsection to be designated subsection (e) to read as follows:
"(e) As used in this subsection the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a special agent or enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or enforcement officer shall be entitled as part of such officers compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."
SECTION 2. Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources, is amended inserting a new subsection (c) to read as follows:
"(c) As used in this subsection the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a conservation ranger

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leaves the department as a result of a disability arising in the line of duty, such conservation ranger shall be entitled as part of such officers compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."
SECTION 3. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by inserting a new Code Section 35-2-49.1 to read as follows:
"35-2-49.1. (a) As used in this Code section the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. (b) When a member of the Uniform Division of the Department of Public Safety leaves the Uniform Division as a result of a disability arising in the line of duty, such member of the Uniform Division shall be entitled as part of such officers compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."
SECTION 4. Said title is further amended by adding at the end of Code Section 35-3-11, relating to the applicability to agents of the Georgia Bureau of Investigation of rules of the State Personnel Board and state merit system, a new subsection (c) to read as follows:
"(c) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When an agent of the bureau leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agents compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director."
SECTION 5. Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, is amended by inserting a new subsection (d) to read as follows:
"(d) As used in this subsection the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a special agent or enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or enforcement officer shall be entitled as part of such officers compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, MARCH 4, 2004

1577

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day 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 E Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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
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
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
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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.
Representative Smith of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 1285. By Representatives Randall of the 107th, Manning of the 32nd, Lucas of the 105th, Keen of the 146th and Hugley of the 113th:
A BILL to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minor's social security number to establish a utility or other credit account; and for other purposes.

The following substitute, offered by Representatives Randall of the 107th and Richardson of the 26th, was read and adopted:

A BILL
To amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to create a new offense relative to using a minors social security number to establish a utility or other credit account; to provide for definitions; 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 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding a new Code section to the end of the article to read as follows:
"16-9-7. (a) As used in this Code section, the term:
(1) 'Minor' means a person under the age of 17 years. (2) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities. This term also means a person, municipal corporation, county, state agency, or public authority which owns or manages a utility as defined in this paragraph. (b) It shall be unlawful for any person to knowingly use the social security number of any minor, other than the minor himself or herself, for the purpose of opening or establishing an account with a utility. (c) It shall be unlawful for any person to knowingly use the social security number of any minor, other than the minor himself or herself, for the purpose of opening or establishing an account for the extension of credit. (d) Any person convicted of a violation of subsection (b) or (c) of this Code section shall be guilty of a misdemeanor."

THURSDAY, MARCH 4, 2004
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

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
Graves, D E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham
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 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
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 Morgan Y Thomas, A.M Y Thompson 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 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 1160. By Representatives Powell of the 23rd, Greene of the 134th, Parham of the 94th, O`Neal of the 117th, Teper of the 42nd, Post 1 and others:
A BILL to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to create a new offense for tampering or interfering with electronic monitoring devices; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to create a new offense for tampering or interfering with electronic monitoring devices; to provide for penalties; to provide a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective means to track individuals and may reduce criminal recidivism as well as provide the state with monetary savings since the cost of an electronic monitoring device is far less than the cost of incarcerating an individual and an individual may be able to pay for the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage interference with these devices.
SECTION 2. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by adding a new Code Section 167-29, to read as follows:
"16-7-29. (a) It shall be unlawful for any person to knowingly and without authority tamper with, remove, destroy, or circumvent the operation of an electronic monitoring device which

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is being used for the purpose of monitoring a person who is: (1) Complying with a home arrest program as set forth in Code Section 42-1-8; (2) Wearing an electronic monitoring device as a condition of bond or pretrial release; (3) Wearing an electronic monitoring device as a condition of probation; or (4) Wearing an electronic monitor as a condition of parole.
(b) It shall be unlawful for any person to knowingly and without authority request or solicit any other person to tamper with, remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purposes described in subsection (a) of this Code section. (c) For purposes of this Code section, the term 'electronic monitoring device' shall include any device that is utilized to track the location of a person. (d) Any person who violates this Code section shall be guilty of the offense of tampering with the operation of an electronic monitoring device and shall be punished by imprisonment for not less than one nor more than 5 years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Powell of the 23rd and Greene of the 134th move to amend the Committee substitute to HB 1160 as follows: Page 2, line 2, delete words "tamper with" Page 2, line 10, delete words "tamper with"
Page 1, line 3, delete words "tampering or".

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:

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Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce
Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y 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
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 Morgan Y Thomas, A.M Y Thompson 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

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calculation of service creditable for retirement; to provide for spouses' benefits; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Retirement Fund of Georgia, so as to provide that membership dues in such fund shall be due on the first day of each month; to provide that no creditable service shall be granted for months in which dues payments are in arrears; to provide that a certain percentage of fines and forfeitures shall be due on the first day of each month; to provide a penalty for late payment; to provide that a certain amount collected in certain civil actions and for the recording of certain real estate instruments shall be due on the first day of the month; to provide for a penalty for late payments; 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; to provide that the board of governors of such retirement fund shall be authorized to provide for a surviving spouses benefit in the event of the death of a member who would be eligible to receive a retirement benefit but for reaching the age of 55; to provide conditions under which such benefit may be granted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-14-40, relating to application for membership in the fund, payments by members into the fund, and penalties for late payments, and inserting in lieu thereof the following:
"47-14-40. (a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection. Membership dues shall be $50.00 per month. The first payment shall be made at the time the application is submitted. Thereafter, all payments shall be due on the first day of each month but shall be deemed timely if received by the board on or

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before the tenth day of the month; provided, however, that for purposes of calculating late payment penalties the due date shall be the first day of the month. (b) If any payments payment required to be made to the fund by a clerk shall remain remains unpaid 90 days from the date such payment shall be is due, there shall also be due a late charge, which late charge shall be interest from the due date computed at 10 percent per annum or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this chapter, a clerk must remit the late charge with such delinquent payments the late charge as provided for herein payment. (c) No creditable service shall be granted for any month for which dues are in arrears on December 31, 2004. After such date, the board shall not accept payment of such dues in arrears, and any claim to creditable service for any such month shall be forever forfeited. Thereafter, no creditable service shall be granted for any month for which dues are in arrears on the last day of the calendar quarter during which the dues were due. After the last day of the quarter, the board shall not accept payment of such dues in arrears, and any claim to creditable service for any such month shall be forever forfeited."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 47-14-50, relating to payments to the fund from fines and bonds collected in criminal and quasi-criminal cases, duty of the collecting authority to record and remit, and penalties for late payment, and inserting in lieu thereof the following:
"47-14-50. (a) As used in this Code section, the term 'collecting authority' shall include, without limitation, any county or state officer, including any judicial officer or employee, or any other person representing or acting on behalf of any court, the state, or a political subdivision of the state who in his or her capacity collects or receives fines or forfeitures as provided in this Code section. (b) The sum of $1.75 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state or local law, ordinance, or regulation if the case is tried in any court of this state in which the clerk of such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each quarter month or at such other times as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties the due date shall be the first day of the month. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter.

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(b)(c) If the clerk or other collecting authority whose duty it is to collect and remit moneys to the fund under subsection (a) (b) of this Code section shall fail to remit such moneys within 60 90 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. All After April 1, 1966, all moneys which have not been paid to the fund within 60 90 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 47-14-51, relating to payments to the fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, and the use of sums remitted, and inserting in lieu thereof the following:
"47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts. (b) In addition to all other legal costs, the sum of 50 cents shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts. (c) The clerks shall collect the fees provided for in subsections (a) and (b) of this Code section and the fees so collected shall be remitted to the board on a quarterly monthly basis or at such time as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties the due date shall be the first day of the month. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter. (d) If the clerk or other collecting authority whose duty it is to collect and remit moneys to the fund under subsection (a) of this Code section fails to remit such moneys within 90 days of the date on which such remittal is due, such moneys shall be

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delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. All moneys which have not been paid to the fund within 90 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection."
SECTION 4. Said chapter is further by striking in its entirety Code Section 47-14-70, relating to eligibility for retirement benefits, additional or partial retirement benefits, and election to provide both retirement and survivors benefits, and inserting in lieu thereof the following:
"47-14-70. (a) A member with at least 20 years of service shall receive retirement benefits of $1,700.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the members retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the members eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. No member who is subject to the provisions of Code Section 15-6-50 shall be entitled to include, for purposes of eligibility to receive a benefit under this chapter, service during which he or she was not in compliance with the training requirements of subsection (c) of such Code section. (b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he or she shall be entitled to receive, upon retirement, the amount to which he or she would have been entitled under subsection (a) of this Code section; and, in addition, for each year of service beyond the required 20 years, he or she shall receive an additional 5 percent of the amount he or she would be entitled to under subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits the

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member is entitled to receive under subsections (a) and (b) of this Code section during the remainder of the members life; and, after the members death, the members surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had the member elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the members death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age. (d)(c) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,360.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the members retirement. No other type of service shall be counted toward such retirement benefits. (e)(d) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,020.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the members retirement. No other type of service shall be counted toward such retirement benefits. (e) A member with at least eight years of service as a clerk shall receive retirement benefits of $680.00 per month upon retirement; provided, however, that the member must have served continuously as a clerk for the four years immediately preceding the members retirement. No other type of service shall be counted toward such retirement benefits. (f) Any other provisions of this chapter to the contrary notwithstanding, all members who retire on or after April 1, 1976, for whatever reason and who otherwise meet the requirements for retirement benefits under either subsection (c), (d), or (e) of this Code section shall be entitled to an additional benefit based on service in excess of the minimum required for such retirement benefits, provided that such service is of the kind for which credit toward retirement benefits would be given under subsection (c), (d), or (e) of this Code section. The amount of the retirement benefit shall be based on the ratio that the total number of years served bears to the minimum number of years required for benefits under subsection (c), (d), or (e) of this Code section, as appropriate. For example, the following table is illustrative of the additional benefits computation under this Code section:

Years of Service at Retirement

Benefits Received

9

Nine-eighths of the benefits provided in

subsection (e) of this Code section

10

Ten-eighths of the benefits provided in subsection

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(e) of this Code section

11

Eleven-eighths of the benefits provided in

subsection (e) of this Code section

13

Thirteen-twelfths of the benefits provided in

subsection (e) (d) of this Code section

14

Fourteen-twelfths of the benefits provided in

subsection (e) (d) of this Code section

15

Fifteen-twelfths of the benefits provided in

subsection (e) (d) of this Code section

17

Seventeen-sixteenths of the benefits provided in

subsection (d) (c) of this Code section

18

Eighteen-sixteenths of the benefits provided in

subsection (d) (c) of this Code section

19

Nineteen-sixteenths of the benefits provided in

subsection (d) (c) of this Code section

(g) In lieu of the retirement benefits provided in subsections (a) through (f) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits the member is entitled to receive under subsections (a) through (f) of this Code section during the remainder of the members life; and, after the members death, the members surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount that the member would have received had the member elected the full benefits provided under subsections (a)

through (f) of this Code section. In order to be eligible for such benefits, the surviving

spouse must have been married to the member for at least six years immediately

preceding the members death. Such benefits shall not commence until after the

surviving spouse reaches 55 years of age.

(g)(h) No person shall receive credit toward the retirement benefits set forth in

subsections (a) and (b) of this Code section for any service performed after February

15, 1952, unless payment for the period covered by such service has been made to the

board. No person shall be eligible for the benefits provided in this Code section unless

his or her official duties have terminated and he or she files an application for benefits

within 90 days, or as soon thereafter as possible, from the termination of his or her

official duties.

(i) In calculating creditable service for retirement purposes, monthly service shall be

included in order to determine fractional years of service. A month in which 15 or

more days of creditable service have been performed by a member shall count as a full

month of service for the purposes of this subsection. A member who is entitled to

receive the retirement benefits provided in subsections (a) through (f) of this Code

section and who has completed any fractional year of service shall be entitled to the

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benefits set forth in subsections (a) through (f) of this Code section in proportion to the fractional years of service that the member has performed."
SECTION 5. Said chapter is further amended by inserting immediately following Code Section 47-1478 a new Code section to read as follows:
"47-14-79. (a) Subject to the provisions of subsection (c) of this Code section, the board is authorized to provide by rule or regulation for surviving spouses benefits as provided in subsection (b) of this Code section. Once granted, such benefits shall be irrevocable but shall be subject to the provisions of Code Section 47-14-90. (b) Subject to subsections (a) and (c) of this Code section, the board is authorized to provide by rule or regulation that, in the event of the death of any clerk who has not retired under any of the provisions of this chapter but who would be eligible to do so except for not having attained the age of 55, whether or not such clerk has terminated his or her official duties as clerk, the surviving spouse shall receive a monthly sum during his or her lifetime equal to 50 percent of the amount such clerk would have received had he or she retired under subsection (c) of Code Section 47-14-70. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to such clerk for at least six years immediately preceding the death of the clerk. (c) The board of trustees shall be authorized to provide for the benefits as stated in subsection (b) of this Code section only upon:
(1) The recommendation of the actuary for the board; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant."
SECTION 6. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.
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.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson 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
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 Y Dukes E 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 E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y 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 E 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 Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative 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.

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HB 1161. By Representatives Powell of the 23rd, Greene of the 134th, DeLoach of the 127th, Parham of the 94th, Teper of the 42nd, Post 1 and others:
A BILL to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of a sentence package; to change certain provisions regarding the continuing jurisdiction of a sentencing judge over a probationer; to change certain provisions regarding terms and conditions of probation; to change certain conditions relating to community service; to provide for implementation of a specialized continuum of probation supervision; to provide for a short title; to provide for definitions; to provide for procedures, conditions, appeal, and limitations with respect to the sentencing options system; to provide for powers, duties, and authority of the department of corrections, the commissioner of corrections, chief probation officers, and sentencing courts; to provide for applicability and construction of such provisions; to provide for automatic repeal; 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 striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the suspension or probation of sentence, and inserting in its place a new paragraph (1) to read as follows:
"(a)(1) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a

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misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be in conformity with any mandatory minimum sentences required by law or shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 of Chapter 8 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Section 17-10-6.1."
SECTION 2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in subsection (a) of Code Section 42-5-50, relating to documents required to be part of a sentence package, by deleting "and" from the end of paragraph (3), deleting the period and substituting "; and" at the end of paragraph (4), and inserting a new paragraph (5) at the end thereof to read as follows:
"(5) A copy of the sentencing information report is required in all jurisdictions with an options system day reporting center certified by the Department of Corrections. The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution as set forth in subsection (b) of this Code Section."
SECTION 3. Said title is further amended by striking subsection (g) of Code Section 42-8-34, relating to continuing jurisdiction of the sentencing judge over a probationer, and inserting in its place a new subsection (g) to read as follows:
"(g) The sentencing judge shall retain not lose jurisdiction over any person placed on probation during the term of the persons probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, to modify or change the probated sentence, including ordering the probationer into the sentencing options system, as provided in Article 9 of this chapter, at any time during the period of time prescribed for the probated sentence to run."
SECTION 4. Said title is further amended in Code Section 42-8-35, relating to terms and conditions of probation, by deleting "and" from the end of paragraph (11), deleting the period and substituting "; and" at the end of paragraph (12), and inserting a new paragraph (13) at the end thereof to read as follows:

THURSDAY, MARCH 4, 2004

1593

"(13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department."
SECTION 5. Said title is further amended by striking subsection (e) of Code Section 42-8-72, relating to community service as a condition of probation, and inserting in lieu thereof the following:
"(e) Community service hours may be added to original court ordered hours as a disciplinary action by the court, or as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 9 of this chapter."
SECTION 6. Said title is further amended by inserting a new article at the end of Chapter 8, relating to probation, to be designated Article 9, to read as follows:
"ARTICLE 9
42-8-150. This article shall be known and may be cited as the 'Probation Management Act of 2004.'
42-8-151. For purposes of this article, the term:
(1) 'Commissioner' means the commissioner of corrections. (2) 'Chief probation officer' means the highest ranking field probation officer in each judicial circuit. (3) 'Department' means the Department of Corrections. (4) 'Electronic monitoring' means supervising or tracking the location of a probationer by means including electronic surveillance; voice recognition; facial recognition; fingerprinting or biometric scan; automated kiosk; automobile ignition interlock device; or global positioning systems. (5) 'Hearing officer' means an impartial department employee or representative who has been selected and appointed to hear alleged cases regarding violations of probation for administrative sanctioning. (6) 'Initial sanction' means the sanction set by the judge upon initial sentencing. (7) 'Intensive probation' means a level of probation supervision which includes, but is not limited to, curfews, community service, drug testing, program participation, special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (8) 'Options system day reporting center' means a state facility providing supervision of probationers which includes, but is not limited to, mandatory reporting, program

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participation, drug testing, community service, all special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (9) 'Options system probationer' means a probationer who has been sentenced to the sentencing options system. (10) 'Probation supervision' means a level of probation supervision which includes, but is not limited to, general conditions of probation as set forth in Code Section 42-835 and all special conditions of probation. (11) 'Residential substance abuse treatment facility' means a state correctional facility that provides inpatient treatment for alcohol and drug abuse. (12) 'Sentencing options system' means a continuum of sanctions for probationers that includes the sanctions set forth in subsection (c) of Code Section 42-8-153.
42-8-152. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) Where a defendant has been sentenced to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence as provided in subsection (g) of Code Section 42-8-34, and may modify or revoke any part of a probated sentence as provided in Code Section 42-8-34.1 and subsection (c) of Code Section 42-8-38.
42-8-153. (a) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. The department may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to Code Section 42-8-34.1. (b) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction set by the sentencing judge. (c) The administrative sanctions which may be imposed by the department are as follows, from most restrictive to least restrictive:
(1) Probation detention center or residential substance abuse treatment facility; (2) Probation boot camp; (3) Probation diversion center; (4) Intensive probation; (5) Options system day reporting center; (6) Electronic monitoring; (7) Community service; or (8) Probation supervision.

THURSDAY, MARCH 4, 2004

1595

42-8-154. Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. However, a preliminary hearing is not required if the probationer is not under arrest on a warrant, or if the probationer has signed a waiver of a preliminary hearing.
42-8-155. (a) If an options system probationer violates the conditions of probation, the department may impose administrative sanctions as an alternative to judicial modification or revocation of probation. (b) Upon issuance of a petition outlining the alleged probation violations, the chief probation officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief probation officer determines that the probationer has violated a condition of probation, the chief probation officer is authorized to impose sanctions consistent with paragraphs (4) through (8) of subsection (c) of Code Section 42-8-153. The failure of an options system probationer to comply with a sanction imposed by the chief probation officer shall constitute a violation of probation. (c)(1) Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-8-153.
(2) The administrative proceeding provided for under this subsection shall be commenced within 15 days, but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically. (d) The failure of a probationer to comply with the sanction or sanctions imposed by the chief probation officer or hearing officer shall constitute a violation of probation. (e) An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by the department.
42-8-156. (a) The hearing officers decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department. (b) This appeal shall be first reviewed by the judge upon the record. At the judges discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the departments decision.

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(c) Where the sentencing judge does not act on the appeal within 30 days of the date of the filing of the appeal, the departments decision shall be affirmed by operation of law.
42-8-157. Nothing contained in this article shall be construed as repealing any power given to any court of this state to place offenders on probation or to supervise offenders.
42-8-158. This article shall only apply in counties that have an options system day reporting center certified by the department.
42-8-159. This article shall be liberally construed so that its purposes may be achieved.
48-8-160. This article shall be repealed in its entirety on July 1, 2006."
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:

Representatives Walker of the 71st, Post 1 and Oliver of the 56th, Post 2 move to amend the Committee substitute to HB 1161 by redesignating on page 3 current Sections 5 and 6 as Sections 6 and 7, respectively, and by inserting a new Section 5 to read as follows:
"SECTION 5. Said title is further amended by inserting immediately following Code Section 42-8-35.6 a new Code Section 42-8-35.7 to read as follows:
'42-8-35.7. Unless the court has ordered more frequent such screenings, it shall be the duty of each probation supervisor to administer or have administered a drug and alcohol screening not less than once every 60 days to any person who is placed on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings.'"
By striking line 28 on page 6 and inserting in lieu thereof the following:

THURSDAY, MARCH 4, 2004 "SECTION 8."
By striking line 1 on page 7 and inserting in lieu thereof the following: "SECTION 9."

1597

The following amendment was read and adopted:

Representative Powell of the 23rd et al. move to amend the Walker amendment to HB 1161 by striking line 13 of page 1 and inserting in its place the following:
"screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget.'""

The Walker amendment, as amended, was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister 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 Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce

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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L E 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

1598
Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E 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 E Hill, C

Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E 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 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 Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 394. By Representatives Mosley of the 129th, Post 1, Oliver of the 121st, Post 2, Smith of the 129th, Post 2, Smith of the 13th, Post 2, Greene of the 134th and others:
A BILL to amend Code Section 47-2-99 of the Official Code of Georgia Annotated, relating to the applicability of creditable service in the Employees' Retirement System of Georgia for persons employed in a temporary full-time position, so as to provide that credit may be granted for service covered by Chapter 22 of Title 47, the Georgia Defined Contribution Plan; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard

Y Day Dean Deloach
Y Dix Y Dodson

Y Hill, C.A Hill, V
E Hines Holmes
Y Houston

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

THURSDAY, MARCH 4, 2004

Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock
Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E 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 E Hill, C

Y Howard Y Howell Y Hudson Y Hugley
Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Mosley Murphy, J
Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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

1599
Y Smith, L E Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Stephens, E Y Stephens, R Y Stephenson Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates Coleman, Speaker

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 1263. By Representative Greene of the 134th:
A RESOLUTION urging departments and agencies of the State of Georgia to engage the services of independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION Urging departments and agencies of the State of Georgia to engage the services of

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JOURNAL OF THE HOUSE

independent consulting firms to monitor and assist in preparing requests for proposals for certain information technology projects and contracts; and for other purposes.
WHEREAS, the departments and agencies of state government are continually modernizing and upgrading information technology and computer equipment to ensure the provision of the best possible service to the citizens of this state; and
WHEREAS, many information technology contracts are highly complex and should be entered only after the state is fully informed concerning all aspects of the technology, the abilities of the vendor, and the results to be achieved from the contracts; and
WHEREAS, the services of a consulting firm to act as a third-party monitor and to independently verify and validate large information technology projects can be of valuable benefit to the state in ensuring that the best possible results are achieved from such projects.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body strongly encourages each state department and agency to seek and engage the services of a consulting firm to act as a third-party monitor to verify independently and validate information technology projects having a total value of $5 million or more, and that projects having a total value of between $1 million and $5 million should also be subjected to independent verification and validation either by the Georgia Technology Authority or an independent consulting firm to look out for the interests of the state and to ensure that large scale project vendors are fulfilling all of their contractual obligations.
BE IT FURTHER RESOLVED that this body strongly recommends that the state utilize the services of an independent consulting firm to assist in preparing requests for proposals and procurement project management assistance for any information technology contract totaling $5 million or more entered into by any department, authority, agency, or commission.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized to transmit an appropriate copy of this resolution to each department and agency of state government.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 4, 2004

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster N Franklin Y Gardner Y Golick Y Graves, D E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1601
Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L E 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, R Y Wix E Yates
Coleman, Speaker

On the adoption of the Resolution, by substitute, the ayes were 159, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HB 1394. By Representatives Harbin of the 80th, Powell of the 23rd, McBee of the 74th, Heard of the 75th and DeLoach of the 127th:
A BILL to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic

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JOURNAL OF THE HOUSE
trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person who functions under the advice, consent, and supervision of a physician or a licensed athletic trainer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E 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 E 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 E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas E Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
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 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 E Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 158, nays 2. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, MARCH 4, 2004

1603

HB 1582. By Representatives Martin of the 37th and Greene of the 134th:
A BILL to amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell
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 E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E Graves, T
Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw
Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L E 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, R Y Wix E Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 159, nays 1. 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.

HB 1265. By Representative Childers of the 13th, Post 1:
A BILL to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to practicing medicine without a license; to provide for the issuance of temporary postgraduate training permits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D E Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L E 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland

Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

THURSDAY, MARCH 4, 2004

Y Harper Y Harrell Y Heard, J Y Heard, K
Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1605
Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E 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.

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.

HR 1349. By Representatives Brock of the 5th, Graves of the 10th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A RESOLUTION designating the Rembert Olen McAfee Bridge; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod Y Epps Y Fleming N Floyd, H

Y Hill, C.A Hill, V
E Hines Y Holmes Y Houston N Howard
Howell Y Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones

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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L E Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson

1606
Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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
Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham
Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton N Millar Y Mills

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 N Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix E Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 157, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Rynders of the 137th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1416 was postponed until the next legislative day.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

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 1739. By Representatives Boggs of the 145th and Bordeaux of the 125th:
A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor and

THURSDAY, MARCH 4, 2004

1607

felony cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change provisions relating to the challenges for cause; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated; and for other purposes.

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1739. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Boggs District 145

Referred to the Committee on Judiciary.

HB 1740. By Representatives Martin of the 37th and Burkhalter of the 36th:
A BILL to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open meetings requirements, so as to revise a definition; to provide that certain associations of school districts in this state are subject to the open meetings statute; and for other purposes.

Referred to the Committee on Judiciary.

HB 1741. By Representatives Jenkins of the 93rd, Franklin of the 17th, Crawford of the 91st, Knox of the 14th, Post 1 and Mobley of the 58th:
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 change certain provisions relating to carrying deadly weapons to or at public gatherings; to change certain provisions relating to exemptions from crimes regarding carrying weapons without a license; to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governor's power to suspend or

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JOURNAL OF THE HOUSE
limit the sale, dispensing, or transportation of firearms in emergencies; and for other purposes.

3/4/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1741. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Jenkins District 93

Referred to the Committee on Special Judiciary.

HB 1742. By Representative Jenkins of the 93rd:
A BILL to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to proceedings excluded from the laws relative to open and public meetings, so as to provide for an exception for meetings of local boards of education when members are discussing discipline issues as related to specific students or specific incidents; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1743. By Representatives Beasley-Teague of the 48th, Post 2, Anderson of the 100th and Powell of the 23rd:
A BILL to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide for permanent license places for motor vehicles owned by a municipality or political subdivision; and for other purposes.

Referred to the Committee on Motor Vehicles.

THURSDAY, MARCH 4, 2004

1609

Representative Lord of the 103rd District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 539 Do Pass, by Substitute HB 1203 Do Pass, by Substitute

HB 1499 Do Pass, by Substitute HB 1623 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 103rd
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1240 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

1610
HB 1227 Do Pass HB 1741 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 560 Do Pass HB 984 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, March 9, 2004.

TUESDAY, MARCH 9, 2004 Representative Hall, Atlanta, Georgia
Tuesday, March 9, 2004

1611

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

By unanimous consent, the call of the roll was dispensed with.

Prayer was offered by Dr. R. L. White, Pastor, Mount Ephriam Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1716. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1717. By Representative Stephens of the 123rd:
A BILL to amend an Act to create the Board of Elections of Chatham County, so as to provide for numbered posts for elected members of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1718. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act creating the Effingham Family connection commission, so as to change the composition of members; to change the composition of officers; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1719. By Representative Hudson of the 95th:
A BILL to amend an Act entitled "An Act to reconstitute the Board of Education of Glascock County," so as to revise the districts for the election of members of the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 9, 2004

1613

HB 1721. By Representative Boggs of the 145th:
A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1722. By Representatives Hill of the 147th, Williams of the 128th, Smith of the 129th, Post 2, Keen of the 146th, Barnard of the 121st, Post 1 and others:
A BILL to amend Code Section 27-4-150 of the Official Code of Georgia Annotated, relating to taking, possessing, and dealing in crabs and peelers and required records, so as to change certain provisions relating to punishments for violations; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HB 1723. By Representatives Hill of the 147th, Hill of the 81st, Bridges of the 7th, Reece of the 11th, Snow of the 1st 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 require the board of education of each county school system, independent school system, and consolidated school system to develop and implement a program for the prevention of child abuse, child neglect, and child abduction; to provide for a statement of intent; to provide for participation by parents, guardians, teachers, law enforcement officers and agencies, the Department of Human Resources, licensed day care providers, and others in the development and operation of such programs; and for other purposes.

Referred to the Committee on Education.

HB 1724. By Representatives Stephens of the 124th, Post 2, Stephens of the 123rd, Jackson of the 124th, Post 1, Bordeaux of the 125th and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Thunderbolt ad valorem taxes for municipal

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JOURNAL OF THE HOUSE
purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1725. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from the City of Vernonburg ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1726. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1 and Stephens of the 124th, Post 2:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Tybee Island ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1727. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Port Wentworth ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

TUESDAY, MARCH 9, 2004

1615

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1728. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Bloomingdale ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1729. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Savannah ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1730. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Garden City ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1731. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County and City of Savannah School District ad valorem taxes for educational purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1732. By Representatives Stephens of the 123rd, Bordeaux of the 125th, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and Day of the 126th:
A BILL to amend an Act providing for a base year assessed value homestead exemption from City of Pooler ad valorem taxes for municipal purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1733. By Representatives Day of the 126th, Bordeaux of the 125th, Stephens of the 123rd, Jackson of the 124th, Post 1, Stephens of the 124th, Post 2 and others:
A BILL to amend an Act providing for a base year assessed value homestead exemption from Chatham County ad valorem taxes for county purposes, so as to allow an unremarried surviving spouse to reapply for such exemption and receive the base year assessed value of the deceased spouse; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1734. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4:

TUESDAY, MARCH 9, 2004

1617

A BILL to create the City of East Point Charter Commission; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1735. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to provide a new charter for the City of Griffin; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1736. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Cooper of the 30th, Parsons of the 29th, Stoner of the 34th, Post 1 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 chairperson and the other commissioners of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1737. By Representative Ralston of the 6th:
A BILL to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to provide an exception to the category of property insurance for warranty service agreements for major appliances, utility systems, and roofing; to provide for surety bonds under certain circumstances; to provide for identification of an insurer or surety insurer; and for other purposes.

Referred to the Committee on Insurance.

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JOURNAL OF THE HOUSE

HB 1738. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Golick of the 34th, Post 3, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:
A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1744. By Representatives Graves of the 106th and Royal of the 140th:
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 or by nonprofit organizations engaged primarily in providing child services; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1745. By Representative Porter of the 119th:
A BILL to amend an Act providing for the Magistrate Court of Laurens County, so as to provide that the chief magistrate of such court shall serve in a full-time capacity and provide for the compensation of such chief magistrate and for court staffing; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1746. By Representative Skipper of the 116th:
A BILL to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to emergency telephone number "911" systems, so as to provide for the imposition and collection of monthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an

TUESDAY, MARCH 9, 2004

1619

intergovernmental contract for emergency "911" services; and for other purposes.

Referred to the Committee on Public Utilities & Telecommunications.

HB 1747. By Representative Jenkins of the 8th:
A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1748. By Representative Reece of the 11th:
A BILL to amend an act incorporating the Town of Trion, so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board of education; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1749. By Representative Hugley of the 113th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house districts; to provide for the number of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1750. By Representative Hugley of the 113th:
A BILL to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and qualifications of members, so as to provide for the composition and number of state house districts and senatorial districts; to provide for the number of Representatives and Senators; to provide for certain qualifications; to provide for the election of Representatives and Senators; to provide when the Representatives and Senators elected shall take office; to provide for the continuation of the present districts until a certain time; to amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to congressional districts, so as to provide for the composision and number of congressional districts and for the time of taking effect thereof; and for other purposes.

Referred to the Committee on Rules.

HB 1751. By Representatives Stephens of the 123rd, Channell of the 77th, Parrish of the 102nd and Barnard of the 121st, 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 for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; and for other purposes.

Referred to the Committee on Appropriations.

HR 1474. By Representatives Skipper of the 116th, Porter of the 119th, Dodson of the 84th, Post 1, Smyre of the 111th and Childers of the 13th, Post 1:
A RESOLUTION creating the House Trauma Network Study Committee; and for other purposes.

Referred to the Committee on Rules.

TUESDAY, MARCH 9, 2004

1621

HR 1475. By Representatives Jones of the 38th, Ashe of the 42nd, Post 2, Burkhalter of the 36th and Jamieson of the 22nd:
A RESOLUTION creating the House Local School District Development Impact Fees Study Committee; and for other purposes.

Referred to the Committee on Education.

HR 1510. By Representatives Sheldon of the 71st, Post 2, Harbin of the 80th, Lord of the 103rd, Keen of the 146th, Burmeister of the 96th and others:
A RESOLUTION urging the Congress of the United States to amend Section 191(b)(1)(C) of the federal Social Security Act by deleting May 14, 1993, as the deadline for approval by states of long-term care partnership plans; and for other purposes.

Referred to the Committee on Rules.

HR 1529. By Representatives Henson of the 55th, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Childers of the 13th, Post 1, Cooper of the 30th and others:
A RESOLUTION creating the House Cervical Cancer Study Committee; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1530. By Representative Hugley of the 113th:
A RESOLUTION recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes.

Referred to the Committee on State Institutions & Property.

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By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:

HB 1758. By Representatives Reece of the 21st, Jamieson of the 22nd, Rogers of the 20th and Amerson of the 9th:
A BILL to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special purpose 1 percent sales and use tax, so as to require annual publication of certain information regarding collection and expenditure of the proceeds of such tax; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1759. By Representative Coleman of the 65th:
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 rules and regulations relative to students who transfer from another state after completing the eighth grade year without taking the required course of study in the history of Georgia and the Georgia Constitution; and for other purposes.

Referred to the Committee on Education.

HB 1760. By Representative Barnes of the 84th, Post 2:
A BILL to amend Code Section 50-32-4 of the Official Code of Georgia Annotated, relating to membership, appointment of successors, expenses, and administrative assignment of the Georgia Regional Transportation Authority, so as to change the administrative assignment of the authority to the Department of Transportation; to amend Code Section 50-32-11 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Regional Transportation Authority, so as to authorize payments from the Department of Transportation; and for other purposes.

TUESDAY, MARCH 9, 2004 Referred to the Committee on Appropriations.

1623

HB 1761. By Representatives Gardner of the 42nd, Post 3, Harrell of the 54th and Teilhet of the 34th, Post 2:
A BILL to amend Code Section 50-1-7 of the Official Code of Georgia Annotated, relating to General Assembly findings and the state's authorization to administer programs, so as to authorize the state to appropriate funds to social service programs provided by separately incorporated charitable affiliates of any church, sect, cult, or religious denomination or of any sectarian institution under certain conditions; and for other purposes.

Referred to the Committee on Rules.

HR 1534. By Representatives Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.

3/9/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1534. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Walker District 71, Post 1

Referred to the Committee on Transportation.

HR 1535. By Representatives Smyre of the 111th and Skipper of the 116th:

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JOURNAL OF THE HOUSE
A RESOLUTION proposing an amendment to the Constitution so as to allow religious or sectarian institutions to recieve public aid, directly or indirectly, for the provision of social services; and for other purposes.

Referred to the Committee on Rules.

HR 1536. By Representatives Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Henson of the 55th, Cooper of the 30th, Thomas of the 43rd, Post 1 and others:
A RESOLUTION creating the Joint Study Committee on Adult and Childhood Obesity and Prevention; and for other purposes.

Referred to the Committee on Health & Human Services.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1687 HB 1688 HB 1689 HB 1690 HB 1691 HB 1692 HB 1693 HB 1694 HB 1695 HB 1696 HB 1697 HB 1701 HB 1702 HB 1703 HB 1704 HB 1705 HB 1706 HB 1707 HB 1708

HB 1709 HB 1710 HB 1711 HB 1712 HB 1713 HB 1714 HB 1715 HB 1720 HB 1739 HB 1740 HB 1741 HB 1742 HB 1743 HR 1459 HR 1469 HR 1470 HR 1472 HR 1473 SB 555

TUESDAY, MARCH 9, 2004

1625

Pursuant to Rule 52, Representative Stephens of the 123rd moved that the following Bill of the House be engrossed:

HB 1710. By Representatives Stephens of the 123rd, Birdsong of the 104th, Sims of the 130th and Elrod of the 25th:
A BILL to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and ad valorem tax appeals, so as to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Childers of the 13th, Post 1 moved that the following Bill of the House be engrossed:

HB 1711. By Representatives Childers of the 13th, Post 1, Dodson of the 84th, Post 1, Smith of the 87th and Reece of the 11th:

A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; 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
Barnes Beasley-Teague Y Benfield Birdsong Y Black Y Boggs Y Bordeaux Y Borders Bridges N Brock Y Brooks Y Broome N Brown

N Day E Dean Y Deloach Y Dix
Dodson E Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart
Elrod E Epps N Fleming Y Floyd, H Y Floyd, J
Fludd N Forster

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard
Howell Hudson Y Hugley Y Jackson Y James Y Jamieson E Jenkins, C Y Jenkins, C.F Jones Y Jordan N Joyce N Keen

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell

Y Sholar Sims
Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre
Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet

1626
Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler
Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper
Crawford Y Cummings

JOURNAL OF THE HOUSE

N Franklin Y Gardner E Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner N Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree
Henson E Hill, C

N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Purcell N Ralston
Randall N 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
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 87, nays 60. The motion was lost.

Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Porter of the 119th moved that the following Bill of the House be engrossed:

HB 1712. By Representatives Porter of the 119th, Bordeaux of the 125th, Parrish of the 102nd, Burkhalter of the 36th, Morris of the 120th and others:

A BILL to amend Titles 9, 24, 33, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions; to require that a civil case or domestic relations filing information form be filed with a complaint; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson N Anderson Y Ashe N Bannister
Barnard N Barnes
Beasley-Teague Y Benfield

N Day E Dean N Deloach Y Dix N Dodson E Dollar Y Dooley N Douglas

N Hill, C.A N Hill, V N Hines Y Holmes N Houston N Howard N Howell
Hudson

Mitchell Y Mobley Y Moraitakis N Morris N Mosby
Mosley N Murphy, J N Murphy, Q

N Sholar N Sims Y Sinkfield Y Skipper N Smith, B N Smith, L N Smith, P
Smith, T

N Birdsong N Black N Boggs Y Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown N Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Burkhalter N Burmeister N Butler Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Crawford Y Cummings

TUESDAY, MARCH 9, 2004

Y Drenner Y Dukes N Ehrhart
Elrod E Epps N Fleming Y Floyd, H N Floyd, J
Fludd N Forster N Franklin Y Gardner E Golick N Graves, D N Graves, T Y Greene
Greene-Johnson N Hanner N Harbin
Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson E Hill, C

Y Hugley Y Jackson Y James N Jamieson N Jenkins, C N Jenkins, C.F
Jones N Jordan
Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee N McCall N McClinton N Millar N Mills

Noel E Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Purcell N Ralston
Randall N 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
Sailor N Scott N Shaw N Sheldon

On the motion the ayes were 58, nays 92. The motion was lost.

1627
N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L N Warren N Watson N Westmoreland N White N Wilkinson
Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jones of the 38th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Pursuant to Rule 52, Representative Royal of the 140th moved that the following Bill of the House be engrossed:

HB 1714. By Representatives Royal of the 140th, Richardson of the 26th, Buck of the 112th, Keen of the 146th, Buckner of the 82nd and others:

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A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Boggs of the 145th moved that the following Bill of the House be engrossed:

HB 1739. By Representatives Boggs of the 145th and Bordeaux of the 125th:

A BILL to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with same number of peremptory challenges in misdemeanor and felony cases, and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change provisions relating to the challenges for cause; to amend Code Section 17-8-4 of the Official Code of Georgia Annotated; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson N Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome

N Day E Dean Y Deloach N Dix Y Dodson E Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod E Epps
Fleming Floyd, H Y Floyd, J N Fludd

Y Hill, C.A Y Hill, V N Hines N Holmes Y Houston N Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins, C N Jenkins, C.F
Jones N Jordan N Joyce

N Mitchell N Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J N Murphy, Q Y Noel E Oliver, B N Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter

Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow N Stanley-Turner Y Stephens, E N Stephens, R N Stephenson Y Stokes Y Stoner

N Brown N 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 N Coleman, B N Cooper Y Crawford Y Cummings

TUESDAY, MARCH 9, 2004

N Forster N Franklin N Gardner E Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner N Harbin N Harper Y Harrell
Heard, J Y Heard, K N Heath
Heckstall N Hembree N Henson E Hill, C

N Keen N Knox Y Lane N Lewis Y Lord N Lucas
Lunsford Maddox N Mangham N Manning N Marin Martin N Massey N Maxwell Y McBee McCall N McClinton N Millar N Mills

Y Powell Y Purcell Y Ralston N Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 69, nays 90. The motion was lost.

1629
Y Teilhet N Teper N Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

Representative Burkhalter of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Pursuant to Rule 52, Representative Jenkins of the 93rd moved that the following Bill of the House be engrossed:

HB 1741. By Representatives Jenkins of the 93rd, Franklin of the 17th, Crawford of the 91st, Knox of the 14th, Post 1, Mobley of the 58th and others:
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 change certain provisions relating to carrying deadly weapons to or at public gatherings; to change certain provisions relating to exemptions from crimes regarding carrying weapons without a license; to amend Code Section 38-3-51 of the Official Code of Georgia Annotated, relating to the emergency powers of the Governor, so as to repeal the Governor's power to suspend or limit the sale, dispensing, or transportation of firearms in emergencies; and for other purposes.

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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
Barnes Beasley-Teague Y Benfield Birdsong Black Boggs Y Bordeaux Y Borders Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers Y Coan N Coleman, B N Cooper Y Crawford Y Cummings

Y Day E Dean Y Deloach Y Dix Y Dodson E Dollar Y Dooley Y Douglas Y Drenner Y Dukes N Ehrhart N Elrod E Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster Y Franklin Y Gardner E Golick N Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner
Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson E Hill, C

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham N Manning Y Marin Martin N Massey N Maxwell McBee McCall Y McClinton N Millar N Mills

Mitchell Y Mobley Y Moraitakis Y Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q N Noel E Oliver, B
Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C
Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims N Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix N Yates
Coleman, Speaker

On the motion the ayes were 92, nays 59. The motion prevailed.

Representatives Burkhalter of the 36th and Smyre of the 111th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

TUESDAY, MARCH 9, 2004

1631

Pursuant to Rule 52, Representative Stokes of the 72nd moved that the following Resolution of the House be engrossed:

HR 1469. By Representative Stokes of the 72nd:
A RESOLUTION designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street as the Forest ''Preacher" Sawyer Memorial Parkway; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Jamieson of the 22nd moved that the following Resolution of the House be engrossed:

HR 1470. By Representatives Jamieson of the 22nd, Rogers of the 20th, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3 and Stoner of the 34th, Post 1:

A RESOLUTION proposing an amendment to the Constitution so as to provide that marriage in this state shall consist only of the union of man and woman; and for other purposes.

On the motion, 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 N Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown Y Bruce Y Buck Y Buckner, D

N Day E Dean Y Deloach N Dix N Dodson E Dollar Y Dooley N Douglas N Drenner Y Dukes N Ehrhart N Elrod E Epps N Fleming Y Floyd, H N Floyd, J Y Fludd N Forster N Franklin N Gardner E Golick

N Hill, C.A N Hill, V N Hines Y Holmes Y Houston N Howard N Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson N Jenkins, C
Jenkins, C.F Jones N Jordan N Joyce N Keen N Knox Y Lane N Lewis

N Mitchell Mobley
Y Moraitakis N Morris N Mosby N Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B N Oliver, M N O'Neal N Orrock Y Parham Y Parrish N Parsons Y Porter
Powell Y Purcell N Ralston N Randall

N Sholar N Sims N Sinkfield Y 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 N Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M

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N Buckner, G N Bunn
Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell N Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Graves, D N Graves, T Y Greene Y Greene-Johnson Y Hanner N Harbin N Harper N Harrell N Heard, J Y Heard, K N Heath
Heckstall N Hembree N Henson E Hill, C

Y Lord N Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin
Martin N Massey N Maxwell Y McBee N McCall
McClinton N Millar N Mills

N Ray N Reece, B N Reece, S N Rice N Richardson N Roberts, J N Roberts, L Y Rogers, C N Rogers, Ch. N Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 56, nays 104. The motion was lost.

N Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix
Yates Coleman, Speaker

Due to a mechanical malfunction, the vote of Representative Jenkins of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

Representative Jones of the 38th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Purcell of the 122nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Pursuant to Rule 52, Representative Sims of the 130th moved that the following Resolution of the House be engrossed:

HR 1472. By Representative Sims of the 130th:

TUESDAY, MARCH 9, 2004

1633

A RESOLUTION designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Sims of the 130th moved that the following Resolution of the House be engrossed:

HR 1473. By Representative Sims of the 130th:
A RESOLUTION designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes.

The motion prevailed.

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1617 Do Pass, by Substitute

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 557 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1200 Do Pass HR 1342 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 43 Do Pass, by Substitute

Respectfully submitted,

TUESDAY, MARCH 9, 2004
/s/ Smith of the 129th, Post 2 Chairman

1635

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 1611 Do Pass, by Substitute HB 1662 Do Pass HB 1663 Do Pass HB 1664 Do Pass HB 1668 Do Pass HB 1675 Do Pass HB 1676 Do Pass HB 1680 Do Pass

HB 1681 Do Pass HB 1682 Do Pass HB 1683 Do Pass HB 1684 Do Pass HB 1685 Do Pass HB 1699 Do Pass HB 1700 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, MARCH 9, 2004

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

HR 1262

UNCONTESTED HOUSE/SENATE RESOLUTIONS Burke j Veterans Parkway; designate

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HR 1404 Joy N. Kleeman Memorial Bikeway; designate

DEBATE CALENDAR

HB 274 HB 558 HB 727 HB 975 HB 1151 HB 1431 HB 1450 HB 1511 HB 1598
HB 1612
HR 1096

Special license plates; retired reservists or National Guard members Athletic and Entertainment Commission; amend provisions River and harbor development; disposal of sand and sediment Fulton County School Employees Pension; cost-of-living increases Education; professional personnel; results of background checks Executions; judgments; cancellation when satisfied Judicial Emergency Act of 2004; enact Sales tax exemption; certain symphony halls Business and occupation tax; certain construction permits; mail or electronic means Local sales tax; special county 1 percent sales tax; water and sewer projects Schools; health education and physical activity; urge funding

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 1611. By Representative Skipper of the 116th:
A BILL to amend an act creating the board of commissioners of Marion County, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; and for other purposes.

The following Committee substitute was read and adopted:

A BILL To amend an Act creating the board of commissioners of Marion County, approved

TUESDAY, MARCH 9, 2004

1637

February 21, 1951 (Ga. L. 1951, p. 2880), 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 change certain provisions regarding officers and quorum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, is amended by striking Sections 1, 2, and 4 and inserting in their place the following:
"SECTION 1. The Board of Commissioners of Marion County which existed immediately prior to the effective date of this Act, is continued in existence but on and after the effective date of this Act, shall be constituted as provided in this Act. The Board of Commissioners of Marion County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act.
SECTION 2. (a) On and after January 1, 2005, the Board of Commissioners of Marion County shall consist of five members, four of whom shall be elected from commissioner districts described in subsection (b) of this section except for the fifth member who is elected at large as provided in this section. (b) For purposes of electing members of the board of commissioners, other than the atlarge member, Marion County is divided into four commissioner districts. One member of the board shall be elected from each such district. 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: marionsb03cc04 Plan Type: Local User: staff Administrator: Marion. (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 Marion 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

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census of 2000 for the State of Georgia. Any part of Marion 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 3. (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 or appointed as a member of the board from a commissioner district, a person must have that persons legal residence in that district and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that persons term of office or that office shall become vacant. (c) The at-large member of the board may reside anywhere within Marion County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The at-large member must continue to reside within the county during that persons term of office or that office shall become vacant.
SECTION 4. (a) The members of the board serving in office on January 1, 2004, and any person selected to fill a vacancy in any such office shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified.
(b)(1) Ronald Graham, the member of the board elected at the November, 2000, special election, shall be designated to be serving from and representing Commissioner District 1, but as newly described under this Act. (2) Sandra Tyler, the member of the board elected at the November, 2002, general election, shall be designated to be serving from and representing Commissioner District 2, but as newly described under this Act. (3) Myron Wells, the member of the board elected at the November, 2000, special election, shall be designated to be serving from and representing Commissioner District 3, but as newly described under this Act.

TUESDAY, MARCH 9, 2004

1639

(c)(1) The members of the board representing Commissioner Districts 1 and 4 and the at-large member shall be elected at the general election in 2004 and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (2) The member of the board representing Commissioner District 2 shall be elected at the general election in 2004 and quadrennially thereafter and shall take office on the first day of January immediately following such members election for a term of four years and until such members successor is elected and qualified. (3) The first member from Commissioner District 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2004. The member of the board elected thereto from Commissioner District 3 in 2004 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2006, and upon the election and qualification of such members successor. All future successors to such member of the board whose term of office is to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years and until such members successor is elected and qualified. (d) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'."

SECTION 2. Said Act is further amended by striking Section 8 and inserting in its place a new Section 8 to read as follows:

"SECTION 8. The board of commissioners shall hold a regular meeting on such day as they shall determine in each month at the courthouse in said county, but they may hold special meetings at any time and at any place in said county that their duties may require them. At such meetings the chairperson shall preside, if present, but in all cases three shall constitute a quorum to do business, and at the concurrence of any three commissioners shall decide all questions. The board at the first meeting each year shall elect one of their members as chairperson and one as vice chairperson."

SECTION 3. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:

Reserved."

"Section 10.

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SECTION 4. The Board of Commissioners of Marion 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 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
District 001 Marion County
Tract: 9801 BG: 2 2095 2137 BG: 3 3029 3030 Tract: 9802 BG: 1 1001 1002 1003 1004 1005 1008 1009 1015 1016 1017 1018 1019 1021 1022 1023 1026 1029 1031 1032 1033 1039 1040 1041 1042 1043 1044 1045 1046 1047 1049 1050 1051 1052 1053 1054 1055 BG: 3 3009 3010 3011 3012 3013 3024 3038 3046 3047 3048 3049 3050 3051 3052 3053 3054 3057 3058 3059 3060 3061 3062 3063 3064 3998 3999

District 002 Marion County
Tract: 9801 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1998 1999 BG: 2 2000 2001 2002 2057 2058 2062 2063 2064 2065 2066 2069 2134 2135 2136 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023

TUESDAY, MARCH 9, 2004
3024 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 3998 Tract: 9802 BG: 1 1000 1027 1028 1030 1048 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3019
District 003 Marion County
Tract: 9801 BG: 1 1057 1058 1059 1060 1061 1062 1063 1064 BG: 2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2059 2060 2061 2067 2068 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 2096 2097 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2138 2997 2998 2999 BG: 3 3025 3026 3027 3028 3999 Tract: 9802 BG: 2 2014 2015
District 004 Marion County
Tract: 9801 BG: 2 2098 2099 2100 2101 2102 Tract: 9802 BG: 1 1006 1007 1010 1011 1012 1013 1014 1020 1024 1025 1034 1035 1036 1037 1038 1998 1999

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BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 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 2075 2076 2077 2079 2080 2081 2082 2999 BG: 3 3014 3015 3016 3017 3018 3020 3021 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3039 3040 3042 3043 3044 3045 3055 3056

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

HB 1662. By Representatives Stoner of the 34th, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Wilkinson of the 41st, Parsons of the 29th and others:
A BILL to amend an Act to provide for a $10,000.00 homestead exemption from all City of Smyrna ad valorem taxes for certain disabled residents, so as to increase the amount of said exemption to $22,000.00; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1663. By Representatives Mosley of the 129th, Post 1 and Smith of the 129th, Post 2:
A BILL to amend an Act incorporating the City of Odom, so as to change provisions relating to certain committees and chairs thereof and relating to mayoral voting; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 9, 2004

1643

HB 1664. By Representatives Ralston of the 6th, Forster of the 3rd, Post 1 and White of the 3rd, Post 2:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Fannin County; to provide for the amount of such fees; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1668. By Representatives Jenkins of the 8th and Bridges of the 7th:
A BILL to amend an Act creating the White County Water and Sewerage Authority, so as to change the provisions relating to terms of members of the authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1675. By Representatives Rogers of the 20th, Amerson of the 9th and Reece of the 21st:
A BILL to amend an Act creating a new charter for the City of Gainesville and creating the City of Gainesville School District, so as to provide for the public schools, School District, and Board of Education of the City of Gainesville; to provide for general powers, duties, authority to levy ad valorem taxes, rights, and obligations of the Board of Education and the School District; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1676. By Representative Heath of the 18th:
A BILL to create the Haralson County School Building Authority and to provide for the appointment of members of the authority; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1680. By Representative McCall of the 78th:
A BILL to amend an Act creating the office of tax commissioner of Elbert County, so as to change the provisions relating to compensation for that office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1681. By Representative McCall of the 78th:
A BILL to amend an Act providing a new charter for the City of Washington, Georgia, so as to change provisions relating to corporate boundaries; terms of the mayor, and council; electors, mayor, and council qualifications; compensation of mayor and council; selection of other city officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1682. By Representative McCall of the 78th:
A BILL to amend an Act placing the clerk of the Superior Court and judge of the Probate Court of Elbert County upon an annual salary, so as to change the provisions relating to the salaries of such officers; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1683. By Representative McCall of the 78th:

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A BILL to amend an Act regarding the compensation of the sheriff of Elbert County, so as to change the provisions relating to the salary of such officer; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1684. By Representatives Walker of the 115th, O`Neal of the 117th, James of the 114th and Ray of the 108th:
A BILL to amend an Act relating to the Perry-Houston County Airport Authority, so as to change certain provisions relating to the membership of the authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1685. By Representatives Brown of the 89th and Smith of the 110th:
A BILL to amend an Act creating the State Court of Troup County, so as to provide for a full-time solicitor-general; to provide for the compensation of said solicitor-general; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1699. By Representatives Mills of the 67th, Post 2, Coan of the 67th, Post 1, Sheldon of the 71st, Post 2, Casas of the 68th, Coleman of the 65th and others:
A BILL to amend an Act providing for a homestead exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead for certain residents of that school district who are disabled or senior citizens subject to certain income limitations, so as to allow such exemptions to continue to be received by certain unremarried surviving widows or widowers; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1700. By Representatives Lucas of the 105th, Randall of the 107th, Birdsong of the 104th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, so as to change provisions relating to the certification and levy of the school tax; to delete a provision which requires the board of education to furnish a copy of the final school budget to the board of county commissioners for its review and approval; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Birdsong Black Boggs Y Bordeaux Borders Y Bridges Y Brock Y Brooks Broome Y Brown Y Bruce Buck Y Buckner, D Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day E Dean Y Deloach Y Dix Y Dodson E Dollar
Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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 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 Morgan Y Thomas, A.M
Thompson 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, MARCH 9, 2004

Hanner Y Harbin
Harper Harrell Y Heard, J Y Heard, K Y Heath Heckstall Y Hembree Y Henson E Hill, C

Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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

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Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bills, the ayes were 152, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Forster of the 3rd, Post 1 stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 302. By Senators Levetan of the 40th, Adelman of the 42nd, Clay of the 37th, Henson of the 41st, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking for persons with disabilities, so as change the provisions relating to persons who are authorized to enforce restrictions on parking for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 399. By Senator Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that any voluntary agency that assists with the resettlement of refugees must make certain reports

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to the county and municipality in which such agency is located; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 491. By Senators Williams of the 19th, Collins of the 6th, Tate of the 38th, Levetan of the 40th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.
SB 492. By Senators Starr of the 44th, Gillis of the 20th, Cagle of the 49th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensing procedure, fee, and renewal, so as to provide that the members of one or more auxiliaries of a licensed bingo operator may assist the operation of bingo games; to provide that members of the licensed organization may assist in the bingo games of its auxiliaries; to repeal conflicting laws; and for other purposes.
SB 497. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to repeal 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, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 507. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Thomas of the 2nd, Lee of the 29th and others:

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A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2004"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 525. By Senators Levetan of the 40th, Collins of the 6th, Williams of the 19th, Reed of the 35th, Stokes of the 43rd and others:
A BILL to be entitled an Act to amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 532. By Senators Clay of the 37th, Adelman of the 42nd and Tanksley of the 32nd:
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 updating of provisions relating to business corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities; to provide for flexibility in amendments to series; to provide for effectiveness of amendments; to provide for mergers and share exchanges; to provide for mailings; to provide for authority to issue options; to provide for and change definitions; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a crossreference; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 535. By Senators Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 302. By Senators Levetan of the 40th, Adelman of the 42nd, Clay of the 37th, Henson of the 41st, Unterman of the 45th and others:
A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking for persons with disabilities, so as change the provisions relating to persons who are authorized to enforce restrictions on parking for persons with disabilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 399. By Senator Butler of the 55th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that any voluntary agency that assists with the resettlement of refugees must make certain reports to the county and municipality in which such agency is located; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 491. By Senators Williams of the 19th, Collins of the 6th, Tate of the 38th, Levetan of the 40th and Johnson of the 1st:
A BILL to be entitled an Act to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 9, 2004 Referred to the Committee on Ways & Means.

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SB 492. By Senators Starr of the 44th, Gillis of the 20th, Cagle of the 49th and Thompson of the 33rd:
A BILL to be entitled an Act to amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensing procedure, fee, and renewal, so as to provide that the members of one or more auxiliaries of a licensed bingo operator may assist the operation of bingo games; to provide that members of the licensed organization may assist in the bingo games of its auxiliaries; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

SB 497. By Senators Reed of the 35th, Tanksley of the 32nd, Zamarripa of the 36th, Price of the 56th, Thomas of the 10th and others:
A BILL to repeal 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, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 507. By Senators Thomas of the 54th, Reed of the 35th, Unterman of the 45th, Thomas of the 2nd, Lee of the 29th and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to enact the "Georgia Smokefree Air Act of 2004"; to prohibit smoking in certain facilities and areas; to state findings; to provide for definitions; to provide for exceptions; to provide for posting of signs; to provide for violations, penalties, and state and local government enforcement and administration; to provide for construction; to provide that this

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prohibition shall be cumulative to other general or local acts, rules, and regulations; to repeal a former prohibition against smoking in public places; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 525. By Senators Levetan of the 40th, Collins of the 6th, Williams of the 19th, Reed of the 35th, Stokes of the 43rd and others:
A BILL to be entitled an Act to amend Code Section 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 532. By Senators Clay of the 37th, Adelman of the 42nd and Tanksley of the 32nd:
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 updating of provisions relating to business corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities; to provide for flexibility in amendments to series; to provide for effectiveness of amendments; to provide for mergers and share exchanges; to provide for mailings; to provide for authority to issue options; to provide for and change definitions; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a crossreference; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

TUESDAY, MARCH 9, 2004

1653

SB 535. By Senators Hall of the 22nd and Collins of the 6th:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Children & Youth.

Representative Brown of the 89th arose to a point of personal privilege and addressed the House.

Representative Burmeister of the 96th arose to a point of personal privilege and addressed the House.

Representative Bannister of the 70th, Post 1 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 1200. By Representatives Coan of the 67th, Post 1 and Mills of the 67th, Post 2:
A RESOLUTION inviting the coaches and players of the Buford High School Wolves football team to appear before the House of Representatives; and for other purposes.

HR 1240. By Representatives Beasley-Teague of the 48th, Post 2, Stanley-Turner of the 43rd, Post 2, McClinton of the 59th, Post 1, Epps of the 90th and Parham of the 94th:
A RESOLUTION inviting and welcoming the Honorable Anmar Hanady to the City of Atlanta and the State of Georgia during July 1 to July 5, 2004; and for other purposes.

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HR 1342. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Skipper of the 116th, Richardson of the 26th and others:
A RESOLUTION commending Mr. Tony Stewart and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1531. By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION commending Dr. Bill Sloan and recognizing and congratulating him on his selection as Principal of the Year for 2004 and inviting him to appear before the House of Representatives; and for other purposes.

HR 1532. By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION commending the Gainesville High School Lady Red Elephants basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

HR 1533. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION commending the American Red Cross and proclaiming March, 2004, American Red Cross Month and inviting its representatives to appear before House of Representatives; and for other purposes.

HR 1537. By Representatives Mangham of the 62nd, Mobley of the 58th, BeasleyTeague of the 48th, Post 2, Stephenson of the 60th, Post 1, Thomas of the 43rd, Post 1 and others:
A RESOLUTION commending the Africa Society of The National Summit on Africa, its Georgia members, member organizations, and NSA related providers and recognizing March 12 annually henceforth as "African Society

TUESDAY, MARCH 9, 2004

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of The National Summit on Africa Recognition Day in Georgia"; and for other purposes.

HR 1538. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Snow of the 1st and Dodson of the 84th, Post 1:
A RESOLUTION commending the Clayton County Police Department's Highway Enforcement Against Traffic unit and its captain Tom Israel and inviting its members to appear before the House of Representative; 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 1511. By Representatives McClinton of the 59th, Post 1, Royal of the 140th and Ashe of the 42nd, Post 2:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

Y Day E Dean Y Deloach Y Dix Y Dodson E Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E Epps Y Fleming

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, C Y Jenkins, C.F

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham

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

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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 Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

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 N Heath Y Heckstall Y Hembree Y Henson E Hill, C

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 N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

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 Y Sheldon

Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 4. The Bill, having received the requisite constitutional majority, was passed.

HB 1450. By Representatives Bordeaux of the 125th, Campbell of the 39th, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's litigant's, state official's, or other person's ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency under certain circumstances; and for other purposes.

Representative Westmoreland of the 86th moved that HB 1450 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson

Day E Dean

N Hill, C.A N Hill, V

N Mitchell N Mobley

N Sholar N Sims

TUESDAY, MARCH 9, 2004

N Ashe N 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 N Butler N Campbell
Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B N Cooper N Crawford N Cummings

N Deloach N Dix Y Dodson N Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart Y Elrod E Epps
Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner E Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner N Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall N Hembree N Henson E Hill, C

Y Hines N Holmes Y Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas N Lunsford N Maddox N Mangham Y Manning N Marin N Martin Y Massey Y Maxwell N McBee
McCall McClinton Y Millar Y Mills

N Moraitakis N Morris N Mosby N Mosley Y Murphy, J
Murphy, Q N Noel E Oliver, B N Oliver, M
O'Neal N Orrock N Parham N Parrish
Parsons N Porter
Powell N Purcell N Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice N Richardson Y Roberts, J N Roberts, L
Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon

On the motion, the ayes were 48, nays 116. The motion failed.

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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 N Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

Representative Forster of the 3rd, Post 1 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Committee substitute was read and adopted:

A BILL To amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated,

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relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizens, litigants, state officials, or other persons ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial officials ability to declare an emergency under certain circumstances; to provide for factors to be included in a judicial emergency order; to provide for the duration of a judicial emergency order; to provide for the scope of a judicial emergency order; to provide for notice of a judicial emergency order; to provide for procedures for appealing a judicial emergency order; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Judicial Emergency Act of 2004."
SECTION 2. The General Assembly finds that the proper functioning of this states judicial system is essential to the administration of justice. Further, the General Assembly finds that our courts are subject to being disrupted and the rights of the people are subject to being denied in the event of certain attacks or emergencies, whether natural or man-made in origin. The General Assembly finds that it is in the best interests of the proper functioning of the courts and, ultimately, of the people, to provide our judicial system with a means by which to adjust certain rights, deadlines, and schedules to take into account the potentially devastating effects of a judicial emergency.
SECTION 3. Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by designating Code Sections 38-3-50 through 383-56 as Part 1 thereof and by adding immediately after said Part 1 the following:
"Part 2
38-3-60. As used in this part, the term:
(1) 'Authorized judicial official' means any of the following officials when acting with regard to his or her respective jurisdiction:
(A) The Chief Justice of the Georgia Supreme Court; (B) The Chief Judge of the Georgia Court of Appeals; (C) A chief judge of a Georgia superior court judicial circuit; or (D) The replacement for or successor to any of the officials set forth in subparagraphs (A) through (C) of this paragraph, as determined by the applicable

TUESDAY, MARCH 9, 2004

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rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act. (2) 'Judicial emergency' means: (A) A state of emergency declared by the Governor under Part 1 of this article; (B) A public health emergency under Code Section 31-12-1.1; (C) A local emergency under Code Section 36-69-2; or (D) Such other serious emergency when, as determined by an authorized judicial official, the emergency substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, or the ability of litigants or others to have access to the courts or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule or regulation.
38-3-61. (a) An authorized judicial official is authorized to declare the existence of a judicial emergency which shall be done by order either upon his or her own motion or upon motion by any interested person. The order shall state:
(1) The identity and position of the issuing authorized judicial official; (2) The time, date, and place at which the order is executed; (3) The jurisdiction or jurisdictions affected by the order; (4) The nature of the emergency necessitating the order; (5) The period or duration of the judicial emergency; and (6) Any other information relevant to the suspension or restoration of court operations. (b) An order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order. (c) In the event the circumstances underlying the judicial emergency make access to the office of a clerk of court or a courthouse impossible or impractical, the order declaring the judicial emergency shall designate another facility, which is reasonably accessible and appropriate, for the conduct of court business.
38-3-62. An authorized judicial official in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters, including, but not limited to:
(1) A statute of limitation;

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(2) The time within which to issue a warrant; (3) The time within which to try a case for which a demand for trial has been filed; (4) The time within which to hold a commitment hearing; (5) A deadline or other schedule regarding the detention of a juvenile; (6) The time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury; (7) The time within which to file a writ of habeas corpus; (8) The time within which discovery or any aspect thereof is to be completed; (9) The time within which to serve a party; (10) The time within which to appeal or to seek the right to appeal any order, ruling, or other determination; and (11) Such other legal proceedings as determined to be necessary by the authorized judicial official.
38-3-63. Upon an authorized judicial official issuing an order declaring the existence of a judicial emergency, or any modification or extension of such an order, the authorized judicial official issuing the order, modification, or extension to the extent permitted by the circumstances underlying the judicial emergency shall:
(1) Immediately notify the Chief Justice of the Georgia Supreme Court of the action; (2) Notify and serve a copy of the order, modification, or extension on the judges and clerks of all courts sitting within the jurisdictions affected and on the clerks of the Georgia Court of Appeals and the Georgia Supreme Court, such service to be accomplished through reasonable means to assure expeditious receipt; and (3) Give notice of the issuance of the order, modification, or extension to the affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated to reach the affected parties, counsel for the affected parties, and the public and may, without limitation, include mailing, publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public gathering sites, transmittal by facsimile or email, and announcements on television, radio, and public address systems.
38-3-64. (a) Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension of such an order shall be entitled to appeal. (b) A notice of appeal shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A notice of appeal shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:
(1) The authorized judicial official who issued the order; (2) The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal;

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(3) The district attorney of the county in which the notice of appeal is filed; and (4) All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the county in which the notice of the appeal is filed. (c) The appeal shall be heard immediately by the Georgia Court of Appeals under the procedure of emergency motions. A party dissatisfied by the judgment of the Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme Court. Filing fees for these appeals shall be waived. All costs of court shall be borne by the state. Appeals shall be heard expeditiously."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn

Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley N Douglas Y Drenner Y Dukes Y Ehrhart Y Elrod E 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 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, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L

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N Burkhalter Y Burmeister Y Butler Y Campbell N Casas N 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 Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

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 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 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 N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 9.
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 "aye" thereon.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, MARCH 9, 2004 AFTERNOON SESSION

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The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1539. By Representatives Buck of the 112th, Coleman of the 118th, Stanley-Turner of the 43rd, Post 2, Snow of the 1st, Hanner of the 133rd and others:
A RESOLUTION commending Lieutenant Colonel Myron E. Freeman and congratulating him on the occasion of his retirement; and for other purposes.

HR 1540. By Representatives Brown of the 89th and McBee of the 74th:
A RESOLUTION commending Communities in Schools of Georgia, Inc.; and for other purposes.

HR 1541. By Representative Manning of the 32nd:
A RESOLUTION declaring and recognizing Friday, March 26, 2004, as "Cobb County Day at the Capitol"; and for other purposes.

HR 1542. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2, Yates of the 85th, Post 1 and Jenkins of the 93rd:
A RESOLUTION commending Robert Jason Miller on his selection as the Jackson High School and Butts County 2004 STAR Student; and for other purposes.

HR 1543. By Representative Manning of the 32nd:
A RESOLUTION commending the Vascular Birthmarks Foundation and recognizing May 15, 2004, as "National Awareness of Vascular Birthmarks Day"; and for other purposes.

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HR 1544. By Representatives Murphy of the 97th, Warren of the 99th, Howard of the 98th and Anderson of the 100th:
A RESOLUTION commending the Children Christian Home and Family Resource Center, Inc.; and for other purposes.

HR 1545. By Representatives Harbin of the 80th and Fleming of the 79th:
A RESOLUTION recognizing and commending American Pride Through Education, Inc.; and for other purposes.

HR 1546. By Representatives Smith of the 129th, Post 2, Keen of the 146th, Mosley of the 129th, Post 1, Williams of the 128th and Hill of the 147th:
A RESOLUTION honoring Judge William R. Killian; and for other purposes.

HR 1547. By Representatives Howell of the 92nd, Lunsford of the 85th, Post 2, Yates of the 85th, Post 1 and Jenkins of the 93rd:
A RESOLUTION commending Mr. Mark Allen on his selection as Jackson High School and Butts County's 2004 STAR Teacher; and for other purposes.

HR 1548. By Representatives Harper of the 88th, Post 2, Butler of the 88th, Post 1 and Smith of the 87th:
A RESOLUTION commending the National Fatherhood Initiative; and for other purposes.

HR 1549. By Representatives Brooks of the 47th, Smyre of the 111th, Sinkfield of the 50th, Thomas of the 43rd, Post 1, Lucas of the 105th and others:
A RESOLUTION in memory and celebration of Hyron Lorenzo Williams; and for other purposes.

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HR 1550. By Representatives Thomas of the 43rd, Post 1, Sinkfield of the 50th, Stephenson of the 60th, Post 1, Mobley of the 58th and Mangham of the 62nd:
A RESOLUTION in memory of Ms. Rachel Corrie; and for other purposes.

HR 1551. By Representatives Mobley of the 58th, Stephenson of the 60th, Post 1, Williams of the 61st, Post 2, Anderson of the 100th and Mangham of the 62nd:
A RESOLUTION honoring and remembering the life of Mr. Willie Albert Smith; and for other purposes.

HR 1552. By Representatives Reece of the 21st, Rogers of the 20th, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION remembering and honoring the life of Mr. Curtis M. "Curt" Lance; and for other purposes.

HR 1553. By Representatives Henson of the 55th, Mosley of the 129th, Post 1, Teper of the 42nd, Post 1, Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3 and others:
A RESOLUTION honoring and commending Eva Geiringer Schloss; and for other purposes.

HR 1554. By Representatives Henson of the 55th, Teper of the 42nd, Post 1, Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3 and Moraitakis of the 42nd, Post 4:
A RESOLUTION commending Dr. Theodore Levitas; and for other purposes.

HR 1555. By Representatives Henson of the 55th, Drenner of the 57th, Oliver of the 56th, Post 2, Teper of the 42nd, Post 1, McClinton of the 59th, Post 1 and others:

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A RESOLUTION commending Georgia Perimeter College on its 40th anniversary; and for other purposes.

HR 1556. By Representative Hanner of the 133rd:
A RESOLUTION commending Mr. Wilbur Gamble and recognizing his Georgia Peanut Special Award and congratulating him on the occasion of his retirement from the Georgia Peanut Commission; and for other purposes.

HR 1557. By Representative Ehrhart of the 28th:
A RESOLUTION honoring the Durham Middle School Symphonic Band and Director Michelle Rickard; and for other purposes.

HR 1558. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Snow of the 1st and Dodson of the 84th, Post 1:
A RESOLUTION commending the Clayton County Fire Department and recognizing its 2003 award winners; and for other purposes.

HR 1559. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, Snow of the 1st and Dodson of the 84th, Post 1:
A RESOLUTION commending the men and women of the Clayton County Police Department; and for other purposes.

HR 1560. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION commending Clayton County Teacher of the Year finalists; and for other purposes.

HR 1561. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2 and Dodson of the 84th, Post 1:
A RESOLUTION commending the 2004 STAR students and STAR teachers of Clayton County; and for other purposes.

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HR 1562. By Representatives Stephenson of the 60th, Post 1 and Anderson of the 100th:
A RESOLUTION commending Mr. Stephen Coleman; and for other purposes.

HR 1563. By Representative Thompson of the 69th, Post 1:
A RESOLUTION commending Michael Alan Frisch on attaining the rank of Eagle Scout; and for other purposes.

HR 1564. By Representative Thompson of the 69th, Post 1:
A RESOLUTION commending Matthew Aaron Frisch on attaining the rank of Eagle Scout; and for other purposes.

HR 1565. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Westmoreland of the 86th and Coleman of the 118th:
A RESOLUTION recognizing and commending Ed Clark; and for other purposes.

HR 1566. By Representatives Roberts of the 135th, Dukes of the 136th and Rynders of the 137th:
A RESOLUTION commending the Honorable Willie Adams, Jr.; and for other purposes.

HR 1567. By Representatives Lunsford of the 85th, Post 2, Mills of the 67th, Post 2, Westmoreland of the 86th, Keen of the 146th, O`Neal of the 117th and others:
A RESOLUTION recognizing and commending the Air Land Emergency Resource Team of the International ALERT Academy; and for other purposes.

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Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1531 Do Pass HR 1532 Do Pass HR 1533 Do Pass

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 727. By Representatives Day of the 126th, Rogers of the 20th and Hanner of the 133rd:
A BILL to amend Chapter 9 of Title 52 of the Official Code of Georgia Annotated, relating to river and harbor development, so as to change certain provisions regarding disposal of sand and sediment; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to change certain provisions relating to river and harbor development; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by striking Chapter 9, relating to river and harbor development, and inserting in lieu thereof the following:
"CHAPTER 9 52-9-1. The General Assembly recognizes the need for maintaining navigation inlets, harbors, and rivers to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers, often alter the natural drift of beach-quality sand resources within the littoral zone, often resulting in these. This alteration can be exacerbated when the sand resources being are deposited in designated upland or offshore disposal areas instead of providing natural nourishment to the adjacent coastal beaches. being returned to the natural river-sand transport-beach system. This alteration can adversely impact natural resources, recreation, tourism, and associated coastal economies. Moreover, the General Assembly believes in the duties of government to protect life and property. Therefore, it is the policy of this state that there shall be no net loss of sand from the states coastal barrier beaches resulting from dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers.
52-9-2. (a) With regard to all beach-quality sand that is suitable for beach replenishment originating from the dredging of navigation channels within tidal inlets, as well as the entrances to harbors and rivers:
(1) Such sand shall be placed on used to replenish the adjacent coastal beaches, if possible feasible, either by deposition of sand into the near shore littoral zone or direct placement on affected beaches; or if (2) If such sand is placed elsewhere, an equivalent then a quality and quantity of sand from an alternate location shall be placed on the adjacent necessary to mitigate any adverse effects caused by the dredging shall be used to replenish affected coastal beaches; provided, however that this paragraph shall apply only where beach replenishment is necessary to mitigate effects from the dredging and dredged material removal from the natural river-sand transport-beach system of a specific project and beach replenishment from another source is the least costly environmentally sound mitigation option; (2)(3) The disposition of sand shall be completed by the person undertaking the dredging and shall be completed in cooperation with and, when required by applicable state or federal law, with the approval of the local governing authority and the Department of Natural Resources according to the requirements of Part 2 of Article 4 of Chapter 5 of Title 12, the 'Shore Protection Act'; and

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(3)(4) All such activities shall provide protection to coastal marshlands as defined in paragraph (3) of Code Section 12-5-282 and to nesting sea turtles and hatchlings and their habitats. (b) In the event the Department of Natural Resources determines that sediment originating from the construction or maintenance of navigation related projects is unsuitable for direct beach placement, the department shall retain the option to require nearshore disposal in a manner which is considered to be beneficial to the adjacent coastal beaches The Department of Natural Resources and the party undertaking the dredging shall coordinate to determine the option under subsection (a) of this Code section for beach replenishment that is most beneficial to the adjacent or affected coastal beaches, including, where applicable, identifying an alternate source of sand for purposes of paragraph (2) of subsection (a) of this Code section, after taking into consideration environmental impacts and any limitation of applicable state and federal law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown
Bruce Y Buck
Buckner, D Y Buckner, G Y Bunn

Y Day E Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E Epps Y Fleming
Floyd, H Y Floyd, J
Fludd Y Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell
Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas

Mitchell Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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 Reece, B

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
Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Thomas Morgan Y Thomas, A.M Y Thompson 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

TUESDAY, MARCH 9, 2004

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 E Hill, C

Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar
Mills

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

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Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard 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 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1431. By Representative Fleming of the 79th:
A BILL to amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide alternative methods to cancel fully satisfied judgments; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide for attorneys fees; to provide alternative methods to cancel fully satisfied judgments; to provide for an attorney affidavit; 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:

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SECTION 1. Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, is amended by striking the Code section and inserting in lieu thereof the following:
"9-13-80. (a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied. Such direction shall be delivered to the clerk not later than 30 days following the date upon which the execution was fully satisfied.
(b)(1) A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) of this Code section. (2) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness. (3) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction. (4) Damages shall be presumed in the amount of $100.00 and the court may award reasonable attorneys fees. Actual damages may be recovered, but in no event shall recovery exceed $500.00; provided, however, the court may also award reasonable attorneys fees. (c) In order to authorize the clerk of superior court to make an entry of satisfaction with respect to an execution on the general execution docket, there shall be presented for filing on the general execution docket: (1) A satisfaction upon the original execution or alias execution itself; (2) A satisfaction as provided in subsection (d) of this Code section; or (3) A satisfaction as provided in subsection (e) of this Code section. Any clerk of superior court who cancels of record any execution in the manner authorized in this subsection shall be immune from any civil liability, either in such clerks official capacity or personally, for so canceling of record such security deed. (d) Proof of satisfaction of an execution, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon an affidavit executed by the plaintiff in execution or owner or holder of record of such execution and who so swears in such affidavit, which affidavit shall be recorded in the execution docket and shall be in the following form: ________ County, Georgia
Affidavit for Satisfaction of Execution The original execution having been lost or destroyed and the indebtedness, penalties, and interest referred to in that certain writ of fi. fa. styled ___________ v. __________, dated ______________, and of record in General Execution Docket Book ______, Page ______, in the office of the clerk of the Superior Court of ________ County, Georgia, having been satisfied in full and the undersigned being the present owner of such writ of fi. fa. by virtue of being the plaintiff in fi. fa. or the

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heir, assign, transferee, or devisee of the original plaintiff in fi. fa., the clerk of such superior court is authorized and directed to make an entry of satisfaction with respect to such writ of fi. fa. In witness whereof, the undersigned has set his or her hand and seal, this ______ day of ______________, ____.

Signed, sealed, and delivered on the date above shown

______________(SEAL) Signature

__________________ Notary Public
(SEAL) My commission expires: ______________. (e) In the event that a plaintiff in execution or any person that owns or holds an execution has failed to properly transmit a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the execution of record within 60 days after a written notice mailed to such plaintiff in execution or owner or holder of record by registered or certified mail or statutory overnight delivery, return receipt requested, the clerk or clerks are authorized and directed to cancel the execution upon recording an affidavit by the attorney for the judgment debtor against whom the execution was issued or any attorney who has caused the indebtedness and other obligations under the execution to be paid in full or any attorney who has actual knowledge that the indebtedness has been paid in full. The notice shall be mailed to the plaintiff in execution or owner or holder of record, shall identify the execution, and shall include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items: (1) A written verification which was given at the time of payment by the plaintiff in execution or owner or holder of record of the amount necessary to pay off such obligations; and (2) Any one of the following:
(A) Copies of the front and back of a canceled check to the plaintiff in execution or owner or holder of record showing payment of such obligations; (B) Confirmation of a wire transfer to the owner or holder of record showing payment of such obligations; or (C) A bank receipt showing payment to the plaintiff in execution or owner or holder of record of such obligations. (f) Any person who files an affidavit in accordance with subsection (d) or (e) of this Code section which affidavit is fraudulent shall be guilty of a felony and shall be

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punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
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
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
Crawford Y Cummings

Y Day E Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes E Ehrhart Y Elrod E 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 Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson Y Hugley Y Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Mitchell Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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 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 Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

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On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 274. By Representatives Jordan of the 83rd, Birdsong of the 104th, Hill of the 81st, Thomas of the 43rd, Post 1, Mobley of the 58th and others:
A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for special and distinctive license plates for retired veterans of any branch of the active reserve components or the National Guard; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for persons who are retired from any branch of the active reserve components and the Georgia National Guard; to provide for special and distinctive license plates for retired veterans of the active reserve components or the National Guard; to provide for special and distinctive license plates for persons who served during certain wars; 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 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking subsections (a) and (b) of Code Section 40-2-65, relating to special license plates for members of the active reserve components of the United States, and inserting in their places the following:
"(a)(1) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars, motorcycles, or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining

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the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars, motorcycles, or trucks used for personal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 40-2-151 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of one of the following branches of the United States military reserve: Army, Navy, Marines, Air Force, or Coast Guard. The commanding officer of each active reserve component program unit or the adjutant general of the National Guard unit of each neighboring state shall, upon request of any reserve member or National Guard member of that unit, respectively, furnish to that member approved documentation supporting the members current membership in the respective reserve or National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the reserve member or National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.
(2) Motor vehicle owners who are retired from any branch of the active reserve components whose active reservists are eligible to obtain free motor vehicle license plates under paragraph (1) of this subsection, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycles, or trucks used for personal transportation. Each such retired member shall be entitled to no more than one such free plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 40-2-151 and a manufacturing fee of $25.00, a retired member shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection to members of the branch of the active reserve component from which that person retired. The commanding officer of each active reserve component program unit shall, upon request of any

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retired reserve member from that unit, furnish to that retired member approved documentation supporting the retired members current retired membership status from that reserve unit. This documentation shall be presented to the tax commissioner of the county in which the retired reserve member applies for the special license plate under this Code section. (b)(1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of one of the components of the United States military reserve, whether the owner is an active or retired reservist, and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate. (2) Should an active reservist who has been issued a license plate or license plates be discharged or otherwise separated, except by retirement, from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged members license plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after purchasing a regular license plate for his or her current registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of the commanding officers letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
SECTION 2. Said article is further amended by striking subsections (a) and (b) Code Section 40-2-66, relating to special license plates for members of Georgia National Guard, and inserting in its place the following:
"(a)(1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article

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for private passenger cars, motorcycles, or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall, upon request of any member of that National Guard unit, furnish to that member approved documentation supporting the members current membership in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycles, or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall, upon request of any member retired from that National Guard unit, furnish to that retired member approved documentation supporting the members retired membership status in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the retired National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard' and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the

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license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged members National Guard license plate or plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate or plates, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after purchasing a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of the commanding officers letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
SECTION 3. Said article is further amended by striking Code Section 40-2-85.1, relating to special and distinctive license plates for veterans, and inserting in its place the following:
"40-2-85.1. (a)(1) Motor vehicle owners who are retired veterans of the armed forces of the United States, the active reserve components, or the National Guard, or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, or the Global War on Terrorism shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle owners who retired from active duty with the armed forces of the United States, the active reserve components, or the National Guard shall be issued upon application for and upon compliance with the state motor vehicle laws

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relating to registration and licensing of motor vehicles a retired veterans license plate. One such retired veterans license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each retired member of the armed forces, the active reserve components, or the National Guard shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (b) The commissioner shall design a retired veterans license plate or a distinctive license plate to commemorate service by the United States armed forces, the active reserve components, or the National Guard in wars listed in subsection (a) of this Code section. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners as retired veterans of the armed forces of the United States, the active reserve components, or the National Guard, or persons who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, or the Global War on Terrorism and shall additionally, for such plates manufactured after July 1, 2001, identify distinctly the owner as a veteran of one of the following branches of the armed forces: Army, Navy, Marines, Air Force, or Coast Guard, National Guard, or the active reserve components. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased retired veteran of the armed forces of the United States, the active reserve components, or the National Guard, or of a deceased person who served during World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm, or the Global War on Terrorism shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veterans death or acquired thereafter, so long as such person does not remarry.

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(e) Special license plates issued under this Code section, except as provided in subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Wilkinson of the 41st was excused from voting on HB 274.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day E Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E 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 Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard
Howell Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y White Wilkinson
Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dean of the 49th was shown as being excused on the preceeding roll call. He wished to be recorded as voting "aye" thereon.

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 1151. By Representatives Stephens of the 124th, Post 2, Watson of the 60th, Post 2, Jackson of the 124th, Post 1, Bordeaux of the 125th, Stephens of the 123rd and others:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change time requirements relating to provisional contracts in order to receive the results of background checks for teachers, principals, and other certificated professional personnel; and for other purposes.

The report of the Committee, which was favorable to the 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 Y Dean Y Deloach Y Dix

Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mitchell Mobley
Y Moraitakis Y Morris

Y Sholar Y Sims
Sinkfield Y Skipper

TUESDAY, MARCH 9, 2004

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 Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E 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 E Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C
Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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. Y Royal Y Rynders
Sailor Y Scott Y Shaw
Sheldon

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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 Morgan Y Thomas, A.M Y Thompson 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 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Jenkins of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Sinkfield of the 50th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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HB 1598. By Representatives Dodson of the 84th, Post 1, Skipper of the 116th and Barnes of the 84th, Post 2:
A BILL to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, so as to provide that counties and municipalities that require permits for the installation, replacement, or improvement of heating, ventilation, air conditioning, plumbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y 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
Buck Buckner, D Y Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E 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
Harrell Y Heard, J Y Heard, K

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, C Y Jenkins, C.F
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 Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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 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 Morgan Y Thomas, A.M Y Thompson 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, MARCH 9, 2004

Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Buckner of the 109th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1568. By Representatives Williams of the 128th, DeLoach of the 127th, Mosley of the 129th, Post 1, Barnard of the 121st, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Coastal Manor Long Term Care Facility and congratulating it on its Georgia Nursing Home Association awards and inviting its representatives to appear before the House of Representatives; and for other purposes.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1533. By Representative Gardner of the 42nd, Post 3:
A RESOLUTION commending the American Red Cross and proclaiming March, 2004, American Red Cross Month and inviting its representatives to appear before House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

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HB 1612. By Representatives Royal of the 140th, Coleman of the 118th, Orrock of the 51st, Holmes of the 48th, Post 1, Sinkfield of the 50th and others:
A BILL to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations on the maximum amount of local sales and use taxes; to provide for additional procedures, conditions, and limitations with respect to certain water capital outlay projects, sewer capital outlay projects, or water and sewer capital outlay projects with respect to the special county 1 percent sales and use tax; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister N Barnard Y Barnes N Beasley-Teague Y Benfield Y Birdsong N 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 N Burkhalter Y Burmeister Y Butler N Campbell N 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 Y Dooley N Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E Epps N 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 Y Greene-Johnson Y Hanner N Harbin Y Harper Y Harrell N 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
Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan
Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray 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 Y Sailor N Scott

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
Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix

Y Crawford Y Cummings

TUESDAY, MARCH 9, 2004

Y Henson E Hill, C

Y Millar N Mills

Y Shaw N Sheldon

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Y Yates Coleman, Speaker

On the passage of the Bill, the ayes were 137, nays 31. The Bill, having received the requisite constitutional majority, was passed.

Representative Bannister of the 70th, 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 Sheldon of the 71st, Post 2 stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 1096. By Representatives Buckner of the 109th and Harbin of the 80th:
A RESOLUTION to promote health education and physical activity in Georgia schools; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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
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 Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E 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
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell

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

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Y Bruce Y Buck Y Buckner, D
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

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N Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

N Knox Y Lane Y Lewis Y Lord
Lucas 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 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 Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 adoption of the Resolution, the ayes were 161, nays 4. The Resolution, having received the requisite constitutional majority, was adopted.

HB 558. By Representatives Powell of the 23rd, DeLoach of the 127th, Boggs of the 145th and Burkhalter of the 36th:
A BILL to amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to provide definitions; to authorize the commission to collect and remit certain tax payments; to provide for qualifications for persons 50 years of age or older seeking a license as a professional boxer; to provide for the powers of the commission upon violation of laws and regulations relating to boxing; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, so as to revise and clarify definitions relative to the commission; to change a provision relating to the applicability of the chapter; to change a provision relating to the term of appointment for members of the commission; to provide for the offense of promotion of unarmed combat; to provide

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for penalties; to change a provision relating to service charges for tickets sold by an authorized ticket agent; to provide for the commissions authority relative to licensure of organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling and permitting of such matches, contests, and exhibitions; to provide for fees; to provide for requirements for such matches, contests, or exhibitions; to prohibit licensure in certain circumstances; to provide that receipt of compensation by an officer or director of a licensed organization for services relating to a match, contest, or exhibition authorized or governed by such organization is unlawful; to provide for a penalty; to provide for fines and for suspension, revocation, and denial of licenses and permits; to provide for exemptions; 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 4B of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Athletic and Entertainment Commission, is amended by striking Code Section 43-4B-1, relating to definitions relative to the commission, and inserting in lieu thereof the following:
"43-4B-1. As used in this chapter, the term:
(1) 'Amateur', when applied to a person engaged in boxing, wrestling, or a martial art, means a person who engages in a match, contest, or exhibition of boxing, wrestling, or a martial art that which is governed or authorized by:
(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; or (I) The local affiliate of any organization listed in this paragraph. (2) 'Boxing match' means a contest between two individuals in which contestants score points in rounds of two or three minutes by striking with padded fists the head and upper torso of the opponent or by knocking the opponent down and rendering the opponent unconscious or incapable of continuing the contest by such blows, which contest is held in a square ring supervised by a referee and scored by three judges. (3) 'Boxing registry' means a registry created or designated pursuant to subsection (j) of Code Section 43-4B-4. (3.1) 'Charitable organization' means an entity described by: (A) Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or

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(B) Section 170(c), Internal Revenue Code of 1986 (26 U.S.C. Section 170(c)). (4) 'Commission' means the Georgia Athletic and Entertainment Commission. (5) 'Exhibition' means a contest where the participants engage in the use of boxing, wrestling, or martial arts skills and techniques and where the objective is to display such skills and techniques without striving to win. (6) 'Face value' means the dollar value of a ticket or order, which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority in order to view the match, contest, exhibition, or entertainment event. A complimentary ticket shall not have a face value of $0.00. A complimentary ticket shall not have a face value of less than that of the least expensive ticket available for sale to the general public. Face value shall include any charges or fees, such as dinner, gratuity, parking, surcharges, or any other charges or fees which are charged to and must be paid by the customer in order to view the match, contest, exhibition, or entertainment event. It shall exclude any portion paid by the customer for federal, state, or local taxes. (7) 'Gross proceeds' means the total revenue received solely from the sale of tickets used or intended to be used by the audience physically attending any event required to be licensed under this chapter. (8) 'Gross receipts' means:
(A) The gross price charged for the sale or lease of broadcasting, television, pay per view, closed circuit, or motion picture rights without any deductions for commissions, brokerage fees, distribution fees, production fees, advertising, or other expenses or charges; and (B) The face value of all tickets sold and complimentary tickets redeemed. issued, provided, or given; and (C) The face value of any seats issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event. (9) 'Local tax' means any occupation tax or other tax owed to a county or municipality in order to hold a professional match, contest, or exhibition of boxing or to carry on a business as a ticket broker within such county or municipality. (10) 'Manager' means a person who under contract, agreement, or other arrangement with a boxer, undertakes to control or administer, directly or indirectly, a matter related to boxing on behalf of a boxer. Such term includes, but is not limited to, a person who functions as a booking agent, adviser, or consultant. (10.1) 'Martial art' means any form of unarmed combative sport or unarmed combative entertainment that allows contact striking, except boxing or wrestling. (11) 'Matchmaker' means a person who is employed by or associated with a promoter in the capacity of booking and arranging professional matches, contests, or exhibitions of boxing between opponents or who proposes professional matches, contests, or exhibitions of boxing and selects and arranges for the participants in such events and for whose activities in this regard the promoter is legally responsible.

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(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) 'Patron boxing', 'patron wrestling', or 'patron martial arts' means boxing, wrestling, or martial arts that is not:
(A) Governed or authorized by any organization listed in paragraph (1) of this Code section; (B) Governed or authorized by an organization licensed by the commission in accordance with this chapter; (C) Governed or authorized by an organization exempted from licensure by the commission in accordance with this chapter; and (D) Licensed by the commission in accordance with Article 2 of this chapter. (11.2)(11.3) '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. (12) 'Person' means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character. (13) 'Physician' means a doctor of medicine or other medical professional legally authorized by any state to practice medicine. (14) 'Professional' means a person who is participating or has participated in a match, contest, or exhibition of boxing or wrestling which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Has received or competed for or is receiving or competing for any cash as a salary, purse, or prize for participating in any match, contest, or exhibition of boxing or wrestling; (B) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling to which admission is granted upon payment of any ticket for admission or other evidence of the right of entry; (C) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling which is or was filmed, broadcast, or transmitted for viewing; or (D) Is participating or has participated in any match, contest, or exhibition of boxing or wrestling which provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (15) 'Professional match, contest, or exhibition of boxing or wrestling' means a boxing or wrestling match, contest, or exhibition which is not governed or authorized by one or more of the organizations listed in paragraph (1) of this Code section and: (A) Rewards a boxer or wrestler participating with cash as a salary, purse, or prize for such participation;

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(B) Requires for admission payment of a ticket for admission or other evidence of the right of entry; (C) Is filmed, broadcast, or transmitted for viewing; or (D) Provides a commercial advantage by attracting persons to a particular place or promoting a commercial product or enterprise. (16) 'Promoter' means the person primarily responsible for organizing, promoting, and producing a professional match, contest, or exhibition of boxing or wrestling and who is legally responsible for the lawful conduct of such professional match, contest, or exhibition of boxing or wrestling. (16.1) 'Promotion of unarmed combat' means the organization, promotion, production, publicizing, or arranging of, or provision of a venue for, a competition of unarmed combat by a person who receives some compensation or commercial benefit from such competition. (17) 'Purse' or 'ring earnings' means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a match, contest, or exhibition and includes the boxers or wrestlers share of any payment received for radio broadcasting, television, or motion picture rights. (18) 'State' means any of the 50 states, Puerto Rico, the District of Columbia, and any territory or possession of the United States. (19) 'Ticket broker' means: (A) 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. (20)(A) 'Unarmed combat' means any form of competition between human beings or one or more human beings and one or more animals in which:
(i) One or more blows are struck which may reasonably be expected to inflict injury on a human being; and (ii) There is some compensation or commercial benefit arising from such competition, whether in the form of cash or noncash payment to the competitors or the person arranging the competition; the sale of the right to film, broadcast, transmit, or view the competition; or the use of the competition to attract persons to a particular location for some commercial advantage or to promote a commercial product or commercial enterprise.

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(B) Unarmed combat shall include but shall not be limited to: tough man fights, bad man fights, nude boxing, and nude wrestling, patron boxing, patron martial arts, and patron wrestling. (C) Unarmed combat shall not include:
(i) Professional boxing licensed in accordance with this chapter; (ii) Professional wrestling governed or authorized by an organization licensed or exempted from licensure in accordance with this chapter; (iii) Amateur boxing governed or authorized by an organization listed in paragraph (1) of this Code section; (iv) Amateur wrestling governed or authorized by an organization listed in paragraph (1) of this Code section; (v) Any competition displaying the skills of a single form of an Oriental system of unarmed self-defense combative sports or unarmed combative entertainment, including, but not limited to, kick boxing, karate, or full-contact karate, which that is held pursuant to the rules of that form and governed or authorized by a nationally recognized organization an organization licensed by the commission in accordance with Article 4 of this chapter; (vi) Shidokan when the competition is governed by the United States Shidokan of the World Karate Association or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (vii) Mixed martial arts fighting when the competition is sanctioned, approved, or endorsed by the International Sport Combat Federation (ISCF). governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter; or (viii) Other martial arts competitions, when governed or authorized by an organization licensed by the commission in accordance with Article 4 of this chapter. (21) 'Wrestling' means: (A) A staged a staged performance of fighting and gymnastic skills and techniques by two or more human beings who are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences; or (B) A performance of fighting and gymnastic skills and techniques by two or more human beings."
SECTION 2. Said chapter is further amended by striking Code Section 43-4B-2, relating to the application of the chapter, and inserting in lieu thereof the following:
"43-4B-2. The provisions of this chapter shall not be construed to apply to any match, contest, or exhibition of boxing:
(1) In which the contestants are all amateurs; and (2) Which is governed or authorized by:

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(A) U.S.A. Boxing; (B) The Georgia High School Athletic Association; (C) The National Collegiate Athletic Association; (D) Amateur Athletic Union; (E) Golden Gloves; or (F) Team Georgia Amateur Wrestling; (G) USA Wrestling; (H) National High School Coaches Association; or (I) The local affiliate of any organization listed in this paragraph."
SECTION 3. Said chapter is further amended in Code Section 43-4B-3, relating to the membership of the Georgia Athletic and Entertainment Commission, the commissions medical advisory panel, and reimbursement of members, by striking subsection (b) and inserting in lieu thereof the following:
"(b) The commission shall be composed of five members appointed by the Governor. All appointments shall be for terms of four years. Each member of the commission shall be appointed for a term of four years and until his or her successor is appointed. Vacancies shall be filled for the unexpired terms under the same procedures and requirements as appointments for full terms."
SECTION 4. Said chapter is further amended in Code Section 43-4B-20, relating to required reports from promoters, by striking subsection (a) and inserting in lieu thereof the following:
"(a) A promoter holding a match of boxing 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."
SECTION 5. Said chapter is further amended in Code Section 43-4B-21, relating to penalties for violations relative to boxing and fighting, by inserting a new subsection to be designated subsection (d) to read as follows:
"(d) Promotion of unarmed combat, as defined in Code Section 43-4B-1, is a misdemeanor for the first offense; a high and aggravated misdemeanor for the second offense; and a felony for the third and subsequent offenses, punishable upon conviction

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by a fine not to exceed $10,000.00 or imprisonment not to exceed two years, or both such fine and imprisonment."
SECTION 6. Said chapter is further amended in Code Section 43-4B-25, relating to authority to resell ticket, by striking subsection (a) and inserting in lieu thereof the following:
"(a) Except as otherwise provided in Code Section 43-4B-29, it shall be unlawful for any person other than a ticket broker licensed in accordance with this article to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contest, concert, theater performance, amusement, exhibition, or other entertainment event to which the general public is admitted for a price in excess of the face value of the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located, provided that there are at least two locations in this state at which the public may purchase such tickets or other evidences of the right of entry without paying a service charge; one of such locations shall be at the facility where the event will be held, and another of such locations may be an Internet website. Such ticket information shall be included in all advertisements for each such event. Notwithstanding any other provision of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the face value of the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission."
SECTION 7. Said chapter is further amended by inserting a new article to be designated Article 4, to read as follows:
"ARTICLE 4
43-4B-50. The commission shall have the authority to license organizations that govern and authorize matches, contests, and exhibitions of martial arts and wrestling and to exempt organizations from licensure in accordance with this article. The commission shall have the duty to safeguard the public health by requiring licensed organizations to abide by rules promulgated by the commission for basic minimum medical and safety requirements based on the nature of the activity and the anticipated level of physical conditioning and training of competitors. The commission shall have the authority to require annual fees for licensure and a fee for each such match, contest, or exhibition

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and to penalize licensed organizations and the holders of match permits that violate the provisions of this article or rules of the commission promulgated in accordance with this article. The commission shall have the authority to provide oversight services, including but not limited to medical services, referees, and other officials, to a licensed organization for a fee negotiated between the commission and the licensed organization.
43-4B-51. (a) The annual fee for licensure of organizations subject to this article is $1,000.00. (b) The maximum permit fee for each match, contest, or exhibition authorized or governed by an organization licensed in accordance with this article is $250.00. Such fee shall be paid to the commission on or before the date of the match, contest, or exhibition. The commission shall refund the fee if the match, contest, or exhibition is not held.
43-4B-52. (a) A licensed organization shall provide written notice to the commission of a match, contest, or exhibition authorized and governed by the organization no later than seven days before the date of the match, contest, or exhibition. The licensed organization governing the match, contest, or exhibition shall provide information required by the commission relating to the contestants, venue, rules for the competition, and anticipated level of physical conditioning and training of the contestants. (b) A licensed organization shall, after a match, contest, or exhibition authorized and governed by the organization, file with the commission a written report that includes the number of tickets sold, the amount of gross receipts, the amount of sales tax to be paid to the Department of Revenue, and any other facts the commission may require. Such written report shall be postmarked within 72 hours after the conclusion of the match, contest, or exhibition.
43-4B-53. (a) An organization shall not be eligible for licensure or exemption from licensure in accordance with this article if an officer, principal, manager, partner, owner, member, shareholder, trustee, or director of the organization has been convicted of a felony involving moral turpitude within ten years of the date the organization applied for a license or exemption. (b) It shall be a misdemeanor for an officer, principal, manager, partner, owner, member, shareholder, trustee, or director of a licensed organization to receive compensation for services relating to a match, contest, or exhibition authorized or governed by the licensed organization.
43-4B-54. (a) The commission is authorized to suspend, revoke, or deny a license or renewal of a license of an organization for violation of this article or rules of the commission

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promulgated in accordance with this article. The commission is authorized to fine a licensed organization for violation of this article or rules of the commission promulgated in accordance with this article, and to require a licensed organization that has violated this article or rules promulgated in accordance with this article to accept oversight services from the commission for succeeding matches, contests, and exhibitions, and to require such a licensed organization to compensate the commission for such required oversight services. (b) The commission is authorized to suspend, revoke, or deny issuance of a permit for a match, contest, or exhibition issued in accordance with this article in the interest of the safety or health of the competitors or public, or for violation of this article or rules of the commission promulgated in accordance with this article.
43-4B-55. (a) Subject to the restriction set forth in Code Section 43-4B-53, the commission is authorized to exempt organizations from the requirements of licensure and permitting when the commission, in its discretion, deems the matches, contests, and exhibitions authorized or governed by the organization present little or no danger to the health and safety of the competitors and the public. (b) In determining whether to exempt an organization from licensure and permitting requirements, the commission shall consider the following factors:
(1) Whether the matches, contests, and exhibitions are conducted in the course of teaching wrestling or the martial art and are closely supervised by well-trained teachers; (2) Whether an admission fee is charged for viewing the matches, contests, or exhibitions; (3) Whether the matches, contests, or exhibitions offer a commercial advantage to the organization; (4) Whether the matches, contests, or exhibitions are conducted in a manner to minimize the danger of injury; (5) Whether the commissions information about previous matches, contests, or exhibitions conducted by the organization indicate that the matches, contests, or exhibitions are likely to result in injury; and (6) Other factors deemed by the commission as indicia of danger to health or safety and set out in rules promulgated by the commission."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson N 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 Broome Y Brown Y Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell E Casas Y Chambers Y Channell Y Childers
Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E Epps N Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster N Franklin Y Gardner E 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 N Heath Y Heckstall Y Hembree Y Henson E 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 N Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen N 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 Y McBee Y McCall Y McClinton Y Millar N Mills

Y Mitchell Y Mobley N Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E 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 Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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

On the passage of the Bill, by substitute, the ayes were 149, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 1404. By Representatives Day of the 126th and Stephens of the 123rd:
A RESOLUTION designating the Joy N. KIeeman Memorial Bikeway; and for other purposes.

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The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
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 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 Y Dukes E Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin
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 E 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, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen
Knox Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L 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 Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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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 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y 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 E Casas N Chambers Y Channell Y Childers

N Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley Y Douglas
Drenner Y Dukes E Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner E Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K

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, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen N Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin
Martin Y Massey N Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B N Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B N 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson N Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

N Coan Y Coleman, B N Cooper Y Crawford Y Cummings

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N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y McBee Y McCall Y McClinton N Millar Y Mills

N Rynders Y Sailor Y Scott Y Shaw N Sheldon

1701
Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 141, nays 26. The Bill, having received the requisite constitutional majority, was passed.

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 1416. By Representatives Lane of the 101st, Royal of the 140th, Porter of the 119th, Ray of the 108th, Jenkins of the 93rd and others:
A BILL to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; and for other purposes.

The following amendment was read and adopted:

Representative Lane of the 101st moved to amend HB 1416 by striking line 9 of page 3 and inserting in lieu thereof the following:
"production of wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or".

The following amendment was read:

Representatives Sims of the 130th, Ray of the 108th and Lord of the 103rd move to amend HB 1416 as follows:

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Add on page 3 after line 12
(v) Feeding, managing and raising exotic livestock to include but not be limited to, cervidae (deer), bovidae, (antelope, bison) suidae (hog) and ratites (ostrich, emu).

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
Y Ashe Bannister Barnard
N Barnes Y Beasley-Teague Y Benfield N Birdsong
Black Boggs Y Bordeaux Borders Y Bridges N Brock Y Brooks Y Broome N Brown N Bruce N Buck N Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell E Casas N Chambers N Channell Y Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

N Day N Dean N Deloach Y Dix N Dodson
Dollar N Dooley N Douglas Y Drenner N Dukes E Ehrhart N Elrod E Epps
Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin Y Gardner E Golick N Graves, D N Graves, T N Greene N Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J N Heard, K N Heath N Heckstall N Hembree Y Henson E Hill, C

N Hill, C.A Hill, V
N Hines N Holmes Y Houston Y Howard Y Howell Y Hudson N Hugley Y Jackson Y James Y Jamieson N Jenkins, C Y Jenkins, C.F N Jones N Jordan
Joyce N Keen N Knox N Lane N Lewis Y Lord
Lucas Lunsford N Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell N McBee N McCall McClinton N Millar N Mills

Y Mitchell Y Mobley Y Moraitakis N Morris
Mosby Y Mosley N Murphy, J N Murphy, Q N Noel E Oliver, B Y Oliver, M N O'Neal N Orrock N Parham N Parrish N 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 N Roberts, L N Rogers, C N Rogers, Ch. N Royal N Rynders N Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims N Sinkfield N Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre N Snow N Stanley-Turner Y Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet Y Teper
Thomas Morgan N Thomas, A.M Y Thompson N Walker, L N Walker, R.L N Warren Y Watson N Westmoreland N White N Wilkinson
Willard N Williams, A N Williams, E N Williams, R
Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 46, nays 108. The amendment was lost.

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1703

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
Burmeister Y Butler Y Campbell E Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes E Ehrhart Y Elrod E 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
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

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, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E 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
Sailor Y 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 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 Morgan Y Thomas, A.M Y Thompson 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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following supplemental Rules Calendar was read and adopted:

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HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 9, 2004

Mr. Speaker and Members of the House:
Your Committee on Rules has met and submits the following supplemental to the calendar already adopted this March 09, 2004, by adding the following:

HR 1341 Bruton Smith Parkway; designate
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 Resolutions of the House were taken up for consideration and read the third time:

HR 1262. By Representative Anderson of the 100th:
A RESOLUTION honoring the Military Veterans of Burke County and designating the Burke j Veterans Parkway; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 1341. By Representatives Barnes of the 84th, Post 2, Dodson of the 84th, Post 1, Coleman of the 118th, Westmoreland of the 86th and Lunsford of the 85th, Post 2:
A RESOLUTION designating the Bruton Smith Parkway; and for other purposes.

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1705

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolutions, the ayes were 170, nays 1. The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Massey of the 24th moved that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Industrial Relations:

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:

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.

On the motion, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister
Barnard Y Barnes N Beasley-Teague N Benfield Y Birdsong
Black N Boggs N Bordeaux Y Borders Y Bridges Y Brock N Brooks N Broome

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner Y Dukes E Ehrhart Y Elrod E Epps Y Fleming Y Floyd, H Y Floyd, J N Fludd

Y Hill, C.A Hill, V
Y Hines N Holmes N Houston Y Howard N Howell Y Hudson N Hugley N Jackson N James N Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce

N Mitchell N Mobley N Moraitakis N Morris N Mosby Y Mosley Y Murphy, J N Murphy, Q N Noel E Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons N Porter

Y Sholar Sims
N Sinkfield N Skipper Y Smith, B Y Smith, L N 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

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Y Brown N Bruce
Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell E Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

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Y Forster Y Franklin Y Gardner E Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J N Heard, K
Heath N Heckstall Y Hembree N Henson E Hill, C

Y Keen Y Knox
Lane Y Lewis N Lord Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills

N Powell Purcell
Y Ralston N Randall Y Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders N Sailor Y Scott Y Shaw Y Sheldon

On the motion, the ayes were 87, nays 74. The motion prevailed.

N Teilhet N Teper
Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix
Yates Coleman, Speaker

Representative Floyd of the 69th, Post 2 stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1570. By Representative Willard of the 40th:
A RESOLUTION inviting Xuefei Zhou, Falun Gong practitioner and former Chinese labor camp prisoner, to appear before the House of Representatives; and for other purposes.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:

TUESDAY, MARCH 9, 2004

1707

Mr. Speaker:

Your Committee on Appropriations 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 98 Do Pass HB 1691 Do Pass

HB 1720 Do Pass, by Substitute SB 501 Do Pass

Respectfully submitted, /s/ Buck of the 112th
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 House and has instructed me to report the same back to the House with the following recommendations:
HB 1048 Do Pass, by Substitute HB 1539 Do Pass, by Substitute

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 of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1325 Do Pass, by Substitute

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Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1215 Do Pass HB 1318 Do Pass, by Substitute HB 1632 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 606 Do Pass, by Substitute HB 607 Do Pass, by Substitute HB 609 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

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1709

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 1340 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 653 Do Pass, by Substitute HB 869 Do Pass, by Substitute HB 1182 Do Pass, by Substitute

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:

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Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1136 Do Pass, by Substitute HB 1520 Do Pass

HB 1710 Do Pass HB 1714 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Friday, March 12, 2004.

FRIDAY, MARCH 12, 2004 Representative Hall, Atlanta, Georgia
Friday, March 12, 2004

1711

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 Darius Ray Wiggins, United South Atlanta Church, Jonesboro, Georgia.

The members pledged allegiance to the flag.

Representative Teper of the 42nd, Post 1, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:

HB 1752. By Representatives Harper of the 88th, Post 2 and Butler of the 88th, Post 1:
A BILL to continue the existence of the Carrollton Independent School System under the management and control of the Carrollton 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 election wards; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1753. By Representatives Rogers of the 20th, Reece of the 21st and Amerson of the 9th:
A BILL to amend an Act providing for a homestead exemption from all City of Gainesville independent school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or older and whose annual household income does not exceed $12,000.00, as amended, particularly by an Act which provided a homestead exemption from such taxes for such residents who are 62 years of age but less than 75 years of age in the amount of $30,000.00 of the assessed value of the homestead if the annual household income does not exceed $25,000.00 and a full value homestead exemption from such taxes for such residents who are 75 years of age or older; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1754. 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 revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin in Spalding County, so as to authorize the City of Griffin to lease municipal property for up to five years with options to renew for three

FRIDAY, MARCH 12, 2004

1713

additional five-year periods to a nonprofit corporation for certain purposes related to recreation; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1755. By Representatives Yates of the 85th, Post 1 and Lunsford of the 85th, Post 2:
A BILL to amend an act incorporating the City of Sunny Side and providing a new charter for such city, so as to change the terms of office for the members of the council; to provide for staggered terms of office; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1756. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Rogers of the 15th, Lewis of the 12th and Franklin of the 17th:
A BILL to amend an Act entitled "An Act to provide a new charter for the City of Ball Ground," so as to change the corporate limits of the city by annexing certain property; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1757. 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 continue the State Court of Coweta County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1762. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from certain Fannin County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1763. By Representatives Smith of the 13th, Post 2, Childers of the 13th, Post 1 and Reece of the 11th:
A BILL to create the City of Rome School Building 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 1764. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Fannin County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 70 years of age or older; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1765. By Representatives Lunsford of the 85th, Post 2 and Yates of the 85th, Post 1:
A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for reading the Georgia implied consent warning prior to testing rather than at the time of arrest; to provide that no state administered test shall be requested absent probable

FRIDAY, MARCH 12, 2004

1715

cause to believe the driver was under the influence of alcohol or any other drug; and for other purposes.

Referred to the Committee on Special Judiciary.

HB 1766. By Representatives James of the 114th, Ray of the 108th, Williams of the 128th, Mosley of the 129th, Post 1, Black of the 144th and others:
A BILL to create the Aquaculture Division within the Department of Agriculture and provide for its powers and duties; to create the Aquaculture Development Advisory Council and provide for its powers and duties; to amend reserved Chapter 15 of Title 2 of the Official Code of Georgia Annotated, so as to strike the reserved designation; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated; to amend Title 2 of the Official Code of Georgia Annotated; to amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated; to amend Title 27 of the Official Code of Georgia Annotated; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

HB 1767. By Representatives Murphy of the 97th, Howard of the 98th, Warren of the 99th and Anderson of the 100th:
A BILL to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to authorize use and expenditure of such tax proceeds for consolidated government public safety purposes and operations; and for other purposes.

Referred to the Committee on Ways & Means.

HB 1768. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain

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residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1769. By Representatives Skipper of the 116th, Smyre of the 111th, Porter of the 119th, Buckner of the 82nd, Orrock of the 51st 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 provide a statement of legislative intent; to define certain terms; to provide a Code of Fair Campaign Practices; to provide that every candidate for public office shall receive a blank form of such code; and for other purposes.

Referred to the Committee on Rules.

HB 1770. By Representatives Childers of the 13th, Post 1, Smith of the 13th, Post 2 and Reece of the 11th:
A BILL to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the definition of homestead for purposes of the homestead exemption for persons who are 62 to 64 years of age and whose household income does not exceed $25,000.00 and the homestead exemption for persons who are 65 years of age or over regardless of income; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1771. By Representative Ray of the 108th:
A BILL to create a board of elections and registration for Crawford County and provide for its powers and duties; and for other purposes.

FRIDAY, MARCH 12, 2004

1717

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1772. By Representatives Bordeaux of the 125th, Hudson of the 95th, Gardner of the 42nd, Post 3, Brown of the 89th, Burmeister of the 96th and others:
A BILL to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the "Nurse Involuntary Mandatory Overtime Act"; to provide for regulations governing overtime obligations of persons licensed under Chapter 26 of Title 43; and for other purposes.

Referred to the Committee on Industrial Relations.

HB 1773. By Representative Scott of the 138th:
A BILL to amend an Act entitled "An Act to provide for the election of the members of the board of education of Turner County," so as to provide for the compensation of the members of the board; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representatives Hill of the 16th, Rogers of the 15th, Franklin of the 17th, Murphy of the 14th, Post 2, Knox of the 14th, Post 1 and others:
A BILL to create the Holly Springs Parks and Recreation Authority; to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1775. By Representatives Parrish of the 102nd, Royal of the 140th, Teper of the 42nd, Post 1, Wix of the 33rd, Post 1, Stephens of the 123rd and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of

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income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes.

3/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1775. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Parrish District 102

Referred to the Committee on Ways & Means.

HR 1569. By Representatives Bannister of the 70th, Post 1, Dodson of the 84th, Post 1, Millar of the 52nd, Parsons of the 29th, Holmes of the 48th, Post 1 and others:
A RESOLUTION urging the creation of a coordinated, multijurisdictional approach to law enforcement issues relating to criminal gangs in the metropolitan Atlanta area; and for other purposes.

Referred to the Committee on Public Safety.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1716 HB 1717 HB 1718 HB 1719 HB 1721 HB 1722 HB 1723 HB 1724 HB 1725

HB 1748 HB 1749 HB 1750 HB 1751 HB 1758 HB 1759 HB 1760 HB 1761 HR 1474

HB 1726 HB 1727 HB 1728 HB 1729 HB 1730 HB 1731 HB 1732 HB 1733 HB 1734 HB 1735 HB 1736 HB 1737 HB 1738 HB 1744 HB 1745 HB 1746 HB 1747

FRIDAY, MARCH 12, 2004
HR 1475 HR 1510 HR 1529 HR 1530 HR 1534 HR 1535 HR 1536 HR 1537 SB 302 SB 399 SB 491 SB 492 SB 497 SB 507 SB 525 SB 532 SB 535

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Pursuant to Rule 52, Representative Walker of the 71st, Post 1 moved that the following Resolution of the House be engrossed:

HR 1534. By Representatives Walker of the 71st, Post 1 and Sheldon of the 71st, Post 2:
A RESOLUTION designating the William Ira (W.I.) Still, Jr., Highway; and for other purposes.

The motion prevailed.

Representative Ray of the 108th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1459 Do Pass, by Substitute

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Respectfully submitted, /s/ Ray of the 108th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1190 Do Pass, by Substitute

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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1047 Do Pass, by Substitute HB 1542 Do Pass, by Substitute

Respectfully submitted, /s/ Powell of the 23rd
Chairman

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:

FRIDAY, MARCH 12, 2004

1721

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1024 Do Pass, by Substitute HB 1204 Do Pass, by Substitute HB 1653 Do Pass HB 1701 Do Pass, by Substitute

HB 1704 Do Pass HB 1709 Do Pass HR 1307 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1574 Do Pass HB 1579 Do Pass, by Substitute HB 1706 Do Pass, by Substitute

HB 1708 Do Pass SB 485 Do Pass

Respectfully submitted, /s/ Channell of the 77th
Chairman

Representative Bordeaux of the 125th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:

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Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 762 Do Pass, by Substitute HB 1418 Do Pass, by Substitute HB 1490 Do Pass, by Substitute

HB 1532 Do Pass, by Substitute SB 467 Do Pass

Respectfully submitted, /s/ Bordeaux of the 125th
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 214 HB 280 HB 428 HB 440 HB 473 HB 593 HB 611

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass

HB 911 Do Pass, by Substitute HB 1035 Do Pass, by Substitute HB 1150 Do Pass, by Substitute HB 1377 Do Pass, by Substitute HB 1447 Do Pass HB 1577 Do Pass

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:

FRIDAY, MARCH 12, 2004

1723

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1548 Do Pass SB 246 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 427 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1424 Do Pass, by Substitute HB 1746 Do Pass

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Respectfully submitted, /s/ Lucas of the 105th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1568 Do Pass, by Substitute

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1318 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Greene of the 134th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:

FRIDAY, MARCH 12, 2004

1725

Your Committee on State Institutions and Property 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 1565 Do Pass HB 1567 Do Pass, by Substitute

HB 1702 Do Pass, by Substitute HR 1530 Do Pass

Respectfully submitted, /s/ Greene of the 134th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1619 Do Pass HB 1652 Do Pass, as Amended HB 1688 Do Pass

HB 1693 Do Pass HB 1694 Do Pass HB 1695 Do Pass

Respectfully submitted, /s/ Smith of the 129th, Post 2
Chairman

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1440 Do Pass HR 1454 Do Pass

HR 1460 Do Pass HR 1469 Do Pass

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HR 1455 Do Pass HR 1456 Do Pass

JOURNAL OF THE HOUSE
HR 1472 Do Pass HR 1473 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1105 Do Pass HB 1384 Do Pass, by Substitute

HB 1414 Do Pass, by Substitute HB 1744 Do Pass, by Substitute

Respectfully submitted, /s/ Royal of the 140th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, MARCH 12, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:
UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 1373 Julien B. Roddenbery, Sr. Memorial Drive; designate

FRIDAY, MARCH 12, 2004

1727

DEBATE CALENDAR

HB 656 HB 984 HB 1123 HB 1245 HB 1246 HB 1247 HB 1297
HB 1304
HB 1327 HB 1335 HB 1372 HB 1410 HB 1444 HB 1512 HB 1528
HB 1559
HB 1615 HB 1698

Consumer reporting agencies; notification; certain inquiries Income tax credits; certain counties; telecommunications County school superintendents; employment contract; publication Code of Georgia; corrections Retirement and Pensions Code; corrections Elections Code; corrections Indemnification; government employed firefighters; rebuttable presumption Timely payments for goods/services; local governments/boards of education; failing to comply Motor vehicles; racial profiling; prohibit Sentence reduction; review panel; memorandum of decision Probate courts; certain judges; salary increases Income tax; exempt certain organ donation expenses Income tax; independent contractors; certain false declarations Chiropractors; board of examiners; additional authority Sales tax exemption; certain tangible personal property; certain corporate attractions Comprehensive planning and service delivery; local government; amend definition Surface and ground water; interbasin and intrabasin transfers; regulate Education; certain personnel; continuing education online

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 1619. By Representatives Morris of the 120th, Barnard of the 121st, Post 1, Oliver of the 121st, Post 2, Parrish of the 102nd and DeLoach of the 127th:
A BILL to provide that future elections for the office of probate judge of Candler County shall be nonpartisan elections; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1652. By Representatives Orrock of the 51st, Sinkfield of the 50th, Dean of the 49th, Holmes of the 48th, Post 1, Teper of the 42nd, Post 1 and others:
A BILL to create the Metropolitan Commission on Homelessness; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide the purposes for which the commission is created; 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 1652 by inserting at the beginning of line 3 of page 6 the designation "(a)".
By adding between lines 31 and 32 of page 7 the following:
"(b) Notwithstanding any other provision of this Act, no member jurisdiction shall incur any financial obligation pursuant to this Act without the approval of that member jurisdiction."
By striking lines 23 and 24 of page 8 and inserting in lieu thereof the following:
"Any action brought against the commission shall be brought in the superior court of a member jurisdiction."
By striking lines 1 through 3 of page 9 and inserting in lieu thereof the following:
"counties shall each appoint three members to the commission, one of the three to be a business leader in metropolitan Atlanta."

FRIDAY, MARCH 12, 2004

1729

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 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1688. 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 and extend 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 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1693. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Pickens County; to provide for the amount of such fees; and for other purposes.

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 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1694. By Representatives Ralston of the 6th and Lewis of the 12th:
A BILL to provide for an advisory referendum election to be held in Pickens County for the purpose of ascertaining whether the voters of such county

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desire the governing authority to enact a proposed Pickens County land use intensity district ordinance; and for other purposes.

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 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1695. By Representatives Ralston of the 6th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide that county law library fees shall be charged and collected in certain actions and cases in the Magistrate Court of Gilmer County; to provide for the amount of such fees; and for other purposes.

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 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a felony; to

FRIDAY, MARCH 12, 2004

1731

change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 424. By Senators Adelman of the 42nd, Hamrick of the 30th, Reed of the 35th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning the Attorney General, so as to provide that the Attorney General shall have, concurrent with the district attorneys of this state, the authority to prosecute under certain circumstances persons sentenced pursuant to Code Section 17-10-6.1 for crimes committed while in the custody of the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 512. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to establishment of alternate indigent defense delivery systems, so as to change certain provisions regarding requirements of such alternate delivery systems; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 515. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide for the issuance of cap, collar, swap, and other derivative transactions regarding interest rates that hedge interest rate risk with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

SB 542. By Senators Jackson of the 50th, Thomas of the 54th, Price of the 56th, Thomas of the 10th and Starr of the 44th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates promoting organ and tissue donation organizations; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
SB 551. By Senators Unterman of the 45th, Price of the 56th, Thomas of the 54th, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create a Georgia Board of Massage Therapy; to provide for membership on the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for licensing examinations; to provide for violations; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1084. By Representatives Amerson of the 9th and Ralston of the 6th:
A BILL to provide a homestead exemption from Lumpkin County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; and for other purposes.
HB 1439. 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 placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; and for other purposes.
HB 1440. By Representatives Forster of the 3rd, Post 1, Joyce of the 2nd and White of the 3rd, Post 2:

FRIDAY, MARCH 12, 2004

1733

A BILL to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the clerical allowance for the tax commissioner; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 802. By Senators Jackson of the 50th, Thomas of the 54th, Starr of the 44th and Thomas of the 10th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting organ and tissue donation organizations; to provide for the donation of revenue derived from the sales of such license plates; to provide for the deposit of revenue other than such donations into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
SR 829. By Senators Hamrick of the 30th and Dean of the 31st:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.
SR 872. By Senators Collins of the 6th, Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th and Price of the 56th:
A RESOLUTION honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-130 Hercules and declaring 2004 the "Year of the Hercules"; 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 297. By Senators Seabaugh of the 28th, Hamrick of the 30th, Mullis of the 53rd and Smith of the 52nd:
A BILL to be entitled an Act to amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to provide that the offense of fleeing or attempting to elude a police officer shall be a

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JOURNAL OF THE HOUSE
felony; to change the provisions relating to penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 424. By Senators Adelman of the 42nd, Hamrick of the 30th, Reed of the 35th and Tanksley of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning the Attorney General, so as to provide that the Attorney General shall have, concurrent with the district attorneys of this state, the authority to prosecute under certain circumstances persons sentenced pursuant to Code Section 17-10-6.1 for crimes committed while in the custody of the Department of Corrections; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 512. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend Code Section 17-12-36 of the Official Code of Georgia Annotated, relating to establishment of alternate indigent defense delivery systems, so as to change certain provisions regarding requirements of such alternate delivery systems; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 514. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Code Section 50-17-23 of the Official Code of Georgia Annotated, relating to general obligation and guaranteed revenue debts, so as to authorize the issuance of general obligation bonds bearing interest at variable rates; 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.

FRIDAY, MARCH 12, 2004 Referred to the Committee on Ways & Means.

1735

SB 515. By Senators Cagle of the 49th, Starr of the 44th and Lee of the 29th:
A BILL to be entitled an Act to amend Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state debt, investment, and depositories, so as to provide for the issuance of cap, collar, swap, and other derivative transactions regarding interest rates that hedge interest rate risk with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 542. By Senators Jackson of the 50th, Thomas of the 54th, Price of the 56th, Thomas of the 10th and Starr of the 44th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates promoting organ and tissue donation organizations; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 551. By Senators Unterman of the 45th, Price of the 56th, Thomas of the 54th, Smith of the 52nd, Balfour of the 9th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to regulation of professions and businesses, so as to add a new Chapter 24A regulating the practice of massage therapy; to provide a short title; to provide legislative findings and intent; to provide for certain definitions; to create a Georgia Board of Massage Therapy; to provide

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for membership on the board; to provide for powers of the board; to provide for licensure of massage therapists; to provide for provisional permits; to provide for licensing examinations; to provide for violations; to provide for exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SR 802. By Senators Jackson of the 50th, Thomas of the 54th, Starr of the 44th and Thomas of the 10th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a special license plate promoting organ and tissue donation organizations; to provide for the donation of revenue derived from the sales of such license plates; to provide for the deposit of revenue other than such donations into the general fund; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Motor Vehicles.

SR 829. By Senators Hamrick of the 30th and Dean of the 31st:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

3/9/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross SR 829. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Butler District 88, Post 1

FRIDAY, MARCH 12, 2004 Referred to the Committee on Transportation.

1737

Representative Hanner of the 133rd arose to a point of personal privilege and addressed the House.

Representative Gardner of the 42nd, Post 3 arose to a point of personal privilege and addressed the House.

Representative Borders of the 142nd 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 1318. By Representatives Smith of the 76th and McBee of the 74th:
A RESOLUTION commending Joseph Stunzi upon being selected America's Top Young Scientist of the Year and inviting him to appear before the House of Representatives; and for other purposes.

HR 1340. By Representatives Manning of the 32nd, Parsons of the 29th, Coleman of the 65th, Sinkfield of the 50th, Cooper of the 30th and others:
A RESOLUTION commending SafePath Children's Advocacy Center, Inc., and inviting representatives of SafePath to appear before the House of Representatives; and for other purposes.

HR 1531. By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION commending Dr. Bill Sloan and recognizing and congratulating him on his selection as Principal of the Year for 2004 and inviting him to appear before the House of Representatives; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1532. By Representatives Rogers of the 20th, Reece of the 21st, Amerson of the 9th and Mills of the 67th, Post 2:
A RESOLUTION commending the Gainesville High School Lady Red Elephants basketball team and inviting the team to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read:

HR 1575. By Representative Skipper of the 116th

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, the meeting dates and dates of adjournment for the 2004 regular session of the General Assembly for the period of March 15, 2004, through March 22, 2004, shall be as follows:
Monday, March 15 .....................................................in session for legislative day 32 Tuesday, March 16 .....................................................in adjournment Wednesday, March 17 ................................................in session for legislative day 33 Thursday, March 18 ...................................................in adjournment Friday, March 19 ........................................................in session for legislative day 34 Saturday, March 20 ....................................................in adjournment Sunday, March 21.......................................................in adjournment Monday, March 22 .....................................................in session for legislative day 35
BE IT FURTHER RESOLVED that on and after March 22, 2004, the periods of adjournment of the 2004 session, if any, shall be as specified by subsequent resolution of the General Assembly, except that for the remainder of the 2004 regular session, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at the close of the legislative day on each Friday on which the General Assembly is in session and shall reconvene on the following Monday.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

FRIDAY, MARCH 12, 2004

1739

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
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 E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick
Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K N Heath
Heckstall Y Hembree Y Henson E 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, C Y Jenkins, C.F
Jones Y Jordan
Joyce Keen Y Knox Y Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

N 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 Parham Y Parrish Y Parsons Y Porter Powell Purcell Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims
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 Morgan Thomas, A.M Y Thompson Y Walker, L Walker, R.L Y Warren Y Watson Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Yates Coleman, Speaker

On the adoption of the Resolution, the ayes were 145, nays 3. The Resolution was adopted.

Representative Mangham of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1528. By Representatives Royal of the 140th, Buck of the 112th, Skipper of the 116th, Parrish of the 102nd, Borders of the 142nd and others:
A BILL to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and user taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley
Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D
Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K

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, C Y Jenkins, C.F Y Jones Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Maddox Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal

Y Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R
Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson
Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A

Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 12, 2004

N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y McBee Y McCall Y McClinton
Millar Y Mills

N Rynders Y Sailor Y Scott Y Shaw Y Sheldon

1741
Y Williams, E Y Williams, R Y Wix
Yates Coleman, Speaker

On the passage of the Bill, the ayes were 151, nays 5. The Bill, having received the requisite constitutional majority, was passed.

Representative Hill of the 147th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1245. By Representative Skipper of the 116th:
A BILL to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; and for other purposes.

The report of the Committee, which was favorable to the 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
Boggs Y Bordeaux Y Borders Y Bridges Y Brock

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H

Y 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, C
Jenkins, C.F Y Jones

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 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

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Y Brooks Y Broome Y Brown E 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 E Coleman, B Y Cooper Y Crawford Y Cummings

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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 E Hill, C

Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox
Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Y Mills

Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
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 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 8th 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 1246. By Representatives Skipper of the 116th and Cummings of the 19th:
A BILL to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

Y Day Y Dean Y Deloach

Hill, C.A Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

FRIDAY, MARCH 12, 2004

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 E 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 E Coleman, B Y Cooper Y Crawford Y Cummings

Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Mangham Y Manning Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills

Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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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 Morgan Y Thomas, A.M Y Thompson 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1247. By Representatives Skipper of the 116th, Greene of the 134th and Powell of the 23rd:
A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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 E Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J 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 E 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, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson 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 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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:

FRIDAY, MARCH 12, 2004

1745

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.

The following Committee substitute was read and adopted:

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; to provide for such designation with respect to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities; to provide for such designation with respect to tax credits for establishing or relocating headquarters; to provide for such designation with respect to tax credits for certain business enterprises for leased motor vehicles; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40, relating to designation of counties as less developed areas, and inserting in its place a new Code Section 48-7-40 to read as follows:
"48-7-40. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses.
(b)(1) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the

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commissioner of community affairs shall rank and designate as less developed areas all 159 counties in this state, or portions thereof, using a combination of the following equally weighted factors:
(A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period; and (C) Highest percentage of residents whose incomes are below the poverty level according to the most recent data available. Each county in this state shall constitute a single area for purposes of applying the factors enumerated in this paragraph, unless a county is comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate as reflected in the most recent decennial census. In such case, each such area of the county comprised of those census tracts shall constitute a separate area for purposes of applying the factors enumerated in this paragraph. (2) Counties or portions thereof ranked and designated as the first through seventyfirst least developed counties areas shall be classified as tier 1, counties or portions thereof ranked and designated as the seventy-second through one hundred sixth least developed counties areas shall be classified as tier 2, counties or portions thereof ranked and designated as the one hundred seventh through one hundred forty-first least developed counties areas shall be classified as tier 3, and counties the remaining counties or portions thereof shall be sequentially ranked and designated as the one hundred forty-second through one hundred fifty-ninth least developed counties and shall be classified as tier 4. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county area which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county area. No designation made pursuant to this subsection shall operate to displace or remove any other county area previously designated as a tier 2 county area. (c.1) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 county area which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county area. No designation made pursuant to this subsection shall operate to displace or remove any other county area previously designated as a tier 1 county area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular county or portion thereof is reclassified in a different tier. (e) Business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 1 counties areas shall be allowed a tax credit for taxes

FRIDAY, MARCH 12, 2004

1747

imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; 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 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. 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. Business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 2 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 3 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties or portions thereof designated by the commissioner of community affairs as tier 4 counties areas shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties areas, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties areas, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties areas, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties areas, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county area that has the lowest average wage of any county area in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. 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. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any

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credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayers state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties areas, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayers state income tax liability attributable to income derived from operations in this state for such taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties or portions thereof recognized and designated as the first through fortieth least developed counties areas in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature. (j) The commissioner may require such reports, promulgate such regulations, and gather such relevant data necessary and advisable for the evaluation of the job tax credits established by this Code section."
SECTION 2. Said article is further amended by striking subsection (c) of Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new subsection (c) to read as follows:
"(c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section:

FRIDAY, MARCH 12, 2004

1749

(1) Any area comprised of ten or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such area; or (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate as reflected in the most recent decennial census; or (2)(3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area."
SECTION 3. Said article is further amended by striking subsection (b) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 1 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 1 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent."
SECTION 4. Said article is further amended by striking subsection (b) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 2 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 2 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax

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imposed under this article in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent."
SECTION 5. Said article is further amended by striking subsection (b) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing and telecommunications facilities or manufacturing or telecommunications support facilities in tier 3 or 4 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility in this state in a tier 3 or a tier 4 county area designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under this article in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year consists of recycling machinery or equipment, a recycling manufacturing facility, pollution control or prevention machinery or equipment, a pollution control or prevention facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent."
SECTION 6. Said article is further amended by striking subsection (b) of Code Section 48-7-40.7, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 1 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 1 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.2. No taxpayer who claims the credit under Code Section 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code

FRIDAY, MARCH 12, 2004

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section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."
SECTION 7. Said article is further amended by striking subsection (b) of Code Section 48-7-40.8, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 2 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 2 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. No taxpayer who claims the credit under Code Section 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:

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(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."
SECTION 8. Said article is further amended by striking subsection (b) of Code Section 48-7-40.9, relating to optional tax credits for existing manufacturing or telecommunications facilities or manufacturing or telecommunications support facilities in tier 3 or 4 counties, and inserting in its place a new subsection (b) to read as follows:
"(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing or telecommunications facility or manufacturing or telecommunications support facility and which first places in service during a taxable year qualified investment property in this state in a tier 3 or a tier 4 county area designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that such qualified investment property remains in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. No taxpayer who claims the credit under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 percent of the cost of all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such qualified investment property is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits

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and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the following amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined without regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year."

SECTION 9. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 48-7-40.17, relating to tax credits for establishing or relocating headquarters, and inserting in its place a new paragraph (2) to read as follows:
"(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 areas, the average wage of the county area in which it is located; (ii) In tier 2 counties areas, 105 percent of the average wage of the county area in which it is located; (iii) In tier 3 counties areas, 110 percent of the average wage of the county area in which it is located; and (iv) In tier 4 counties areas, 115 percent of the average wage of the county area in which it is located; and (D) Has no predetermined end date."

SECTION 10.

Said article is further amended by striking subsection (b) of Code Section 48-7-40.22,

relating to tax credits for business enterprises for leased motor vehicles, and inserting in

its place a new subsection (b) to read as follows:

"(b) A business enterprise which is located in a tier 1 or tier 2 county area which

purchases or leases a new motor vehicle as defined in paragraph (34) of Code Section

40-1-1 in this state which is used for the exclusive purpose of providing transportation

for its employees shall be allowed a credit for taxes imposed under this article as

follows:

Tier

Credit amount per vehicle

1 .................................................................................................................... $ 3,000.00

2 .................................................................................................................... 2,000.00"

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SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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 E 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 E 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 E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y 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 Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y 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 Y McBee McCall McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

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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.

Representative McClinton of the 59th, 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 1512. By Representatives Henson of the 55th, Moraitakis of the 42nd, Post 4, Wilkinson of the 41st, Thomas of the 43rd, Post 1 and Watson of the 60th, Post 2:
A BILL to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to condition any sanction for a nonclinical infraction, including the authority to expunge or delete such infraction from the disciplinary record of any licensee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-6.1, relating to the scope of the authority of the Georgia Board of Chiropractic Examiners, and inserting in its place the following:
"43-9-6.1. The board is authorized to:
(1) Adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter;

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(2) Examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state; (3) Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic in this state; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter; and (6) Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the division director; and (7) Expunge or delete from the disciplinary record of any licensee infractions not defined as immoral and unprofessional conduct or reasonable care and skill."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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 Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner

Y 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham

Y Mitchell Y Mobley Y Moraitakis
Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S
Rice Y Richardson

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson

Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 12, 2004

Y Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

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Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R
Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1573. By Representatives Sheldon of the 71st, Post 2, Walker of the 71st, Post 1, Heard of the 70th, Post 3, Bannister of the 70th, Post 1, Casas of the 68th and others:
A RESOLUTION commending the South Gwinnett High School boys' basketball team and inviting the players and their coaches to appear before the House of Representatives; and for other purposes.

HR 1574. By Representative Epps of the 90th:
A RESOLUTION congratulating the West Georgia Wolverines and inviting the team to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1615. By Representatives McCall of the 78th, Hanner of the 133rd, Powell of the 23rd, Smith of the 87th, Royal of the 140th and others:

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A BILL to regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; to change certain provisions relating to permits to withdraw, obtain, or use ground water; and for other purposes.

The following Committee substitute was read:

A BILL
To regulate interbasin and intrabasin transfers of surface water and ground water; 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 of water withdrawal; 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 repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking subsection (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters and monitoring, recording, and reporting of water withdrawal, and inserting in lieu thereof the following:
"(n)(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, pipelines, conduits,

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1759

ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of surface waters from a point within a basin and discharge of all or any part of that water at a different location in that basin by means of pipes, pipelines, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Surface water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Surface water contained in any intermediate or product shipped or transported for further processing or for sale. (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 surface-water withdrawal permits which if granted on or after July 1, 2004, 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)(i) 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;. (ii) The regulation of interbasin transfers shall be informed by scientific knowledge, must respect natural systems, and must protect the basins of origin and the receiving basins. In addition to those factors listed in subsection (e) of this Code section, the director shall consider the following factors in considering an application for an interbasin transfer permit:
(I) The quantity of the proposed withdrawal and the stream flow of the basin of origin, with special concern for low-flow conditions; (II) Protection of the present uses and consideration of projected stream uses of the basin of origin, with special concern for low-flow conditions and the ecology of the stream;

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(III) Protection of the water quality in the basin of origin, with special concern for low-flow conditions; (IV) The economic feasibility, cost effectiveness, and environmental impacts of the proposed permit in relation to alternative sources of water supply, including the cumulative impacts of current and proposed interbasin transfers in the basin; (V) The overall current water demand and the reasonably foreseeable future water needs of the basin of origin; (VI) The supply of water presently available to the receiving basin, as well as the overall current water demand and the reasonably foreseeable future water needs of the receiving basin, including methods of water use, conservation, and efficiency of use; (VII) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to implement effectively its responsibilities under the requested permit; (VIII) The nature of the applicants use of the water to determine whether the use is reasonable; (IX) Whether the applicant has implemented all reasonable efforts to promote conservation; (X) Whether the proposed project requiring the interbasin transfer shall promote conservation of water; (XI) The requirements of other state and federal agencies with authority relating to water resources; (XII) The availability of water to respond to emergencies, including drought in the basin of origin and in the receiving basin; (XIII) Whether the project shall have any beneficial or detrimental impact on navigation, hydropower or other power generation, fish and wildlife habitats, aesthetics, or recreation; (XIV) The quantity, quality, location, and timing of water returned to the basin of origin, receiving basin, or a downstream basin; (XV) Climatic conditions; (XVI) Any offsetting increases in flow in the basin of origin that may be arranged through permit conditions; (XVII) The number of downstream river miles from which water will be diverted as a result of the transfer; (XVIII) Consultations with local governments affected by the proposed transfer and use; (XIX) The correlation between surface water and ground water in the basin of origin and whether the proposed use will be harmful to the supply of either or both; (XX) Impact on interstate water use; (XXI) The cumulative effect on the basin of origin and the receiving basin of any water transfer or consumptive water use that is authorized or projected; and

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(XXII) Such other factors as are reasonably necessary to carry out the purposes of Georgia law. (iii) 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. (iv) 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; (B) Any interbasin transfer that crosses more than two adjacent counties or intrabasin transfer that crosses more than four adjacent counties is prohibited, except for interbasin or intrabasin transfers that are part of a plan approved by the division pursuant to Article 10 of this chapter, the 'Metropolitan North Georgia Water Planning District Act,' 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'; (2)(C) Any person who receives in one county an interbasin or intrabasin transfer of water which originated in a second county is prohibited from transferring any or all of such water by means of pipes, pipelines, conduits, ditches, or canals into a third county, except for interbasin or intrabasin transfers that are part of a plan approved by the division pursuant to Article 10 of this chapter, the 'Metropolitan North Georgia Water Planning District Act,' or except to satisfy critical needs; and (D) 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."
SECTION 2. Said chapter is further amended in 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, by inserting a new subsection to read as follows:
"(g.1)(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.

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(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, pipelines, conduits, ditches, or canals; provided, however, interbasin transfer shall not include the following:
(i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale. (E) 'Intrabasin transfer' means the withdrawal, diversion, or pumping of ground water from a point within a basin and discharge of all or any part of that water at a different location in that basin by means of pipes, pipelines, ditches, conduits, or canals; provided, however, intrabasin transfer shall not include the following: (i) Ground water transferred from one place to another in connection with mining, conveying, processing, beneficiation, sale, or shipment of any mineral, as such term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode of transportation including but not limited to pipes, pipelines, conduits, ditches, or canals; and (ii) Ground water contained in any intermediate or product shipped or transported for further processing or for sale. (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 ground-water withdrawal permits which if granted on or after July 1, 2004, would authorize an interbasin or intrabasin transfer, the director shall be bound by the following requirements: (A)(i) 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. (ii) The regulation of interbasin transfers shall be informed by scientific knowledge, must respect natural systems, and must protect the basins of origin and the receiving basins. In addition to those factors listed in subsection (d) of this

FRIDAY, MARCH 12, 2004

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Code section, the director shall consider the following factors in considering an application for an interbasin transfer permit:
(I) The quantity of the proposed withdrawal with special concern for low-flow conditions; (II) Protection of the present uses and consideration of projected ground-water uses of the basin of origin, with special concern for low-flow conditions; (III) Protection of the water quality in the basin of origin, with special concern for low-flow conditions; (IV) The economic feasibility, cost effectiveness, and environmental impacts of the proposed permit in relation to alternative sources of water supply, including the cumulative impacts of current and proposed interbasin transfers in the basin; (V) The overall current water demand and the reasonably foreseeable future water needs of the basin of origin; (VI) The supply of water presently available to the receiving basin, as well as the overall current water demand and the reasonably foreseeable future water needs of the receiving basin, including methods of water use, conservation, and efficiency of use; (VII) The beneficial impact of any proposed transfer and the demonstrated capability of the applicant to implement effectively its responsibilities under the requested permit; (VIII) The nature of the applicants use of the water to determine whether the use is reasonable; (IX) Whether the applicant has implemented all reasonable efforts to promote conservation; (X) Whether the proposed project requiring the interbasin transfer shall promote conservation of water; (XI) The requirements of other state and federal agencies with authority relating to water resources; (XII) The availability of water to respond to emergencies, including drought in the basin of origin and in the receiving basin; (XIII) Reserved; (XIV) The quantity, quality, location, and timing of water returned to the basin of origin or receiving basin; (XV) Climatic conditions; (XVI) Any offsetting increases in flow in the basin of origin that may be arranged through permit conditions; (XVII) Reserved; (XVIII) Consultations with local governments affected by the proposed transfer and use; (XIX) The correlation between surface water and ground water in the basin of origin and whether the proposed use will be harmful to the supply of either or both; (XX) Impact on interstate water use;

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(XXI) The cumulative effect on the basin of origin and the receiving basin of any water transfer or consumptive water use that is authorized or projected; and (XXII) Such other factors as are reasonably necessary to carry out the purposes of Georgia law. (iii) 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. (iv) 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; (B) Any interbasin transfer that crosses more than two adjacent counties or intrabasin transfer that crosses more than four adjacent counties 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 person who receives in one county an interbasin transfer of water which originated in a second county is prohibited from transferring any or all of such water by means of pipes, pipelines, conduits, ditches, or canals into a third county, except to satisfy critical needs; and (D) 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."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Buckner of the 109th et al. move to amend the Committee substitute to HB 1615 as follows:
By adding a new subsection "(D)" after line 8, page 8 to read as follows:

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1765

"(D) The exemptions provided for in (B) and (C) above shall expire and be of no further force and effect upon the approval of any state-wide water plan approved and adopted under this title."
And by changing "(D)" on line 9, page 8 to "(E)".

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 Y Barnard N Barnes
Beasley-Teague Y Benfield Y Birdsong
Black N Boggs N Bordeaux N Borders N Bridges Y Brock Y Brooks N Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas Y Chambers N Channell Y Childers N Coan E Coleman, B Y Cooper N Crawford Y Cummings

Y Day Dean
Y Deloach Y Dix N Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin Y Gardner N Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner N Harbin Y Harper N Harrell N Heard, J N Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A N Hill, V Y Hines Y Holmes N Houston
Howard Y Howell N Hudson Y Hugley N Jackson Y James N Jamieson Y Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis N Lord Y Lucas Y Lunsford N Maddox Y Mangham Y Manning N Marin Y Martin N Massey N Maxwell Y McBee N McCall
McClinton Y Millar N Mills

Y Mitchell Y Mobley Y Moraitakis N Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M E O'Neal Y Orrock Y Parham N Parrish N Parsons Y Porter N Powell Y Purcell Y Ralston Y Randall N Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders Y Sailor N Scott N Shaw N Sheldon

N Sholar 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 N Stephens, E Y Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper N Thomas Morgan Y Thomas, A.M N Thompson Y Walker, L N Walker, R.L Y 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 88, nays 79. The amendment was adopted.

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JOURNAL OF THE HOUSE

Representative McCall of the 78th moved that the House reconsider its action in adopting the Buckner amendment.

On the motion, the roll call was ordered and the vote was as follows:

N 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 N Brock N Brooks Y Broome N Brown E Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister Y Butler N Campbell N Casas N Chambers Y Channell N Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

N Day Dean
Y Deloach N Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin N Gardner Y Golick N Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner N Harbin N Harper Y Harrell Y Heard, J Y Heard, K Y Heath N Heckstall Y Hembree N Henson E Hill, C

Y Hill, C.A Y Hill, V N Hines N Holmes Y Houston N Howard N Howell Y Hudson N Hugley Y Jackson N James Y Jamieson N Jenkins, C Y Jenkins, C.F N Jones N Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord
Lucas N Lunsford
Maddox Y Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell N McBee Y McCall N McClinton N Millar Y Mills

Y Mitchell N Mobley N Moraitakis Y Morris
Mosby N Mosley Y Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M E O'Neal N Orrock Y Parham Y Parrish Y Parsons N Porter Y Powell N Purcell N Ralston Y Randall Y Ray E 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 N Sinkfield Y Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T N Smith, V N Smyre N Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland Y White N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the motion, the ayes were 83, nays 84. The motion was lost.

The following amendment was read:

FRIDAY, MARCH 12, 2004

1767

Representative Rogers of the 15th et al. move to amend the Committee substitute to HB 1615 by inserting between lines 33 and 34 of page 4 the following:
"(C.1) The provisions of subparagraphs (B) and (C) of this paragraph notwithstanding, any new interbasin transfer of water withdrawn from the Etowah River upriver from Lake Allatoona is prohibited on and after July 1, 2004;".

The following amendment was read:

Representative Burmeister of the 96th et al. move to amend the Rogers amendment to HB 1615 as follows:
Add after Lake Allatoona "and the Savannah River,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague Y Benfield Y Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler N Campbell Y Casas Y Chambers

Y Day Dean
Y Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin Y Harper N Harrell

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston Y Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F N Jones N Jordan Y Joyce Y Keen N Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin

Y Mitchell N Mobley N Moraitakis N Morris
Mosby Mosley Y Murphy, J Y Murphy, Q N Noel N Oliver, B N Oliver, M E O'Neal N Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Purcell Y Ralston Randall N Ray E Reece, B Y Reece, S Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C

N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner Y Teilhet Y Teper
Thomas Morgan Thomas, A.M N Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White N Wilkinson

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N Channell Y Childers Y Coan E Coleman, B Y Cooper N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson E Hill, C

Y Massey Y Maxwell N McBee N McCall N McClinton N Millar Y Mills

Y Rogers, Ch. N Royal N Rynders
Sailor N Scott N Shaw Y Sheldon

N Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 72, nays 93. The amendment was lost.

On the adoption of the Rogers amendment, the roll call was ordered and the vote was as follows:

N Amerson N Anderson Y Ashe Y Bannister N Barnard N Barnes Y Beasley-Teague Y Benfield Y Birdsong N Black N Boggs N Bordeaux N Borders N Bridges Y Brock Y Brooks N Broome Y Brown E Bruce Y 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 E Coleman, B Y Cooper N Crawford Y Cummings

N Day Dean
N Deloach Y Dix N Dodson Y Dollar N Dooley N Douglas N Drenner N Dukes Y Ehrhart E Elrod Y 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 N Heard, J N Heard, K Y Heath N Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A N Hill, V Y Hines Y Holmes N Houston N Howard Y Howell Y Hudson Y Hugley N Jackson N James Y Jamieson Y Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen N Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell Y McBee N McCall N McClinton N Millar N Mills

N Mitchell N Mobley Y Moraitakis N Morris N Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel N Oliver, B Y Oliver, M E O'Neal Y Orrock N Parham N Parrish Y Parsons N Porter N Powell Y Purcell Y Ralston N Randall N Ray E Reece, B N Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw
Sheldon

N Sholar Y Sims Y Sinkfield N Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T
Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes N Stoner Y Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L N Warren Y Watson Y Westmoreland Y White N Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

FRIDAY, MARCH 12, 2004 On the adoption of the amendment, the ayes were 88, nays 82. The amendment was adopted.

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The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson Y Ashe Y Bannister N Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black N Boggs N Bordeaux Y Borders N Bridges Y Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn Y Burkhalter N Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B
Cooper Y Crawford Y Cummings

Y Day Dean
N Deloach Y Dix Y Dodson N Dollar N Dooley Y Douglas N Drenner Y Dukes N Ehrhart E Elrod Y Epps N Fleming N Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin N Gardner N Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Y Hanner N Harbin Y Harper N Harrell Y Heard, J Y Heard, K N Heath Y Heckstall Y Hembree N Henson E Hill, C

N Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston N Howard Y Howell Y Hudson Y Hugley N Jackson Y James Y Jamieson Y Jenkins, C N Jenkins, C.F Y Jones Y Jordan Y Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning N Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

N Mitchell Y Mobley Y Moraitakis
Morris N Mosby N Mosley N Murphy, J N Murphy, Q Y Noel Y Oliver, B Y Oliver, M E O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B N Reece, S Y Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
Sheldon

Y Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smyre Y Snow N Stanley-Turner N Stephens, E N Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L N Walker, R.L N Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R N Wix N Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 61.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Morris of the 120th 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 1372. By Representatives Wix of the 33rd, Post 1, Snow of the 1st, Skipper of the 116th, Royal of the 140th and Parham of the 94th:
A BILL to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation of judges of the probate court, so as to increase the minimum salary for judges of the probate court who also hold and conduct elections or are responsible for conducting elections for members of the General Assembly under any applicable general or local law of this state; and for other purposes.

The following amendment was read:

Representative Douglas of the 73rd moves to amend HB 1372 as follows:
Pg 1, line 17, delete "by" add "to".

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 N Barnes N Beasley-Teague N Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders

N Day N Dean N Deloach N Dix N Dodson
Dollar N Dooley Y Douglas N Drenner N Dukes N Ehrhart E Elrod N Epps

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley Y Jackson N James N Jamieson N Jenkins, C

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M E O'Neal N Orrock

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

N Bridges Y Brock N Brooks
Broome N Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter N Burmeister N Butler Y Campbell N Casas Y Chambers N Channell N Childers Y Coan E Coleman, B N Cooper N Crawford Y Cummings

FRIDAY, MARCH 12, 2004

Fleming N Floyd, H N Floyd, J N Fludd
Forster Y Franklin N Gardner N Golick N Graves, D N Graves, T N Greene N Greene-Johnson
Hanner N Harbin N Harper N Harrell Y Heard, J N Heard, K N Heath N Heckstall N Hembree N Henson E Hill, C

N Jenkins, C.F Y Jones N Jordan Y Joyce N Keen Y Knox N Lane N Lewis N Lord N Lucas N Lunsford N Maddox N Mangham N Manning N Marin Y Martin N Massey Y Maxwell N McBee N McCall N McClinton N Millar N Mills

N Parham N Parrish Y Parsons N Porter N Powell N Purcell N Ralston N Randall N Ray E 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

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Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L N 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 29, nays 138. The amendment was lost.

The following amendment was read:

Representative Greene of the 134th et al. move to amend HB 1372 on line 16 of page 1 by inserting after the word "shall" the following:
", subject to approval by the county governing authority,".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe
Bannister Y Barnard N Barnes N Beasley-Teague N Benfield

Y Day N Dean N Deloach N Dix N Dodson
Dollar N Dooley Y Douglas

N Hill, C.A N Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell
Hudson

N Mitchell N Mobley N Moraitakis N Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q

Y Sholar Y Sims
Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T

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Y Birdsong Y Black Y Boggs N Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown E Bruce N 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 E Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

N Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming N Floyd, H Y Floyd, J Y Fludd
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 Heard, K Y Heath N Heckstall Y Hembree N Henson E Hill, C

N Hugley N Jackson N James Y Jamieson N Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis
Lord Y Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell
McBee N McCall N McClinton Y Millar Y Mills

Y Noel Y Oliver, B N Oliver, M E O'Neal N Orrock N Parham N Parrish Y Parsons N Porter
Powell N Purcell Y Ralston
Randall N Ray E 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 N Sailor Y Scott
Shaw Y Sheldon

On the adoption of the amendment, the ayes were 98, nays 60. The amendment was adopted.

Y Smith, V Smyre
Y Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson
Stokes N Stoner N Teilhet N Teper N Thomas Morgan
Thomas, A.M N Thompson 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

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.

Representative Lane of the 101st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Wix of the 33rd, Post 1 moved that the House reconsider its action in adopting the Greene amendment.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 12, 2004

N Amerson N Anderson Y Ashe Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock N Brooks
Broome N Brown E Bruce Y Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell N Childers N Coan E Coleman, B Y Cooper Y Crawford Y Cummings

N Day N Dean Y Deloach Y Dix N Dodson
Dollar Y Dooley
Douglas Y Drenner N Dukes N Ehrhart E Elrod N Epps N Fleming Y Floyd, H Y Floyd, J N Fludd N Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene N Greene-Johnson N Hanner N Harbin N Harper Y Harrell
Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson E Hill, C

N Hill, C.A N Hill, V N Hines
Holmes N Houston N Howard N Howell
Hudson Hugley Y Jackson Y James N Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Lord Y Lucas N Lunsford Maddox Y Mangham N Manning Y Marin Martin N Massey N Maxwell McBee Y McCall N McClinton N Millar Y Mills

Y Mitchell N Mobley N Moraitakis Y Morris Y Mosby N Mosley N Murphy, J N Murphy, Q N Noel Y Oliver, B N Oliver, M E O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw N Sheldon

On the motion, the ayes were 64, nays 90. The motion was lost.

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Y Sholar Y Sims
Sinkfield N Skipper N Smith, B N Smith, L N Smith, P N Smith, T N Smith, V
Smyre N Snow
Stanley-Turner N Stephens, E N Stephens, R N Stephenson
Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson 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

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

N Day Dean
Y Deloach

Y Hill, C.A Y Hill, V N Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Sims
Y Sinkfield

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JOURNAL OF THE HOUSE

Y Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield
Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome N Brown E Bruce Y Buck Y Buckner, D N Buckner, G Y Bunn N Burkhalter Y Burmeister N Butler N Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford N Cummings

Y Dix Y Dodson
Dollar N Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J 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 Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Holmes Y Houston
Howard Y Howell
Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas N 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 Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M E 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 N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal N Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Skipper Y Smith, B Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren N Watson Y Westmoreland N White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, as amended, the ayes were 143, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1698. By Representatives Graves of the 10th, Ashe of the 42nd, Post 2, Coleman of the 65th, Reece of the 11th, Casas of the 68th 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 require providers of in-service or continuing education for teachers and other professional personnel to offer such in-service or continuing education online; to provide for treatment by the Professional Standards Commission; and for other purposes.

FRIDAY, MARCH 12, 2004

1775

The following substitute, offered by Representatives Graves of the 10th, Ashe of the 42nd, Post 2 and Coleman of the 65th was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require certain providers of in-service or continuing education for teachers and other professional personnel for certification or recertification to offer some in-service or continuing education online or offer access to an equivalent online; to provide for treatment by the Professional Standards Commission; to provide for use of computers and other electronic or audiovisual equipment at schools for such in-service or continuing education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education requirements for teachers and other professional personnel, by inserting a new subsection to be designated subsection (c) to read as follows:
"(c) As used in this subsection, 'online' means by electronic network or Internet. Each regional education service agency or college or university that offers in-service or continuing education for professional personnel for certification or recertification shall offer some in-service or continuing education online through the Internet or offer access to equivalent in-service or continuing education online so that a teacher or other professional employee can take the training at a location other than the location where the in-service or continuing education is conducted in person. For purposes of certification or recertification, the Professional Standards Commission shall treat inservice or continuing education conducted online as if such in-service or continuing education had been conducted in person. Local units of administration may permit professional personnel to use computers and other electronic equipment available at schools for in-service or continuing education at times before and after normal school hours when other professional duties are not scheduled for the individual."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong Y Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Y Dean Y Deloach Y Dix Y Dodson
Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M E 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 N Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw 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 N Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Brown of the 89th, Lane of the 101st, Mangham of the 62nd and Snow of the 1st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

FRIDAY, MARCH 12, 2004 The following Resolutions of the House were read and adopted:

1777

HR 1571. By Representatives Reece of the 21st, Mills of the 67th, Post 2, Rogers of the 20th and Amerson of the 9th:
A RESOLUTION commending the Flowery Branch High School Lady Falcons basketball team; and for other purposes.

HR 1572. By Representative Oliver of the 56th, Post 2:
A RESOLUTION commending Dr. James Warren Wagner; and for other purposes.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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JOURNAL OF THE HOUSE AFTERNOON SESSION

The Speaker called the House to order.

Representative McBee of the 74th District, Chairman of the Committee on Higher Education, submitted the following report:
Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 712 Do Pass, by Substitute

Respectfully submitted, /s/ McBee of the 74th
Chairman

Representative Cummings of the 19th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 224 Do Pass

Respectfully submitted, /s/ Cummings of the 19th
Chairman

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:

FRIDAY, MARCH 12, 2004

1779

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 149 Do Pass, by Substitute HB 484 Do Pass HB 1183 Do Pass, by Substitute

HB 1673 Do Pass, by Substitute HB 1742 Do Pass

Respectfully submitted, /s/ Jenkins of the 93rd
Chairman

The following Resolutions of the House and Senate were read and adopted:

HR 1582. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2 and Coleman of the 118th:
A RESOLUTION commending Citizens Bank and congratulating it on the occasion of its 100th anniversary; and for other purposes.

HR 1583. By Representatives Snow of the 1st, Sholar of the 141st, Post 1, Williams of the 4th, Roberts of the 131st and Richardson of the 26th:
A RESOLUTION expressing support for the Georgia Fire Service long-range improvement program; and for other purposes.

HR 1584. By Representatives Ehrhart of the 28th, Marin of the 66th and Jenkins of the 93rd:
A RESOLUTION recognizing March 15, 2004, as "Boy Scout Day in Georgia"; and for other purposes.

HR 1585. By Representative Parham of the 94th: A RESOLUTION commending Georgia's Battery D of the 214th Coast

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JOURNAL OF THE HOUSE
Artillery Anti-Aircraft Regiment and recognizing the men who served in its ranks; and for other purposes.

HR 1586. By Representative Warren of the 99th:
A RESOLUTION recognizing and commending Judith Duke upon the occasion of her selection as the 2003-2004 Richmond County Teacher of the Year; and for other purposes.

HR 1587. By Representative Noel of the 44th:
A RESOLUTION remembering and honoring the life of Austin Armstrong and recognizing March 20, 2004, as the Northside Youth Organization's "Austin Armstrong Day"; and for other purposes.

HR 1588. By Representative Buckner of the 82nd:
A RESOLUTION commending Clayton County's 2004 Capitol Art Show artists Bryan Alvarado, T. J. Greer, Alberto Tabizon, and Hang Tran; and for other purposes.

HR 1589. By Representatives Cummings of the 19th, Heath of the 18th, Maxwell of the 27th and Richardson of the 26th:
A RESOLUTION expressing regret at the passing of Ms. Geraldine Edmond Holmes; and for other purposes.

HR 1590. By Representatives Powell of the 23rd, McCall of the 78th and Smith of the 76th:
A RESOLUTION commending and recognizing the Rotary Club of Madison County and congratulating it on the construction of its 200th ramp; and for other purposes.
HR 1591. By Representative Powell of the 23rd:
A RESOLUTION commending Mr. Reginald Looney; and for other purposes.

FRIDAY, MARCH 12, 2004

1781

HR 1592. By Representative Powell of the 23rd: A RESOLUTION commending Jessica Elaine Synan; and for other purposes.

HR 1593. By Representative Powell of the 23rd: A RESOLUTION commending Dr. Angie Josey; and for other purposes.

HR 1594. By Representative Powell of the 23rd: A RESOLUTION commending Suzanne Mize; and for other purposes.

HR 1595. By Representative Powell of the 23rd: A RESOLUTION commending Helen Fleming; and for other purposes.

HR 1596. By Representative Powell of the 23rd: A RESOLUTION commending NeeNee Kay; and for other purposes.

HR 1597. By Representative Powell of the 23rd: A RESOLUTION commending Barbara Rousey; and for other purposes.

HR 1598. By Representative Powell of the 23rd: A RESOLUTION commending Gay Martorell; and for other purposes.

HR 1599. By Representative Powell of the 23rd:
A RESOLUTION commending Michael James Certain; and for other purposes.

HR 1600. By Representative Powell of the 23rd:

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JOURNAL OF THE HOUSE
A RESOLUTION commending Franklin County's Future Farmers of America national championship floriculture team and its advisor; and for other purposes.

HR 1601. By Representative Powell of the 23rd:
A RESOLUTION commending and congratulating Owen Thomason, 2003 Agriscience Teacher of the Year; and for other purposes.

HR 1602. By Representative Powell of the 23rd:
A RESOLUTION commending Mr. Charles Bradshaw; and for other purposes.

HR 1603. By Representative Powell of the 23rd: A RESOLUTION commending Steve Reynolds; and for other purposes.

HR 1604. By Representative Powell of the 23rd:
A RESOLUTION expressing congratulations and best wishes to R.D. Oglesby on the occasion of his 100th birthday; and for other purposes.

HR 1605. By Representative Powell of the 23rd:
A RESOLUTION honoring and remembering the life and civic contributions of Mr. Burroughs Buchanan McCall; and for other purposes.

HR 1606. By Representative Powell of the 23rd:
A RESOLUTION honoring and remembering the life of Mr. Lonnie Hermon Chitwood; and for other purposes.
HR 1607. By Representative Powell of the 23rd: A RESOLUTION expressing regret at the passing of Charles J. Poole; and for other purposes.

FRIDAY, MARCH 12, 2004

1783

HR 1608. By Representative Powell of the 23rd:
A RESOLUTION remembering and honoring the life of William Owen Loftin; and for other purposes.

HR 1609. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of William O. Carter; and for other purposes.

HR 1610. By Representative Powell of the 23rd:
A RESOLUTION honoring Jon David Milford, Sr., and expressing regret at his passing; and for other purposes.

HR 1611. By Representative Powell of the 23rd:
A RESOLUTION honoring the memory of William Carey Milford and expressing regret at his passing; and for other purposes.

HR 1612. By Representative Powell of the 23rd:
A RESOLUTION remembering and honoring the life of Mr. Clay Finn Bell; and for other purposes.

HR 1613. By Representative Powell of the 23rd:
A RESOLUTION in memory of and honoring the life of Mr. James Lewis Adams; and for other purposes.

HR 1614. By Representative Powell of the 23rd:
A RESOLUTION expressing regret at the passing of Mayor Janie Worley; and for other purposes.

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JOURNAL OF THE HOUSE

HR 1615. By Representative Powell of the 23rd:
A RESOLUTION in memory and honoring the life of Captain Calvin C. Dudley, Sr.; and for other purposes.

HR 1616. By Representative Powell of the 23rd:
A RESOLUTION to commend the Franklin County Young Farmers; and for other purposes.

HR 1617. By Representative Powell of the 23rd: A RESOLUTION commending Jamie Robinson; and for other purposes.

HR 1618. By Representatives Murphy of the 14th, Post 2, Knox of the 14th, Post 1, Jones of the 38th, Willard of the 40th, Campbell of the 39th and others:
A RESOLUTION honoring and remembering the life and service of the Honorable Richard S. Gault; and for other purposes.

HR 1619. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Stoner of the 34th, Post 1, Mosley of the 129th, Post 1, Dooley of the 33rd, Post 3 and others:
A RESOLUTION commending Kristen Crisp on winning the Realtor of the Year Award 2003; and for other purposes.

HR 1620. By Representatives Wix of the 33rd, Post 1, Teilhet of the 34th, Post 2, Dooley of the 33rd, Post 3, Parsons of the 29th and Thomas Morgan of the 33rd, Post 2:
A RESOLUTION commending Ms. Betty Gray and recognizing March 23, 2004, as Betty Gray Day; and for other purposes.

HR 1621. By Representative Hudson of the 95th: A RESOLUTION commending the Bank of Hancock County and

FRIDAY, MARCH 12, 2004

1785

congratulating it on the occasion of its 100th anniversary; and for other purposes.

HR 1622. By Representative Mangham of the 62nd:
A RESOLUTION recognizing the Old Pleasant Hill Baptist Church and its schoolhouse restoration project; and for other purposes.

HR 1623. By Representatives Sholar of the 141st, Post 1, Broome of the 141st, Post 2, Coleman of the 118th and Ehrhart of the 28th:
A RESOLUTION recognizing and commending Boy Scout Troop 383; and for other purposes.

HR 1624. By Representatives Maxwell of the 27th and Heath of the 18th:
A RESOLUTION commending the Reverend Dr. Bill L. Patrick, Sr.; and for other purposes.

SR 872. By Senators Collins of the 6th, Lamutt of the 21st, Tanksley of the 32nd, Clay of the 37th and Price of the 56th:
A RESOLUTION honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-130 Hercules and declaring 2004 the "Year of the Hercules"; 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 1304. By Representatives Rogers of the 20th and Reece of the 21st:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for timely payment for goods and services purchased by local boards of education; to amend Chapters 60 and 80 of Title 36 of the Official Code of Georgia Annotated, relating, respectively, to general provisions applicable to municipal corporations, counties, and other governmental entities, so as to

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JOURNAL OF THE HOUSE
provide for timely payment for goods and services purchased by local governments and local authorities; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs
Bordeaux Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Butler Campbell Y Casas Y Chambers Y Channell Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean Deloach Dix
Y Dodson Y Dollar Y Dooley N Douglas Y Drenner
Dukes Y Ehrhart E Elrod
Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson
Hugley Jackson Y James Y Jamieson Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen N Knox Lane Y Lewis Y Lord Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall McClinton Y Millar Y Mills

Mitchell Mobley Y Moraitakis Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Noel Y Oliver, B Y Oliver, M E O'Neal Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Purcell Ralston Randall Ray E Reece, B Y Reece, S Y Rice Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Sailor Y Scott Y Shaw 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
Stanley-Turner Stephens, E Y Stephens, R Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Westmoreland Y White Wilkinson Y Willard Y Williams, A Y Williams, E Williams, R Y Wix Yates Coleman, Speaker

On the passage of the Bill, the ayes were 126, nays 3. The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 12, 2004

1787

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 1444. By Representatives Borders of the 142nd, Orrock of the 51st, Porter of the 119th, Westmoreland of the 86th, Williams of the 4th and others:
A BILL to amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of 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
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 E Bruce Y Buck Y Buckner, D Y Buckner, G
Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson
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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning

Mitchell Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Oliver, M E O'Neal Y Orrock Y Parham Y Parrish Parsons Y Porter Y Powell Y Purcell Y Ralston Randall Y Ray E Reece, B Y Reece, S Y Rice Richardson Y Roberts, J

Y Sholar 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 Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland

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Y Casas Y Chambers Y Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw
Sheldon

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 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 1335. By Representatives Boggs of the 145th, Greene of the 134th, Crawford of the 91st and Walker of the 115th:
A BILL to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that the superior court sentence review panel shall be required to provide an opinion or memorandum of decision when a sentence is reduced; to clarify sentences subject to review; to change certain provisions relating to the crime victims bill of rights concerning certain notifications; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

FRIDAY, MARCH 12, 2004

1789

SECTION 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment for crimes, is amended by striking subsections (c), (d), and (f) of Code Section 17-10-6, relating to the review of certain sentences of incarceration by a threejudge panel, and inserting in lieu thereof new subsections (c), (d), (f), and (g) to read as follows:
"(c) The three-judge panel provided for by this Code section shall have the authority to review sentences upon application of the defendants in such cases. In the review of the sentences, the defendant, the victim, and the district attorney shall have the right to present written argument relative to the sentence imposed and the harshness or justification thereof and shall submit such argument within 20 days of the date the application is docketed with the panel. It shall be the duty of the prosecuting attorney to notify the victim that the defendant has filed an application for sentence review. The prosecuting attorney shall not be required to notify the victim unless the victim has expressed a desire for such notification and has provided the prosecuting attorney with a current address and telephone number. The prosecuting attorneys failure to notify the victim shall not invalidate the decision of the panel. The panel shall consider the victims written statement in its review of the defendants sentence. If, in the opinion of the panel, the sentence imposed by the trial judge is too harsh or severe in light of all of the circumstances surrounding the case and the defendant, and in light of the defendants past history, the panel shall have the authority to issue an order reducing the sentence originally imposed by the trial judge. If the panel reduces a sentence imposed by the trial judge, the panel shall issue an opinion or memorandum of decision stating the facts specially that form the basis for the reduction of the sentence. The panel shall not have the authority, however, to reduce any sentence to probation or to suspend any sentence. The panel shall not be required to file written opinions but shall file a copy of any order or remittitur reducing a sentence with the superior court which originally imposed the sentence The order of the panel, together with the opinion or memorandum of decision and the remittitur, shall be certified by the panel to the trial court under the seal of the panel and shall become effective upon being filed with the trial court. (d) The reduction of a sentence or the refusal to reduce a sentence by the panel shall not be reviewable. The provisions for review of sentences provided by this Code section shall not be deemed to affect the right to appeal or any practices, procedures, or time limitations relative to appeals to appellate courts. A defendant shall not have the right to file more than one application for a review of a sentence, and any order issued by the panel reducing or refusing to reduce any sentence covered by an application shall be binding on the defendant and the superior court which imposed the sentence." "(f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a sentence of life sentence or life without parole is imposed for murder."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 17-17-5, relating

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to notification to victims under the "Crime Victims Bill of Rights," and inserting in lieu thereof the following:
"(a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the accuseds arrest, of the accuseds release from custody, and of any judicial proceeding at which the release of the accused will be considered. All victims, wherever practicable, shall also be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of the defendants application for sentence review. The prosecuting attorney shall not be required to notify the victim of the defendants application for sentence review unless the victim has expressed a desire for such notification. No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed."
SECTION 3. This Act shall become effective on July 1, 2004, and shall apply to all applications for sentence review pending on July 1, 2004, and to all applications for sentence review filed on and after July 1, 2004.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner
Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox

Y Mitchell Mobley
Y Moraitakis Y Morris
Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M E O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell

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 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 E Coleman, B Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 12, 2004

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 E Hill, C

Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox N Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

1791
Thomas Morgan N Thomas, A.M Y Thompson 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1297. By Representatives Thompson of the 69th, Post 1, Dooley of the 33rd, Post 3 and Warren of the 99th:
A BILL to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide a short title; to change the definition of a certain term; to provide for a rebuttable presumption that certain conditions contracted by firefighters were contracted in the line of duty; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide a short title; to change the definition of a certain term; to provide for a rebuttable presumption that certain conditions contracted by firefighters were contracted in the line of duty; to provide for exceptions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Stevenson-Gibson Act."
SECTION 2. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by striking in its entirety paragraph (7) and inserting in lieu thereof the following:
"(7) 'Permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or (E) Organic brain damage resulting from direct physical trauma incurred after January 1, 1973, which so affects the mental capacity as to preclude ability to function productively in any employment; or (F) With respect to a firefighter who has been engaged either as a volunteer or an employee by a governmental entity for an aggregate of at least five years, the inability to perform normal duties as a firefighter because of pulmonary injury, lung disease, or hepatitis. For purposes of this paragraph, there shall be a rebuttable presumption that any of the enumerated conditions were contracted in the line of duty; provided, however, that if the disabled firefighter used any tobacco product within five years of the onset of the disability or if the condition existed at the time he or she first became employed, there shall be no such rebuttable presumption."
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 Dix
Y Dodson Y Dollar

Y Hill, C.A Y Hill, V Y Hines
Holmes Y Houston Y Howard

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L

FRIDAY, MARCH 12, 2004

Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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 E Coleman, B Y Cooper Y Crawford Y Cummings

Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin
Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M E 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
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

1793
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 Morgan Y Thomas, A.M Y Thompson 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1559. By Representatives Floyd of the 69th, Post 2, Greene of the 134th, Dollar of the 31st and Marin of the 66th:
A BILL to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and service delivery by counties and municipalities, so as to exempt sheriffs, clerks of the superior courts, judges of the probate courts, and tax commissioners from the definition of the term "local government"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe Y Bannister Y Barnard Y Barnes Y Beasley-Teague N Benfield Y Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter N Burmeister Y Butler N Campbell N Casas N Chambers Y Channell Y Childers
Coan E Coleman, B Y Cooper Y Crawford Y Cummings

Y Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas N Drenner Y Dukes Y Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J N Fludd Y Forster Y Franklin
Gardner Y Golick Y Graves, D N Graves, T Y Greene N Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell Y Heard, J Y Heard, K Y Heath N Heckstall Y Hembree N Henson E Hill, C

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, C Y Jenkins, C.F N Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton N Millar Y Mills

N Mitchell N Mobley N Moraitakis Y Morris N Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B N Oliver, M E O'Neal N Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston N Randall Y Ray E Reece, B Y Reece, S N Rice Y Richardson Y Roberts, J Y Roberts, L N Rogers, C Y Rogers, Ch. E Royal Y Rynders
Sailor Y Scott Y Shaw N Sheldon

Y Sholar Y Sims N Sinkfield Y 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 Y Stephenson N Stokes Y Stoner Y Teilhet N Teper Y Thomas Morgan N Thomas, A.M Y Thompson Y Walker, L N Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, R
Wix N Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 114, nays 49. The Bill, having received the requisite constitutional majority, was passed.

Representative Buck of the 112th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:

FRIDAY, MARCH 12, 2004

1795

Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1181 Do Pass, by Substitute HB 1751 Do Pass

Respectfully submitted, /s/ Buck of the 112th
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1626 Do Pass, by Substitute

Respectfully submitted, /s/ Holmes of the 48th, Post 1
Chairman

Representative Parham of the 94th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 205 Do Pass, by Substitute HB 1286 Do Pass, by Substitute

HB 1294 Do Pass, by Substitute HB 1743 Do Pass, by Substitute

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JOURNAL OF THE HOUSE
Respectfully submitted, /s/ Parham of the 94th
Chairman

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1627. By Representatives Buckner of the 82nd, Lucas of the 105th and Randall of the 107th:
A RESOLUTION commending the Macon Bears and Clayton Eagles wheelchair basketball teams and inviting the teams and their coaches to appear at the Georgia state capitol; 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 1327. By Representatives Brooks of the 47th, Massey of the 24th, Smyre of the 111th, Buck of the 112th, Hugley of the 113th and others:
A BILL to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement

FRIDAY, MARCH 12, 2004

1797

officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, is amended by inserting at the end thereof a new Code Section 40-1-8 to read as follows:
"40-1-8. (a) Law enforcement officers shall not use a persons race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a persons race or ethnicity to confirm a previously obtained description of a suspect.
(b)(1) Each state and local law enforcement agency shall adopt a policy and implement an annual training program regarding racial profiling that provides and instructs that a law enforcement officer shall not use a persons race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a persons race or ethnicity to confirm a previously obtained description of a suspect. (2) Except in instances where a vehicle is stopped in a fixed road block, each time a state or local law enforcement officer stops a motor vehicle to issue a citation or to make an arrest, that officer shall document the following information in a public record whose format shall be determined by the Department of Motor Vehicle Safety:
(A) The gender of the driver; (B) The race or ethnicity of the driver; (C) The suspected violation that led to the stop; (D) Whether the vehicle, personal effects, driver, or any passenger was searched and, if any passenger or his or her effects were searched, the passengers gender and the passengers race or ethnicity; (E) Whether a search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the approximate duration of the search and the basis for the request for consent or the circumstances establishing probable cause or reasonable suspicion; (F) Whether contraband was found, the type and approximate amount of contraband, and whether contraband was seized; (G) Whether any arrest, citation, or any oral or written warning was issued as a result of the stop; (H) Whether the officer making the stop encountered any physical resistance, whether the officer engaged in the use of force, and whether injuries resulted; (I) Whether the circumstances surrounding the stop were the subject of any investigation and the results of that investigation; and (J) The location of the stop.

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(3) If a law enforcement officer stops a motor vehicle and no citation or written warning is issued to the motorist, then the officer shall provide the motorist with a card showing the officers name, badge number, and the name of the officers law enforcement agency. (4) Law enforcement agencies shall maintain the data required to be collected under paragraph (2) of this subsection for not less than seven years. (5) As part of its personnel review or evaluation procedures provisions, each law enforcement agency shall include complaints filed and other information designed to evaluate whether or not each law enforcement officer employed by such agency is complying with the provisions of paragraph (2) of this subsection. Any officer found not to be complying with the provisions of paragraph (2) of this subsection shall be required to undergo further training that meets the requirements of paragraph (1) of this subsection. (6) Nothing in this Code section shall be construed to alter the requirements for determining probable cause or reasonable suspicion under the Constitution of the United States or the Constitution of the State of Georgia."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Snow of the 1st et al. move to amend the Committee substitute to HB 1327 as follows:
Page 1: -Line 17 change "shall" to "may"
-Line 24 change "shall" to "may"
Page 2: -Line 22 change "shall" to "may"
- Line 25 change "shall" to "may"
-Line 28 change "shall" to "may".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

FRIDAY, MARCH 12, 2004

Y Amerson N Anderson N Ashe Y Bannister
Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers E Channell N Childers Y Coan E Coleman, B Y Cooper N Crawford N Cummings

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson E Hanner Y Harbin Y Harper N Harrell N Heard, J N Heard, K N Heath N Heckstall Y Hembree N Henson E Hill, C

N Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C Y Jenkins, C.F
Jones N Jordan N Joyce E Keen Y Knox
Lane Y Lewis N Lord
Lucas Lunsford N Maddox N Mangham Y Manning N Marin Y Martin N Massey Y Maxwell N McBee E McCall N McClinton N Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J
Murphy, Q N Noel
Oliver, B Oliver, M E O'Neal N Orrock Parham E Parrish Y Parsons N Porter Y Powell N Purcell Y Ralston N 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. E Royal Y Rynders Sailor N Scott E Shaw Y Sheldon

On the adoption of the amendment, the ayes were 57, nays 93. The amendment was lost.

1799
N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner
Stephens, E Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren Watson Y Westmoreland Y White N Wilkinson E Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates Coleman, Speaker

The following amendment was read:

Representative Scott of the 138th moves to amend the Committee substitute to HB 1327 as follows:
Strike lines 22 of Page 1 through line 18 page 2

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JOURNAL OF THE HOUSE

Strike lines 22 and 23 of page 2 Change 2 to 1 page 2 lines 27 and 28 Renumber sections 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 E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers E Channell N Childers Y Coan E Coleman, B Y Cooper N Crawford N Cummings

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd
Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson E Hanner Y Harbin Y Harper N Harrell N Heard, J N Heard, K Y Heath N Heckstall Y Hembree N Henson E 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, C N Jenkins, C.F
Jones N Jordan N Joyce E Keen N Knox
Lane Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham N Manning N Marin Y Martin N Massey Y Maxwell N McBee E McCall N McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel
Oliver, B N Oliver, M E O'Neal N Orrock
Parham E Parrish Y Parsons N Porter Y Powell N Purcell Y Ralston N Randall N Ray E Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. E Royal Y Rynders
Sailor Y Scott E Shaw Y Sheldon

N Sholar Sims
N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson Y Westmoreland Y White N Wilkinson E Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 55, nays 98. The amendment was lost.

FRIDAY, MARCH 12, 2004

1801

Due to a mechanical malfunction, the vote of Representative Sims of the 130th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representatives Joyce of the 2nd and Parsons of the 29th move to amend the Committee substitute to HB 1327 as follows:
Page 1 line 17 after "policy" strike "and implement an annual training program".

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 E Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers E Channell N Childers Y Coan E Coleman, B Y Cooper

Y Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes Y Ehrhart E Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd
Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson E Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath N Heckstall Y Hembree

N Hill, C.A N Hill, V Y Hines
Holmes N Houston
Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F
Jones N Jordan
Joyce E Keen Y Knox
Lane Y Lewis N Lord
Lucas Y Lunsford N Maddox N Mangham N Manning N Marin N Martin N Massey Y Maxwell N McBee E McCall N McClinton

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel
Oliver, B N Oliver, M E O'Neal N Orrock
Parham E Parrish Y Parsons N Porter Y Powell N Purcell Y Ralston N Randall N Ray E Reece, B
Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. E Royal Y Rynders
Sailor Y Scott

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E
Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L N Warren N Watson N Westmoreland Y White N Wilkinson E Willard N Williams, A N Williams, E Y Williams, R N Wix

1802
N Crawford Y Cummings

JOURNAL OF THE HOUSE

N Henson E Hill, C

Y Millar Y Mills

E Shaw Y Sheldon

On the adoption of the amendment, the ayes were 55, nays 96. The amendment was lost.

Y Yates Coleman, Speaker

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N Bannister
Barnard Y Barnes Y Beasley-Teague
Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers E Channell Y Childers Y Coan E Coleman, B

Y Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner Y Dukes N Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin Y Gardner Y Golick N Graves, D N Graves, T Y Greene Y Greene-Johnson E Hanner N Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath Y Heckstall

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, C Y Jenkins, C.F
Jones Y Jordan Y Joyce E Keen Y Knox
Lane N Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin N Martin Y Massey N Maxwell Y McBee E McCall

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M E O'Neal Y Orrock
Parham E Parrish N Parsons Y Porter
Powell Y Purcell N Ralston Y Randall Y Ray E Reece, B
Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. E Royal
Rynders Sailor

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, L
Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, R

Y Cooper Y Crawford Y Cummings

FRIDAY, MARCH 12, 2004

N Hembree Y Henson E Hill, C

Y McClinton Y Millar N Mills

N Scott E Shaw Y Sheldon

1803
Y Wix N Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 116, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1410. By Representatives Hembree of the 46th, Richardson of the 26th, Mills of the 67th, Post 2, Borders of the 142nd, Sims of the 130th and others:
A BILL to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux
Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D
Buckner, G Y Bunn Y Burkhalter Y Burmeister

Y Day Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes Y Ehrhart E Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster
Franklin Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

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, C Y Jenkins, C.F Y Jones Y Jordan
Joyce E Keen Y Knox
Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox

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 E O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Y Reece, S Y Rice

Y 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
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren

1804
Y Butler E Campbell Y Casas Y Chambers E Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

E Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Mangham Y Manning Y Marin Y Martin Y Massey
Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. E Royal Y Rynders
Sailor Y Scott E Shaw Y Sheldon

Y Watson Y Westmoreland Y White Y Wilkinson E 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 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 656. By Representatives Chambers of the 53rd, Ehrhart of the 28th, Oliver of the 56th, Post 2, Jamieson of the 22nd, Moraitakis of the 42nd, Post 4 and others:
A BILL to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person other than a person with whom the consumer already has a business relationship makes an inquiry concerning the consumer's file with such agency; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies notify consumers when a person responds by mail to an unsolicited application for credit and provides an address that is different from the address to which such solicitation was mailed; to provide for the manner of notification; to provide for the payment of the cost of such notifications; to provide an exception; 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:

FRIDAY, MARCH 12, 2004

1805

SECTION 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking paragraph (29) of subsection (b) and inserting in lieu thereof a new paragraph (29) to read as follows:
"(29) With respect to any consumer reporting agency: (A) Any person who knowingly and willfully obtains information relative to a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor; (B) Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agencys files to a person not authorized to receive that information shall be guilty of a misdemeanor; and (C) Each consumer reporting agency which compiles and maintains files on consumers on a nation-wide basis shall furnish to any consumer who has provided appropriate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge; and (D)(i) Each credit grantor must notify, within 30 days of such credit inquiry, all consumers who respond by mail to unsolicited applications of credit when such application has an address that is different than the address to which such solicitation has been mailed. Notification shall be mailed to the original address only and not to the new address. The cost of such notification shall be borne by the credit grantor and may be charged to the borrower in the credit application fee only if notification is provided. (ii) Notification shall not be required if the consumer has a current business relationship with the credit grantor, provided that the address change has been verified by the credit grantor. As used in this subparagraph, the term 'business relationship' means information contained in the files maintained by the credit grantor on the consumer that shows the consumer has an existing or former account with the credit grantor;".
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 Day Y Dean Y Deloach
Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mitchell Mobley
Y Moraitakis Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

1806

JOURNAL OF THE HOUSE

Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler E Campbell Y Casas Y Chambers E Channell Y Childers Y Coan E Coleman, B Y Cooper Y Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart E Elrod Y Epps
Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson E Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson E Hill, C

Y Houston Y Howard
Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce E Keen Y Knox
Lane Y Lewis
Lord Lucas Y Lunsford Y Maddox Mangham Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee E McCall Y McClinton Y Millar Y Mills

Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Oliver, B Y Oliver, M E O'Neal Orrock Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray E Reece, B Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. E Royal Y Rynders Sailor Y Scott E Shaw Y Sheldon

Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L Y Warren Y Watson Y Westmoreland Y White Y Wilkinson E 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 140, nays 0.
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.

HR 1373. 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.

FRIDAY, MARCH 12, 2004

1807

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 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1123. By Representatives Williams of the 128th, Smith of the 129th, Post 2, Stephens of the 124th, Post 2 and Mosley of the 129th, Post 1:
A BILL to amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish the initial contract of employment of a local school superintendent and any amendments to the contract; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, so as to provide that local school systems publish a report or summary of the initial contract of employment of a local school superintendent and any amendments to the contract; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of county school superintendents, is amended by adding a new subsection (g) to the end thereof to read as follows:
"(g) Each local school system shall cause to be published in the legal organ of the county which is the legal situs of such local unit a report or summary of any initial contract, reissued contract, or amendment thereto between the local school system and the local school superintendent. Such report or summary shall include, at a minimum, the terms of the agreement as to financial compensation and benefits and shall be published no later than ten days after execution of such contract or amendment."

1808

JOURNAL OF THE HOUSE

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Maxwell of the 27th moves to amend HB 1123 as follows: Line 11 - change shall to may.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe
Bannister Barnard N Barnes N Beasley-Teague N Benfield N Birdsong E Black Boggs N Bordeaux Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce Buck N Buckner, D N Buckner, G Bunn Burkhalter Y Burmeister Y Butler E Campbell Casas Y Chambers E Channell N Childers Y Coan E Coleman, B Y Cooper Y Crawford N Cummings

Y Day N Dean
Deloach N Dix N Dodson Y Dollar N Dooley
Douglas N Drenner
Dukes Ehrhart E Elrod N Epps Y Fleming Floyd, H N Floyd, J N Fludd Y Forster Franklin Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson E Hanner Y Harbin Y Harper N Harrell Heard, J N Heard, K Y Heath Heckstall Y Hembree N Henson E Hill, C

Y Hill, C.A Hill, V
Y Hines Holmes
N Houston N Howard N Howell N Hudson N Hugley N Jackson N James N Jamieson
Jenkins, C N Jenkins, C.F Y Jones N Jordan
Joyce E Keen
Knox Lane Y Lewis N Lord Lucas Y Lunsford N Maddox Mangham Y Manning N Marin Martin Y Massey Y Maxwell McBee E McCall N McClinton Y Millar Y Mills

N Mitchell Mobley
N Moraitakis N Morris N Mosby
Mosley Y Murphy, J N Murphy, Q N Noel
Oliver, B N Oliver, M E O'Neal N Orrock
Parham N Parrish
Parsons N Porter N Powell N Purcell Y Ralston N Randall Y Ray E Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. E Royal Y Rynders
Sailor Y Scott E Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L
Smith, P Smith, T Y Smith, V N Smyre Y Snow N Stanley-Turner N Stephens, E Stephens, R N Stephenson N Stokes N Stoner Y Teilhet N Teper N Thomas Morgan N Thomas, A.M Thompson N Walker, L Walker, R.L N Warren Watson Y Westmoreland Y White Wilkinson E Willard N Williams, A N Williams, E Williams, R Wix Y Yates Coleman, Speaker

FRIDAY, MARCH 12, 2004 On the adoption of the amendment, the ayes were 50, nays 72. The amendment was lost.

1809

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong E Black Boggs Y Bordeaux Borders Y Bridges N Brock Y Brooks Y Broome N Brown E Bruce Buck Y Buckner, D Y Buckner, G Y Bunn Burkhalter N Burmeister N Butler E Campbell Casas Y Chambers E Channell Y Childers N Coan E Coleman, B N Cooper N Crawford Y Cummings

Y Day Y Dean
Deloach Y Dix Y Dodson N Dollar Y Dooley
Douglas Y Drenner
Dukes Ehrhart E Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster Franklin Gardner Y Golick Y Graves, D N Graves, T Y Greene Y Greene-Johnson E Hanner Y Harbin Y Harper Y Harrell Heard, J Y Heard, K N Heath Y Heckstall Y Hembree Y Henson E Hill, C

Hill, C.A Hill, V N Hines Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley Y Jackson Y James Y Jamieson Jenkins, C Y Jenkins, C.F N Jones Y Jordan Joyce E Keen Knox Lane N Lewis Y Lord Lucas N Lunsford Y Maddox Mangham Y Manning Y Marin Y Martin Y Massey N Maxwell Y McBee E McCall Y McClinton N Millar N Mills

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby
Mosley N Murphy, J Y Murphy, Q Y Noel
Oliver, B Y Oliver, M E O'Neal Y Orrock
Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall N Ray E Reece, B
Reece, S N Rice N Richardson Y Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. E Royal N Rynders Y Sailor N Scott E Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L
Smith, P Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Stephens, R Y Stephenson Y Stokes Y Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Thompson Y Walker, L Walker, R.L Y Warren Y Watson N Westmoreland N White Y Wilkinson E Willard Y Williams, A Y Williams, E Williams, R Wix N Yates Coleman, Speaker

1810

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 92, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Richardson of the 26th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1123.

By unanimous consent, HB 810 having been previously postponed, was again postponed until the next legislative day.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

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.

Representative Mitchell of the 61st, Post 3 moved that the House insist on its position in amending SB 24.
The motion prevailed.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:

FRIDAY, MARCH 12, 2004

1811

HB 1790. By Representatives Parrish of the 102nd, Royal of the 140th, Channell of the 77th, Buck of the 112th, Childers of the 13th, Post 1 and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

3/11/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1790. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Parrish District 102

Referred to the Committee on Rules.

HB 1791. By Representatives Parrish of the 102nd, Boggs of the 145th, Dodson of the 84th, Post 1, Walker of the 115th, Childers of the 13th, Post 1 and others:
A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

3/11/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1791. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Parrish District 102

1812

JOURNAL OF THE HOUSE

Referred to the Committee on Rules.

HB 1793. By Representative Childers of the 13th, Post 1:
A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes.

3/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HB 1793. This notice is made prior to or upon reading the Bill the first time.
/s/ Representative Childers District 13, Post 1

Referred to the Committee on Health & Human Services.

HR 1626. By Representatives Day of the 126th, Benfield of the 56th, Post 1, Walker of the 115th, Harrell of the 54th, Willard of the 40th and others:
A RESOLUTION creating the Joint Legislative and Congressional Redistricting Study Committee; and for other purposes.

Referred to the Committee on Legislative & Congressional Reapportionment.

HR 1628. By Representatives Ralston of the 6th and Lewis of the 12th:
A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.

FRIDAY, MARCH 12, 2004

1813

3/12/2004
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross HR 1628. This notice is made prior to or upon reading the Resolution the first time.
/s/ Representative Ralston District 6

Referred to the Committee on Transportation.

Representative Jenkins of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 11 Do Pass, by Substitute HB 1561 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., Monday, March 15, 2004.

1814

JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia
Monday, March 15, 2004

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Amerson Bannister Barnard Barnes Beasley-Teague Benfield Black Boggs Bordeaux Bridges Brock Brooks Broome Brown E Bruce Buck Buckner, D Buckner, G Bunn Burkhalter Burmeister Campbell Casas Chambers Channell Childers Coan Coleman, B Cooper Crawford Cummings

Day Deloach Dodson Dooley E Douglas Drenner E Dukes Ehrhart E Elrod Fleming Floyd, H Floyd, J Fludd Forster Gardner Graves, D Graves, T Greene Hanner Harbin Harper Harrell Heard, J Heard, K Heath Hembree Hill, C Hill, C.A Hill, V Hines Houston

Howell Hudson Hugley E Jackson James Jamieson Jenkins, C Jenkins, C.F Jones Jordan Joyce Knox Lewis Lord Lunsford Maddox Mangham Manning Marin Martin Massey Maxwell McBee McCall Millar Mills Mitchell Mobley Moraitakis Morris Mosby

Mosley Murphy, J Murphy, Q Noel E Oliver, B Oliver, M O'Neal Orrock Parham Parrish Parsons Porter Powell Purcell Randall Reece, B Reece, S Rice Roberts, J Roberts, L Rogers, C Rogers, Ch. Royal Rynders Scott Shaw Sheldon Sholar Sims Sinkfield

Skipper Smith, B Smith, L Smith, P Smith, T Smith, V Smyre Snow Stanley-Turner Stephens, E Stephens, R Stephenson Stokes Stoner Teilhet Teper Thomas Morgan Walker, L Walker, R.L E Warren Watson Westmoreland White Wilkinson Willard Williams, A Williams, E 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; Ashe of the 42nd, Post 2; Birdsong of the 104th; Butler of the 88th, Post 1; Dean of the 49th; Dollar of the 31st; Epps of the 90th; Franklin of the 17th; Golick of the 34th, Post 3; Greene-Johnson of the 60th, Post 3; Heckstall of the 48th, Post 3; Henson of the 55th; Holmes of the 48th, Post 1; Howard of the 98th; Keen of the 146th; Lucas of the 105th; McClinton of the 59th, Post 1; Ralston

MONDAY, MARCH 15, 2004

1815

of the 6th; Sailor of the 61st, Post 1; Thomas of the 43rd, Post 1; Thompson of the 69th, Post 1; and Yates of the 85th, Post 1.
They wish to be recorded as present.

Prayer was offered by the Reverend Portia Wills Lee, Pastor, Trinity African Baptist Church, Mableton, Georgia.

The members pledged allegiance to the flag.

Representative Noel of the 44th, Secretary of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following communication was received:

House of Representatives Legislative Office Building, Room 512
Atlanta, Georgia 30334

1816 March 15, 2004

JOURNAL OF THE HOUSE

The Honorable Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Robbie:
After a few weeks of stressful family issues, my wife Diane has been hospitalized and will undergo heart procedures today at 3:15 pm. Therefore, I will not be present in the House Chamber on today. I will be where I should be -- with my wife. Should she do well, I will return on Wednesday, March 17, 2004. I will keep you abreast as the situation progresses.
Sincerely,
/s/ Pete Warren State Representative, District 99
PW:lj

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

HB 1776. By Representatives Parsons of the 29th, Stoner of the 34th, Post 1, Wilkinson of the 41st, Franklin of the 17th, Wix of the 33rd, Post 1 and others:
A BILL to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1777. By Representatives Oliver of the 121st, Post 2 and Barnard of the 121st, Post 1:

MONDAY, MARCH 15, 2004

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A BILL to create the Jeff Davis County Public Facilities Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1778. By Representative Stephens of the 123rd:
A BILL to provide a new charter for the City of Pooler; to provide for incorporation, boundaries, and powers of the city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1779. By Representatives Millar of the 52nd, McClinton of the 59th, Post 1, Drenner of the 57th, Chambers of the 53rd, Williams of the 61st, Post 2 and others:
A BILL to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, so as to withdraw the authority of the chief executive officer and the members of the board of commissioners of DeKalb County to fix the salary, compensation, expenses, and expenses in the nature of compensation paid to the chief executive officer and the members of such board of commissions; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1780. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1781. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act reincorporating the City of Guyton in the County of Effingham, so as to annex certain territory into the city and change the corporate limits of the city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1782. 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 City of Dalton independent school district ad valorem taxes for educational purposes in the amount of $150,000.00 of the assessed value of the homestead for 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 1783. 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 for a homestead exemption from City of Dalton ad valorem taxes for municipal purposes in the amount of $150,000.00 of the assessed value of the homestead for residents of that city who are 70 years of age or over; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1784. By Representatives Porter of the 119th and Coleman of the 118th:
A BILL to amend an Act providing a charter for the City of East Dublin, so as to change the corporate limits of the city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 15, 2004

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HB 1785. By Representative Royal of the 140th:
A BILL to amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to exempt licensed pharmacists and their licensed agents, practicing under a home health agency or home infusion agency, who administer injectable medications in a patient's home from certificate of need requirements; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 1786. By Representatives Lucas of the 105th, Randall of the 107th and Graves of the 106th:
A BILL to provide for the creation of one or more community improvement districts in the City of Macon; to provide for the purposes of said district or districts; to provide for definitions; to provide for a board to administer said district or districts; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1787. By Representatives Harbin of the 80th and Fleming of the 79th:
A BILL to amend an Act to provide for the election of the members of the board of education of Columbia County, so as to provide for the holding of a nonbinding referendum in the Columbia County School District in conjunction with the 2004 General Election on the question of whether the chairperson of the Columbia County Board of Education should be elected by the voters of the entire Columbia County School District; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1788. By Representatives Birdsong of the 104th, Parham of the 94th, Jenkins of the 93rd and Lucas of the 105th:

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A BILL to amend an Act creating a new charter for the City of Gray, so as to change the corporate limits of that city; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1789. By Representatives Hanner of the 133rd and Rynders of the 137th:
A BILL to create the Lee County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate golf courses and associated facilities and athletic and recreational centers, facilities, and areas; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1792. By Representative Snow of the 1st:
A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 1576. By Representatives Ashe of the 42nd, Post 2, Gardner of the 42nd, Post 3, Moraitakis of the 42nd, Post 4 and Teper of the 42nd, Post 1:
A RESOLUTION creating the House Atlanta-Fulton County Local Government Restructuring Study Committee; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 15, 2004

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HR 1577. By Representatives Brown of the 89th, Epps of the 90th and Smith of the 110th:
A RESOLUTION urging the members of the board of commissioners of Troup County and the Troup County Board of Education to bring to an amicable close their dispute concerning the collection of ad valorem taxes; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

HR 1578. By Representative Jamieson of the 22nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for maximum teacher-student ratios for kindergarten and grades one through three in public schools; and for other purposes.

Referred to the Committee on Education.

HR 1579. By Representatives Hudson of the 95th, Porter of the 119th, Douglas of the 73rd, Drenner of the 57th, Hanner of the 133rd and others:
A RESOLUTION creating the House Solid Waste Management Study Committee; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 1580. By Representatives Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Henson of the 55th, Thomas of the 43rd, Post 1, Childers of the 13th, Post 1 and others:
A RESOLUTION creating the House Study Committee on Adult and Childhood Obesity and Prevention; and for other purposes.

Referred to the Committee on Rules.

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HR 1581. By Representative Snow of the 1st:
A RESOLUTION creating the House Study Committee on Carbon Monoxide Poisoning; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 1629. By Representatives Noel of the 44th, Smith of the 13th, Post 2, Murphy of the 97th, Dollar of the 31st and Harrell of the 54th:
A RESOLUTION creating the Joint Study Committee on Truck Safety on the Highways; 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 1752 HB 1753 HB 1754 HB 1755 HB 1756 HB 1757 HB 1762 HB 1763 HB 1764 HB 1765 HB 1766 HB 1767 HB 1768 HB 1769 HB 1770 HB 1771 HB 1772 HB 1773

HB 1774 HB 1775 HB 1790 HB 1791 HB 1793 HR 1569 HR 1626 HR 1628 SB 297 SB 424 SB 512 SB 514 SB 515 SB 542 SB 551 SR 802 SR 829

MONDAY, MARCH 15, 2004

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Pursuant to Rule 52, Representative Parrish of the 102nd moved that the following Bill of the House be engrossed:

HB 1775. By Representatives Parrish of the 102nd, Royal of the 140th, Teper of the 42nd, Post 1, Wix of the 33rd, Post 1, Stephens of the 123rd and others:
A BILL to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for certain motion picture production investments; and for other purposes.

The motion prevailed.

Pursuant to Rule 52, Representative Parrish of the 102nd moved that the following Bill of the House be engrossed:

HB 1790. By Representatives Parrish of the 102nd, Royal of the 140th, Channell of the 77th, Buck of the 112th, Childers of the 13th, Post 1 and others:

A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe
Bannister Y Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black Boggs Y Bordeaux Y Borders Bridges N Brock Y Brooks Y Broome

E Day Dean
Y Deloach Dix
Y Dodson N Dollar N Dooley E Douglas Y Drenner E Dukes N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley E Jackson
James Y Jamieson
Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce

Mitchell Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter

Sholar Y Sims
Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T N Smith, V
Smyre Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Stephenson Y Stokes Stoner

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N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B
Cooper Crawford Y Cummings

JOURNAL OF THE HOUSE

N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner N Harbin
Harper Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox N Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall
McClinton N Millar N Mills

Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S Y Rice N Richardson N Roberts, J
Roberts, L Rogers, C Rogers, Ch. Y Royal N Rynders Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 80, nays 55. The motion was lost.

Y Teilhet Y Teper
Thomas Morgan Thomas, A.M Thompson Y Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Parrish of the 102nd moved that the following Bill of the House be engrossed:

HB 1791. By Representatives Parrish of the 102nd, Boggs of the 145th, Dodson of the 84th, Post 1, Walker of the 115th, Childers of the 13th, Post 1 and others:

A BILL to amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, so as to change certain provisions regarding joint trespassers; to change certain provisions regarding apportionment of damages; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black

E Day Dean
Y Deloach Dix
Y Dodson N Dollar Y Dooley E Douglas Y Drenner E Dukes

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley E Jackson

Y Mitchell Mobley
Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B

Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B
Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre

Boggs Y Bordeaux Y Borders
Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers
Coan N Coleman, B N Cooper
Crawford Y Cummings

MONDAY, MARCH 15, 2004

N Ehrhart N Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick N Graves, D N Graves, T Y Greene
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 James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox N Mangham N Manning
Marin Martin N Massey N Maxwell Y McBee Y McCall McClinton N Millar N Mills

Y Oliver, M 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 N Reece, S Y Rice N Richardson N Roberts, J
Roberts, L Rogers, C Rogers, Ch. Y Royal N Rynders Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 88, nays 55. The motion was lost.

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Y Snow Y Stanley-Turner Y Stephens, E
Stephens, R Stephenson Y Stokes Stoner Y Teilhet Y Teper Y Thomas Morgan Thomas, A.M Y Thompson Y Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates Coleman, Speaker

Pursuant to Rule 52, Representative Childers of the 13th, Post 1 moved that the following Bill of the House be engrossed:

HB 1793. By Representative Childers of the 13th, Post 1:

A BILL to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Amerson Y Anderson Y Ashe N Bannister

E Day Y Dean Y Deloach
Dix

N Hill, C.A N Hill, V N Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims
Sinkfield Y Skipper

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JOURNAL OF THE HOUSE

Y Barnard Barnes Beasley-Teague
Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B
Cooper Y Crawford Y Cummings

Dodson N Dollar Y Dooley E Douglas Y Drenner E Dukes
Ehrhart N Elrod Y Epps
Fleming Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner Golick Graves, D N Graves, T Y Greene Greene-Johnson Y Hanner N Harbin N Harper Y Harrell N Heard, J Y Heard, K N Heath Y Heckstall N Hembree Y Henson N Hill, C

Y Houston Howard
Y Howell Hudson
Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham
Manning Y Marin N Martin Y Massey
Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall
Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Rogers, C Rogers, Ch. Y Royal N Rynders Sailor N Scott Y Shaw N Sheldon

On the motion the ayes were 91, nays 51. The motion prevailed.

Y Smith, B 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 N Teper Y Thomas Morgan
Thomas, A.M Y Thompson Y Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates
Coleman, Speaker

Pursuant to Rule 52, Representative Ralston of the 6th moved that the following Resolution of the House be engrossed:

HR 1628. By Representatives Ralston of the 6th and Lewis of the 12th:
A RESOLUTION designating the intersection of State Highway 515 and State Highway 53 as "Disabled American Veterans Intersection"; and for other purposes.

MONDAY, MARCH 15, 2004 The motion prevailed.

1827

Pursuant to Rule 52, Representative Butler of the 88th, Post 1 moved that the following Resolution of the Senate be engrossed:

SR 829. By Senators Hamrick of the 30th and Dean of the 31st:
A RESOLUTION designating the Billy Jiles Memorial Highway; and for other purposes.

The motion prevailed.

Representative Smyre of the 111th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1568 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

Representative Smith of the 129th District, Post 2, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

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HB 1666 Do Pass HB 1667 Do Pass HB 1705 Do Pass HB 1715 Do Pass HB 1716 Do Pass HB 1718 Do Pass HB 1719 Do Pass HB 1721 Do Pass

JOURNAL OF THE HOUSE
HB 1734 Do Pass HB 1735 Do Pass HB 1736 Do Pass HB 1738 Do Pass HB 1747 Do Pass HB 1748 Do Pass SB 386 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, MARCH 15, 2004

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:

HB 539 HB 560 HB 607 HB 869 HB 918 HB 935 HB 1003 HB 1011 HB 1022 HB 1048
HB 1181 HB 1182 HB 1215 HB 1274

Individual deferred annuities; nonforfeiture rate; sunset Motor vehicles; certificates of title; payment of sales tax Employees' Retirement; group term life insurance; definition Civil filings and criminal fines; additional charges; repeal certain charges Bonds and recognizances; remove court's discretion for certain persons Advisory committee on seniors and prescription drug costs; establish Residential and General Contractors, State Licensing Board; create HOPE scholarships; eligibility; schools with certain accreditation Trains; operation, whistles, lights; remove certain provisions Education; required courses in history and government; State Board prescribe General appropriations; FY 2004-2005 Work release programs; felony sentences; provisions Appeals; certain decisions; exempt zoning and land use cases Drivers' licenses; suspension; certain time period

MONDAY, MARCH 15, 2004

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HB 1318 HB 1325 HB 1406 HB 1451 HB 1499 HB 1520 HB 1547 HB 1608 HB 1714 HB 1720 HR 1343

Indigent defense; Public Defenders Standards Council; members HOPE scholarships; eligibility; amend provisions Education; core curriculum; conform to national standards Premarital counseling; financial incentive; marriage licenses Motor vehicle insurance; advance payment requirements Tax sales; notice period; redemption amount Student Finance Authority; editorial changes; certain definitions Hunting and fishing; honorary licenses; disability certification Service delivery; funding; comprehensive provisions Ambulance services; reimbursement for Medicaid recipients and indigents U.S. Constitution; prior calls for convention to amend; rescind and repeal

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 1666. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray 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 1667. By Representatives Brock of the 5th, White of the 3rd, Post 2 and Forster of the 3rd, Post 1:
A BILL to provide for a homestead exemption from Murray County School District ad valorem taxes for educational purposes in an amount equal to the

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JOURNAL OF THE HOUSE
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 1705. By Representative Reece of the 11th:
A BILL to provide for a homestead exemption from City of Lyerly ad valorem taxes for municipal purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1716. By Representatives Massey of the 24th and Elrod of the 25th:
A BILL to create a board of elections and registration for Barrow County and to provide for its powers and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1718. By Representatives Purcell of the 122nd and Stephens of the 123rd:
A BILL to amend an Act creating the Effingham Family connection commission, so as to change the composition of members; to change the composition of officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1719. By Representative Hudson of the 95th:
A BILL to amend an Act entitled "An Act to reconstitute the Board of

MONDAY, MARCH 15, 2004

1831

Education of Glascock County," so as to revise the districts for the election of members of the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1721. By Representative Boggs of the 145th:
A BILL to create a board of elections for Ware County and to provide for its powers and duties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1734. By Representatives Heckstall of the 48th, Post 3, Holmes of the 48th, Post 1 and Fludd of the 48th, Post 4:
A BILL to create the City of East Point Charter Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1735. By Representatives Yates of the 85th, Post 1, Lunsford of the 85th, Post 2 and Howell of the 92nd:
A BILL to provide a new charter for the City of Griffin; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1738. By Representatives Teilhet of the 34th, Post 2, Richardson of the 26th, Golick of the 34th, Post 3, Stoner of the 34th, Post 1, Dooley of the 33rd, Post 3 and others:

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A BILL to amend an Act creating the State Court of Cobb County, so as to provide for certain costs and the provisions relating to costs in such court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1747. By Representative Jenkins of the 8th:
A BILL to make certain findings and determinations with respect to a certain transaction in which Rabun County acquired certain hospital facilities from the Woodlands Foundation, Inc.; to determine that said transaction is impossible to undo and that the transaction is therefore excused from compliance with Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisition of hospitals; to provide that no review by the Attorney General shall be required in connection with such transaction; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1748. By Representative Reece of the 11th:
A BILL to amend an act incorporating the Town of Trion, so as to provide authority for the Board of Education of the Town of Trion to set, approve, and amend its budget; to provide taxing authority and vest title of all property owned or occupied, now and in the future, in the board of education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 386. By Senators Thomas of the 10th, Butler of the 55th and Stokes of the 43rd:
A BILL to be entitled an Act to provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County

MONDAY, MARCH 15, 2004

1833

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:

A BILL
To provide that the tax commissioner of DeKalb County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of DeKalb County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The tax commissioner of DeKalb County shall remit all educational funds collected by said officer to the Board of Education of DeKalb County, except that 1.25 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of DeKalb 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 Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia.
SECTION 3. This Act shall become effective on July 1, 2005.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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JOURNAL OF THE HOUSE

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong
Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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

E Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley E Douglas Y Drenner E Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd
Forster Y Franklin
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
Howard Y Howell
Hudson Y Hugley E Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y 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 Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel E Oliver, B Y Oliver, M
O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Porter Y Powell Y Purcell
Ralston Y Randall
Ray Y Reece, B Y Reece, S
Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Sholar Y 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 Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bills, the ayes were 141, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Dooley of the 33rd, Post 3 stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

MONDAY, MARCH 15, 2004

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HB 1736. By Representatives Wix of the 33rd, Post 1, Ehrhart of the 28th, Cooper of the 30th, Parsons of the 29th, Stoner of the 34th, Post 1 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 chairperson and the other commissioners 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 roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Beasley-Teague N Benfield Y Birdsong Black Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Buck Y Buckner, D Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Campbell Y Casas Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach
Dix Y Dodson Y Dollar N Dooley E Douglas N Drenner E Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin
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 Y Heckstall Y Hembree
Henson Y Hill, C

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston
Howard Y Howell
Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Keen Y Knox Y Lane Lewis Y Lord Y Lucas Lunsford Maddox Mangham Manning Y Marin Y Martin Y Massey Y Maxwell Y 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 N Noel E Oliver, B Y Oliver, M
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
Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper
Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren
Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 130, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representative Lewis of the 12th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 528. By Senators Tolleson of the 18th, Butler of the 55th and Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 16 of Title 43 of the O.C.G.A., relating to firearms dealers, so as to transfer authority for the regulation of firearms dealers from the Department of Public Safety to the state revenue commissioner; to provide for a definition; to provide for the promulgation of rules and regulations regarding firearms dealers; to require that firearms dealers applying for a license must submit to a criminal background check as part of the licensing process; to change the provisions relating to surety bonds; to provide for the collection of amounts due under this chapter; to provide for penalties; to provide for the inspection of licensees and their books records, and other materials and premises; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.
SB 554. By Senators Moody of the 27th, Brush of the 24th, Collins of the 6th, Unterman of the 45th, Seabaugh of the 28th 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 schools, so as to enact the "Spread the Word Program Act"; to provide for local programs for collecting donated books for children who have few books or schools that need additional books; to authorize rules and regulations; to repeal conflicting laws; and for other purposes.
SB 564. By Senators Collins of the 6th, Hall of the 22nd, Kemp of the 46th, Smith of the 52nd and Levetan of the 40th:

MONDAY, MARCH 15, 2004

1837

A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide that a social security number shall not be used by the Department of Motor Vehicle Safety as a drivers license or identification card number; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 615. By Senator Starr of the 44th:
A BILL to be entitled an Act to provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of the homestead in 2006 and subsequent years; to provide that such exemptions shall be available to all residents of the city; 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 substitute by the requisite constitutional majority the following bill of the House:
HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:
A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1575. By Representative Skipper of the 116th:
A RESOLUTION relative to adjournment; and for other purposes.
The Senate recedes from its disagreement to the House amendment to the following bill of the Senate:

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JOURNAL OF THE HOUSE

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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:

SB 528. By Senators Tolleson of the 18th, Butler of the 55th and Kemp of the 46th:
A BILL to be entitled an Act to amend Chapter 16 of Title 43 of the O.C.G.A., relating to firearms dealers, so as to transfer authority for the regulation of firearms dealers from the Department of Public Safety to the state revenue commissioner; to provide for a definition; to provide for the promulgation of rules and regulations regarding firearms dealers; to require that firearms dealers applying for a license must submit to a criminal background check as part of the licensing process; to change the provisions relating to surety bonds; to provide for the collection of amounts due under this chapter; to provide for penalties; to provide for the inspection of licensees and their books records, and other materials and premises; to provide for practices and procedures; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Judiciary.

SB 554. By Senators Moody of the 27th, Brush of the 24th, Collins of the 6th, Unterman of the 45th, Seabaugh of the 28th 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 schools, so

MONDAY, MARCH 15, 2004

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as to enact the "Spread the Word Program Act"; to provide for local programs for collecting donated books for children who have few books or schools that need additional books; to authorize rules and regulations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 564. By Senators Collins of the 6th, Hall of the 22nd, Kemp of the 46th, Smith of the 52nd and Levetan of the 40th:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, so as to provide that a social security number shall not be used by the Department of Motor Vehicle Safety as a drivers license or identification card number; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Motor Vehicles.

SB 615. By Senator Starr of the 44th:
A BILL to be entitled an Act to provide a homestead exemption from City of Forest Park ad valorem taxes for municipal purposes; to provide that the amount of such exemption shall be $50,000.00 of the assessed value of the homestead in 2004, $100,000.00 of the assessed value of the homestead in 2005, and $150,000.00 of the assessed value of the homestead in 2006 and subsequent years; to provide that such exemptions shall be available to all residents of the city; 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 Casas of the 68th arose to a point of personal privilege and addressed the House.

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Representative Mangham of the 62nd 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.

Representative Childers of the 13th, Post 1 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 Gardner of the 42nd, Post 3 arose to a point of personal privilege and addressed the House.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1568. By Representatives Williams of the 128th, DeLoach of the 127th, Mosley of the 129th, Post 1, Barnard of the 121st, Post 1 and Smith of the 129th, Post 2:
A RESOLUTION commending Coastal Manor Long Term Care Facility and congratulating it on its Georgia Nursing Home Association awards and inviting its representatives to appear before the House of Representatives; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1011. By Representatives McBee of the 74th, Gardner of the 42nd, Post 3 and Borders of the 142nd:
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,

MONDAY, MARCH 15, 2004

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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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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
Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach
Dix Dodson Y Dollar Y Dooley Douglas Y Drenner E 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 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton
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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

Representatives Douglas of the 73rd and Forster of the 3rd, Post 1 stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 1343. By Representatives Coan of the 67th, Post 1, Westmoreland of the 86th, Brooks of the 47th, Moraitakis of the 42nd, Post 4, Jamieson of the 22nd and others:
A RESOLUTION rescinding, repealing, canceling, voiding, nullifying, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; 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
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks
Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

E Day Y Dean Y Deloach
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner E Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston
Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox

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

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 15, 2004

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 Mangham Manning Marin Martin
Y Massey Y Maxwell Y McBee Y McCall Y McClinton
Millar Mills

Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

1843
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock
Brooks Broome Y Brown

E Day Y Dean Y Deloach
Dix Dodson Y Dollar Y Dooley Y Douglas Y Drenner E 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
Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen

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 Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner
Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

1844
E Bruce Y Buck Y Buckner, D
Buckner, G Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Y 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

Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Millar Y Mills

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 Y Sailor Y Scott
Shaw Y Sheldon

Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson
Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1720. By Representatives Westmoreland of the 86th, Channell of the 77th, Graves of the 106th, Shaw of the 143rd and O`Neal of the 117th:
A BILL to amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the Indigent Care Trust Fund; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To amend Article 6 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, so as to provide for reimbursement for ambulance services for Medicaid recipients as an authorized expenditure from the

MONDAY, MARCH 15, 2004

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Indigent Care Trust Fund; to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for certain payments for ambulance services for recipients of medical assistance; to provide for the increase of license fees in the event of insufficient funding for ambulance services reimbursement; 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to the Indigent Care Trust Fund, is amended by striking Code Section 31-8-154, relating to authorized expenditure of contributed funds, and inserting in its place the following:
"31-8-154. All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes:
(1) To expand Medicaid eligibility and services; (2) For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent; (3) For primary health care programs for medically indigent citizens and children of this state; or (4) Any combination of purposes specified in paragraphs (1) through (3) of this Code section; or (5) To cover insufficiencies in funding for reimbursement of ambulance services, both ground and air, provided to a recipient of medical assistance in accordance with Code Section 49-4-158."
SECTION 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by inserting a new Code section to be designated Code Section 49-4-158 to read as follows:
"49-4-158. (a) As used in this Code section, the term:
(1) 'Ambulance services' shall have the same meaning as provided for under medicare; provided, however, that the department shall have the authority to interpret such term for purposes of this Code section. (2) 'Levels of ambulance service' shall have the same meaning as provided for under medicare; provided, however, that the department shall have the authority to interpret such term for purposes of this Code section. (3) 'Medicare' means coverage under both Parts A and B of Title XVIII of the Social Security Act, 42 U.S.C. Section 1395, et seq., as amended, and as provided for in Subchapter B of Chapter 4 of Title 42 of the Code of Federal Regulations.

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(b) The department shall reimburse an ambulance provider, licensed pursuant to Article 1 of Chapter 11 of Title 31, an amount equal to or greater than the amount paid under medicare, at any given time, for ambulance services provided to a recipient of medical assistance in accordance with the appropriate level of ambulance service. (c) In the event that there are insufficient funds to cover the costs incurred pursuant to subsection (b) of this Code section, the department shall determine the amount of such insufficiency and shall notify the Board of Human Resources of such amount. Upon notification, the Board of Human Resources shall be responsible for increasing license fees pursuant to Code Section 31-11-31.1 in an amount intended to cover the insufficiency. This increase shall not be greater than the medicare inflation index charge-customary percentage published in the Federal Register for that calendar year. The department shall be authorized to utilize funds from the Indigent Care Trust Fund to cover an insufficiency in funding pursuant to Code Section 31-8-154."
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 Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister

E Day Y Dean Y Deloach
Dix Dodson Dollar Y Dooley Y Douglas Y Drenner E Dukes Y Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson

Y 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, C Y Jenkins, C.F Y Jones
Jordan Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Lucas Y Lunsford Y Maddox

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 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 Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren

Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 15, 2004

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 Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

1847
Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and withdrawn:

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; 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 6 of Title 49 of the Official Code of Georgia Annotated, relating to

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general provisions related to services for the aging, is amended by adding a new Code Section 49-6-8 to read as follows:
"49-6-8. (a) The General Assembly finds, determines, and declares:
(1) That prescription drugs are the fastest rising component of personal health expenditures in the United States and many conditions that previously required surgery and hospitalization now are treatable by prescription drugs; (2) That the prices of prescription drugs are a matter of great concern to most adults, but especially to seniors, who are the biggest consumers of such drugs and for whom their quality of life depends on such drugs; (3) That the cost of prescription drugs can create financial burdens for many seniors, particularly those with low incomes; (4) That most seniors are enrolled in medicare, but medicare will offer some assistance for outpatient prescription drugs, but there will still be significant out of pocket expenses; (5) That the pharmaceutical industry has risen to the challenge to ease the financial burden of the cost of prescription drugs for seniors and has implemented prescription drug assistance programs for seniors who cannot afford those medications; (6) That this state has available currently a program, GeorgiaCares, designed to educate and help seniors apply for all available low cost prescription drug assistance programs; and (7) That the subcommittee of the Human Relations and Aging Committee of the House of Representatives, which has reported on the issue of prescription drug costs for seniors, has recommended continued study of ways to assist seniors with their medication costs. (b)(1) For reasons specified in subsection (a) of this Code section, there is established an advisory committee on seniors and prescription drug costs for the purposes of studying and collecting the informational data specified in this Code section and providing two reports on such information to the General Assembly and Governor by July 1, 2005, and by July 1, 2007, for the purpose of providing recommendations concerning, but not limited to, the following:
(A) Appropriate methodologies to evaluate the experiences of seniors trying to access prescription drug assistance programs and the effectiveness of referrals to such programs; (B) Marketing approaches to provide information about available prescription drug assistance programs to seniors; (C) Streamlining the enrollment and purchasing process for all available prescription drug assistance programs; (D) Coordinating various prescription drug assistance programs; (E) Evaluating outcome data provided by GeorgiaCares to make policy recommendations to the General Assembly; (F) Identifying gaps in prescription drug coverage and programs designed to assist seniors in obtaining prescription medications; and

MONDAY, MARCH 15, 2004

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(G) Assessing the experiences of seniors in obtaining prescription drugs at affordable costs with various coverages. (2) The advisory committee on seniors and prescription drug costs shall consist of at least 11 members who shall be appointed by the director of the Division of Aging Services of the Department of Human Resources. Members appointed to the committee shall have training, experience, or interest in the area of senior health care and shall include representation from both rural and urban areas, at least one physician specializing in gerontology, one pharmacist, one member of a nonprofit organization that advocates for seniors, one senior consumer, one representative of the pharmaceutical industry, one representative of the Georgia Council on Aging, one representative of GeorgiaCares, one representative from the State Health Insurance Assistance Program, and one representative of the area agencies on aging. In addition, the Speaker of the House of Representatives shall appoint one member from the House of Representatives, and the President of the Senate shall appoint one member from the Senate to serve on the advisory committee. Members of the committee shall be assisted by staff of the Division of Aging Services of the Department of Human Resources as the director of the division deems necessary. (3) The members of the advisory committee on seniors and prescription drug costs shall serve without compensation but shall be reimbursed at the legal mileage rate for state employees for the use of a personal automobile while traveling to and from meetings of the advisory committee plus actual parking charges incurred while attending any such meetings. (4) The advisory committee on seniors and prescription drug costs shall meet as often as necessary to study and collect the information necessary and provide reports to the General Assembly and Governor on July 1, 2005, and July 1, 2007, and to develop and make recommendations specified in paragraph (1) of this subsection. (5) This Code section is automatically repealed effective July 1, 2010."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Harrell of the 54th et al., was read and adopted:

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,

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JOURNAL OF THE HOUSE

qualifications, and duties; 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 6 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions related to services for the aging, is amended by adding a new Code Section 49-6-8 to read as follows:
"49-6-8. (a) The General Assembly finds, determines, and declares:
(1) That prescription drugs are the fastest rising component of personal health expenditures in the United States and many conditions that previously required surgery and hospitalization now are treatable by prescription drugs; (2) That the prices of prescription drugs are a matter of great concern to most adults, but especially to seniors, who are the biggest consumers of such drugs and for whom their quality of life depends on such drugs; (3) That the cost of prescription drugs can create financial burdens for many seniors, particularly those with low incomes; (4) That most seniors are enrolled in medicare, but medicare will offer some assistance for outpatient prescription drugs, but there will still be significant out of pocket expenses; (5) That the pharmaceutical industry has risen to the challenge to ease the financial burden of the cost of prescription drugs for seniors and has implemented prescription drug assistance programs for seniors who cannot afford those medications; (6) That this state has available currently a program, GeorgiaCares, designed to educate and help seniors apply for all available low cost prescription drug assistance programs; and (7) That the subcommittee of the Human Relations and Aging Committee of the House of Representatives, which has reported on the issue of prescription drug costs for seniors, has recommended continued study of ways to assist seniors with their medication costs. (b)(1) For reasons specified in subsection (a) of this Code section, there is established an advisory committee on seniors and prescription drug costs for the purposes of studying and collecting the informational data specified in this Code section and providing two reports on such information to the General Assembly and Governor by July 1, 2005, and by July 1, 2007, for the purpose of providing recommendations concerning, but not limited to, the following:
(A) Appropriate methodologies to evaluate the experiences of seniors trying to access prescription drug assistance programs and the effectiveness of referrals to such programs; (B) Marketing approaches to provide information about available prescription drug assistance programs to seniors;

MONDAY, MARCH 15, 2004

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(C) Streamlining the enrollment and purchasing process for all available prescription drug assistance programs; (D) Coordinating various prescription drug assistance programs; (E) Evaluating outcome data provided by GeorgiaCares to make policy recommendations to the General Assembly; (F) Identifying gaps in prescription drug coverage and programs designed to assist seniors in obtaining prescription medications; and (G) Assessing the experiences of seniors in obtaining prescription drugs at affordable costs with various coverages. (2) The advisory committee on seniors and prescription drug costs shall consist of 13 members. The director of the Division of Aging Services of the Department of Human Resources shall appoint one member of a nonprofit organization that advocates for seniors, one senior consumer, one representative of the pharmaceutical industry, one representative of the Georgia Council on Aging, one representative of GeorgiaCares, one representative from the State Health Insurance Assistance Program, and one representative of the area agencies on aging. In addition, the Speaker of the House of Representatives shall appoint two members from the House of Representatives and a physician specializing in gerontology, and the President of the Senate shall appoint two members from the Senate and a pharmacist to serve on the advisory committee. Members of the committee shall be assisted by staff of the Division of Aging Services of the Department of Human Resources as the director of the division deems necessary. (3) The members of the advisory committee on seniors and prescription drug costs shall serve without compensation but shall be reimbursed at the legal mileage rate for state employees for the use of a personal automobile while traveling to and from meetings of the advisory committee plus actual parking charges incurred while attending any such meetings. (4) The advisory committee on seniors and prescription drug costs shall meet as often as necessary to study and collect the information necessary and provide reports to the General Assembly and Governor on July 1, 2005, and July 1, 2007, and to develop and make recommendations specified in paragraph (1) of this subsection. (5) This Code section is automatically repealed effective July 1, 2010."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard
Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner E 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
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
Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby
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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

MONDAY, MARCH 15, 2004

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has failed to appear for trial on two or more occasions; and for other purposes.

The following Committee substitute was read and adopted:

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 under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) In addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person upon his or her own recognizance only; provided, however, that a judge shall not release a person on his or her own recognizance if the person has failed to appear on two occasions within a tenyear period of time and instead shall require such person to post a cash, property, or surety bail bond. The provisions of this subsection shall not apply to a person who did not receive notice for his or her court appearance."
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:

1854

JOURNAL OF THE HOUSE

Y Amerson N 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 E 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
Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner E Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H
Floyd, J Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene N Greene-Johnson Hanner Y Harbin Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson N Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin
Martin Y Massey Y Maxwell Y McBee Y McCall 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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren
Watson Westmoreland Y White Y Wilkinson Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 560. By Representative Royal of the 140th:
A BILL to amend Code Section 40-3-20 of the Official Code of Georgia Annotated, relating to applications for certificates of title for motor vehicles, so as to require proof of the payment of the sales and use tax as a precondition to titling certain motor vehicles; to provide for the collection of the tax; to provide for compensation for tag agents; and for other purposes.

MONDAY, MARCH 15, 2004

1855

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister N Barnard
Barnes Beasley-Teague Y Benfield Y Birdsong Y Black N Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter N Burmeister Y Butler Campbell N Casas Y Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper N Crawford Y Cummings

E Day Dean
Y Deloach Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner E Dukes Y Ehrhart N Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J
Fludd Y Forster N Franklin Y Gardner N Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell N Heard, J Y Heard, K Y Heath 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
Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen N Knox Y Lane N Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham N Manning Y Marin Y Martin N Massey Y Maxwell Y McBee
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 Y Reece, S Y Rice
Richardson Y Roberts, J Y Roberts, L
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 139, nays 20. The Bill, having received the requisite constitutional majority, was passed.

HB 1182. By Representatives Buckner of the 82nd, Barnes of the 84th, Post 2, StanleyTurner of the 43rd, Post 2, Manning of the 32nd and Marin of the 66th:

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JOURNAL OF THE HOUSE
A BILL to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, so as to provide for provisions relating to work release programs in felony sentences; to provide for revocation of work release status; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentence in criminal cases, is amended by adding at its end a new subsection (g) to read as follows:
"(g)(1)(A) In sentencing a defendant convicted of a felony to confinement in the custody of the Department of Corrections, the sentencing judge may authorize that the person so sentenced shall be eligible to participate in a work release program operated by a county. When an inmate has been so sentenced, the commissioner of corrections is authorized to permit participation of the inmate in a work release program operated by a county in the same general manner provided for in Code Section 42-5-59 provided that such program is available and the administrator of such program accepts the inmate. (B) In sentencing a defendant convicted of a felony to probated confinement, the sentencing judge may make the defendants participation in a work release program operated by a county a condition of probation, provided that such program is available and the administrator of such program accepts the inmate. (C) Any defendant accepted into a county work release program shall thereby be transferred into the legal custody of the administrator of said program; likewise, any defendant not accepted shall remain in the legal custody of the Department of Corrections. (2) Work release status granted by the court may be revoked for cause by the sentencing court in its discretion or may be revoked by the state or local authority operating the work release program for any reason for which work release status would otherwise be revoked.

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(3) The provisions of this subsection shall not limit the authority of the commissioner to authorize work release status pursuant to Code Section 42-5-59 or apply to or affect the authority to authorize work release of county prisoners, which shall be as provided for in Code Sections 42-1-4 and 42-1-9 or as otherwise provided by law. (4) This subsection shall not apply with respect to any offense for which the work release status is specifically prohibited by law, including but not limited to serious violent felonies as specified in Code Section 17-10-6.1."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and may be applied by the sentencing court with respect to any sentence entered on or after that effective 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 N 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 E 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 Y Dollar Y Dooley Y Douglas Y Drenner E 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 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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B
Reece, S Y Rice Y Richardson

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson

1858
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 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
Martin Y Massey
Maxwell Y McBee
McCall Y McClinton Y Millar Y Mills

Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

Y Westmoreland Y White Y Wilkinson
Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1520. By Representatives Ray of the 108th and Royal of the 140th:
A BILL to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to change certain provisions relating to the notice period required prior to sale under a tax execution; to change certain provisions relating to amount payable for redemption; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister
Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black
Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown

E Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner E Dukes
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 E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan Y Joyce Y Keen

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 Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet

E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn N Burkhalter Y Burmeister
Butler Campbell Y Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 15, 2004

Y 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 N Heath Y Heckstall Y Hembree Y Henson N Hill, C

N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey N Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Purcell Y Ralston N Randall Y Ray Y Reece, B
Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
Sheldon

1859
Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson N Willard Y Williams, A
Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 146, nays 13. The Bill, having received the requisite constitutional majority, was passed.

Representatives Manning of the 32nd 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.

HB 1406. By Representatives Ashe of the 42nd, Post 2 and Porter of the 119th:
A BILL to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the core curriculum shall conform to national curriculum standards; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the core curriculum shall conform to national curriculum standards; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-140, relating to establishment of competencies and a core curriculum, and Code Section 20-2-141, relating to review of the adopted competencies and core curriculum, and inserting in lieu thereof the following:
"20-2-140. The State Board of Education shall establish competencies that each student is expected to master prior to completion of the students public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the students parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curriculum that conforms to national curriculum standards where applicable for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may expand and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities.
20-2-141. The State Board of Education shall establish at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the state board shall make such changes in the student competencies lists and core curriculum that conform to national curriculum standards where applicable as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Hines of the 35th et al. move to amend the Committee substitute to HB 1406 as follows:
On page 1, line 17, delete the word "national" and after "standards" add "of the various subject matter national organizations."

MONDAY, MARCH 15, 2004 The following amendment was read:

1861

Representative Hines of the 35th, Brock of the 5th and Heard of the 70th, Post 3 move to amend the Committee substitute to HB 1406 as follows:
On page 1, lines 12, 13, 16, and 23, change shall to may.
On page 2, lines 1 and 4, change shall to may.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong
Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks Y Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister
Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

E Day N Dean
Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner E Dukes Y Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene N Greene-Johnson N Hanner Y Harbin
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 Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton Y Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby Y 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 Y 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
Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon

N Sholar N Sims
Sinkfield N Skipper Y Smith, B Y Smith, L N 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 N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L E Warren N Watson Y Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, R N Wix Y Yates
Coleman, Speaker

1862

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 79, nays 88. The amendment was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister N Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong
Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks
Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister
Butler N Campbell N Casas Y Chambers Y Channell Y Childers N Coan Y Coleman, B N Cooper N Crawford Y Cummings

E Day Dean Deloach
Y Dix Y Dodson N Dollar Y Dooley N Douglas Y Drenner E 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
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 Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan N Joyce Y Keen N Knox N Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton 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 N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell N Purcell N Ralston Y Randall N Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L
Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre N Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson N Walker, L N Walker, R.L E Warren Y Watson N Westmoreland N White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix N Yates
Coleman, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 97, nays 67.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 1573 Do Pass

Respectfully submitted, /s/ Smyre of the 111th
Chairman

The Speaker announced the House in recess until 2:45 o'clock this afternoon.

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The Speaker called the House to order.

Representative Childers of the 13th District, Post 1, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1793 Do Pass

Respectfully submitted, /s/ Childers of the 13th, Post 1
Chairman

The following Resolutions of the House were read and adopted:

HR 1625. By Representative Jamieson of the 22nd: A RESOLUTION commending Henry Roy Tucker; and for other purposes.

HR 1631. By Representative Channell of the 77th:
A RESOLUTION commending Tom Wooten on his selection for, participation in, and graduation from Leadership Putnam; and for other purposes.

HR 1632. By Representative Bannister of the 70th, Post 1:
A RESOLUTION commending Matthew Aaron Frisch; and for other purposes.

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HR 1633. By Representative Bannister of the 70th, Post 1: A RESOLUTION commending Michael Alan Frisch; and for other purposes.

HR 1634. By Representatives Hill of the 147th, Boggs of the 145th, Smith of the 129th, Post 2 and DeLoach of the 127th:
A RESOLUTION commending Judge Joe C. Strickland; and for other purposes.

HR 1635. By Representatives Stephens of the 124th, Post 2, Jackson of the 124th, Post 1, Stephens of the 123rd, Bordeaux of the 125th, Purcell of the 122nd and others:
A RESOLUTION honoring the life, public service, and memory of Ms. Gwendolyn P. Goodman; and for other purposes.

HR 1636. By Representative Brooks of the 47th: A RESOLUTION honoring Dr. Golden A. Frinks; and for other purposes.

HR 1637. By Representatives Brooks of the 47th and Coleman of the 118th:
A RESOLUTION in honor and memory of Mrs. Lester Lee Walker; and for other purposes.

HR 1638. By Representatives Floyd of the 69th, Post 2, Heard of the 70th, Post 3, Thompson of the 69th, Post 1, Marin of the 66th, Bannister of the 70th, Post 1 and others:
A RESOLUTION in memory and honoring the lives of Mr. William Stephen "Billy" Venable, Sr., and Mr. William "Bill" Coleman Venable, Jr.; and for other purposes.

HR 1639. By Representatives Coleman of the 118th, Ashe of the 42nd, Post 2, Skipper of the 116th, Smyre of the 111th and Richardson of the 26th:

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A RESOLUTION commending the House Interns for the 2004 Regular Session; and for other purposes.

HR 1640. By Representatives Gardner of the 42nd, Post 3, Teper of the 42nd, Post 1, Smith of the 87th, Hudson of the 95th and Greene-Johnson of the 60th, Post 3:
A RESOLUTION commending Georgia's sustainable and environmentally friendly small businesses; and for other purposes.

HR 1641. By Representative Wix of the 33rd, Post 1:
A RESOLUTION commending James G. Dalton, Sr., and recognizing his receipt of the M. L. Lamar Lifetime Achievement Award; and for other purposes.

HR 1642. By Representatives Thomas of the 43rd, Post 1, Stanley-Turner of the 43rd, Post 2, Beasley-Teague of the 48th, Post 2, Henson of the 55th and Harrell of the 54th:
A RESOLUTION recognizing obesity as an increasing health concern and cause of rising medical costs in Georgia and declaring the month of November as Obesity Awareness Month; and for other purposes.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:

HB 1715. By Representatives Hembree of the 46th, Maxwell of the 27th, Brooks of the 47th, Bruce of the 45th, Wix of the 33rd, Post 1 and others:
A BILL to create the Western Area Regional Radio System 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 94, nays 0.

MONDAY, MARCH 15, 2004 The Bill, having received the requisite constitutional majority, was passed.

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The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1573. By Representatives Sheldon of the 71st, Post 2, Walker of the 71st, Post 1, Heard of the 70th, Post 3, Bannister of the 70th, Post 1, Casas of the 68th and others:
A RESOLUTION commending the South Gwinnett High School boys' basketball team and inviting the players and their 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 of the House were taken up for consideration and read the third time:

HB 1003. By Representatives Powell of the 23rd, Bruce of the 45th, Westmoreland of the 86th, Stoner of the 34th, Post 1, DeLoach of the 127th and others:
A BILL to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; to define certain terms; to provide for the composition, powers, and duties of the board; to provide for the licensing of residential and general contractors; to provide for fees and an examination; to provide for the revocation of licenses; to provide for the renewal of licenses; to provide penalties for engaging in residential or general contracting without a valid license; to provide for exceptions; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new Chapter 41 to read as follows:
"CHAPTER 41
43-41-1. It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential and general contractors. The practice of residential and general contracting is declared to be a business or profession affecting the public interest and this chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.
43-41-2. As used in this chapter, the term:
(1) 'Board' means the State Licensing Board for Residential and General Contractors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section. (3) 'Contracting' means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) of this Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance of these services also constitutes contracting. (4) 'Contractor,' except as specifically exempted by this chapter, means a person who is qualified under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction of improvements to real property for an owner, including the construction or improvement of, addition to, or the repair, alteration, remodeling, or demolition of any building, bridge, or other structure, including related improvements to the real property, for use by the owner or by others or for resale to others. The term 'contractor' for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herself perform, for an owner:
(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost of the construction; and (B) Services of a contractor as part of performance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a

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design professional acting as prime contractor as part of a design-build entity or combination. Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system. (5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter including within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a general contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the general contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. The construction of all private, commercial, institutional, industrial, public, and other buildings and structures under contract with or engagement directly by an owner shall be undertaken by a general contractor, except as otherwise expressly set forth in or excluded from operation of this chapter. (6) An 'owner' of real property means a person or entity that has a majority ownership interest in the real property to be improved and for whom an improvement is made or who contracts with or engages, directly or through an agent, the contractor to perform the construction work or services. (7) 'Qualifying agent' means a person who possesses the requisite skill, knowledge, and experience and has the responsibility to supervise, direct, manage, and control all of the contracting activities of a contractor doing business in the form of a business organization, with which he or she is affiliated by employment or ownership; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he or she has obtained the building permit; and whose technical and personal qualifications have been determined by investigation and examination as provided in this chapter, as attested by the division. (8) 'Real property' means the real estate, or an interest therein, that is improved, including leaseholds, tenements, and easements, and improvements constructed or placed thereon. (9) 'Residential contractor' means any contractor who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and perform any activity or work as a contractor requiring licensure under this chapter for a fixed price, commission, fee, wage, or other compensation or who undertakes any activity or work

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on his or her own behalf or for any person or business organization that is not licensed as a licensed residential contractor pursuant to this chapter where such activity or work falls into the category of residential-basic contractor or residential-light commercial contractor as defined in this Code section and where the total value of the work or activity or of the compensation to be received by the contractor for such activity or work, whichever is the higher, exceeds $2,500.00. The term 'residential contractor' shall include both a residential-basic contractor and a residential-light commercial contractor, except where otherwise expressly stated. The work or activity performed by a residential contractor may include within its scope any work requiring licensure under Chapter 14 of this title; provided, however, that any work contractually undertaken by a residential contractor in the nature of electrical contracting, plumbing, conditioned air contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 of this title. (10) 'Residential-basic contractor' means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures; (11) 'Residential-light commercial contractor' means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (1) of subsection (b) of Code Section 25-2-13. (12) 'Specialty contractor' means a contractor whose scope of work and responsibility is of limited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.
43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 members appointed by the Governor for five-year terms. The board

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shall be assigned to the Secretary of States office for administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of Chapter 1 of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors, and the general contractor division. Seven members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve as members of the general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period of not less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms. (b) The residential contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five members shall be residential contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor members shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involves remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construction industry and shall represent the interests of the public at large. The initial member terms on the residential contractor division shall be staggered so that all terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial

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terms of four years, and one member shall serve an initial term of three years. The residential contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it. (c) The general contractor division shall consist of seven members and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. Effective July 1 of the second year after this chapter becomes effective, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose of transacting such business as may properly come before it.
43-41-4. (a) The initial members of the board shall be appointed by the Governor no later than July 30 of the year in which this chapter becomes effective. The board shall meet within 30 days after its appointment by the Governor at a time and place to be designated by the Governor and organize by electing a chairperson and a vice chairperson, each to serve for a one year term. (b) The office of chairperson of the board shall be rotated between the two divisions enumerated in this chapter, with the office of vice chairperson to be held by a member of the division other than that in which the chairperson serves, unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the chairperson whose departure has created the vacancy. (c) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. Eight members of the board, including at least three members from each of its divisions, shall constitute a quorum for transaction of business by the board. (d) Each division within the board shall also elect from its membership a chairperson and a vice chairperson who shall each serve for a term of two years. Any vacancy in the office of either the chairperson or vice chairperson shall be filled by one of the members of the respective division for the unexpired term. (e) Any member elected chairperson of a division may not serve more than two consecutive full terms of office.

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(f) Each division shall carry out its powers and duties as provided for in this chapter with the assistance of the division director and staff of the professional licensing boards division of the Secretary of States office and the officers and staff of the board. Each division of the board shall operate and transact its business independently of the other division and of the board at large, except as required by this chapter and to the extent of common interests and functions, including staffing and administration. Each division of the board shall have delegated from the board the power and authority to take all appropriate actions in the organization and administration of each respective division and the effectuation and implementation of the licensing and enforcement processes required under this chapter, subject to ultimate oversight and review by the board. (g) The divisions of the board shall meet at the call of the chairperson of the division. (h) The board shall not take action on any matter specifically delegated to and under the authority and control of the one of its divisions unless at least four of its members from the affected division are present and participating in such action or decision. (i) The division director, or his or her designee, shall keep a record of the proceedings of the board and its respective divisions.
43-41-5. (a) The board shall meet at least twice each year for the purpose of transacting such business as may properly come before it and of overseeing the operation of its divisions. (b) The board and its divisions shall have the power to:
(1) Request from the various departments, agencies, and authorities of the state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the Untied States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requirements in force in this state for registration, licensure, or certification and that any such contractor holding a current and valid license, certificate, or registration from another state or territory seeking licensure by way of reciprocity shall demonstrate that such applicant meets, in the discretion of the respective division, the qualifications, requirements, and criteria set forth in Code Section 43-41-6, other than the requirement to take and pass an examination as set forth in subsection (d) of Code Section 43-41-6, and that such applicant is otherwise in compliance with all requirements of the State of Georgia for transaction of such business within this state; provided, further, that a similar privilege is offered to residents of this state by the other state or territory; (3) Establish and adjust fees as necessary within the limits set forth in Chapter 1 of this title; (4) Adopt official seals for their use and change them at pleasure;

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(5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting; (6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) Regarding the powers and authorities conferred by this Code section relative to the residential-light commercial contractor subcategory of the residential contractor classification under this chapter, due to the characteristics of such subcategory, such powers and authorities shall be delegated to and conferred upon, in the first instance, a combined and overlapping subdivision comprising four members of both of the divisions, two of whom shall be the residential-light commercial qualified members of the residential contractor division and two of whom shall be the small volume qualified members of the general contractor division, with neither division having sole oversight and control of such powers and authorities. The chairperson of such combined subdivision shall be rotated annually between the chairperson of the residential contractor division and the chairperson of the general contractor division, with the residential contractor chairperson initially serving as chairperson. The combined subdivision shall meet at the call of such chairperson. However, regarding the actual issuance of licenses under this chapter for residential-light commercial contracting and any powers and authorities relative to administration, oversight, control, or disciplinary action of persons issued such licenses, pursuant to Code Sections 43-41-10, 43-41-11, 43-41-13, 43-41-15, and 43-41-16, the residential contractor division shall have full power and authority. Any determinations made or actions taken by this subdivision shall be subject to the ultimate review, oversight, control, power, and authority of the board. (d)(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 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 residential or general contracting 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.

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(3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (e) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of this chapter or any other provision of law relating to a licensees or applicants fitness to practice as a licensed residential or general contractor or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. (f) The denial of a license on grounds other than those enumerated in this chapter, the issuance of a private reprimand, the denial of a license by reciprocity, the denial of a request for reinstatement of a revoked license, or the refusal to issue a previously denied license 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 Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. (g) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee 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 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 or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant. (h) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board. (i) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, business organizations, or other associations of any kind whatsoever. (j) 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.
43-41-6. (a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or

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general contractor division, respectively, accompanied by an application fee as provided by the board. Such an application may be submitted either by:
(1) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-41-9. Additionally, all applicants must submit to and successfully pass an examination prepared by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-41-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifying agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division. (b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and (4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application. (c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Meets eligibility requirements according to one of the following criteria:
(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a residential contractor, general contractor, or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a residential contractor, general contractor, or other proven

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experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited collegelevel courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a residential contractor, or other proven experience deemed acceptable by the division; and (4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residence-light commercial category in the four years immediately preceding application. (d) A person shall be eligible for licensure as a general contractor by the general contractor division if the person: (1) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility; and (3) Meets eligibility requirements according to one of the following criteria: (A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division; (B) Has a combination acceptable to the division of academic credits from any accredited college-level courses and proven practical experience working as or in the employment of a general contractor or other proven experience deemed substantially similar by the division equaling at least four years in the aggregate. For purposes of this subparagraph, all university, college, junior college, or community college-level courses shall be considered accredited college-level courses; or (C) Has a total of at least four years of proven active experience working in a construction industry related field, at least two of which shall have been as or in the employment of a general contractor, or other proven experience deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, drafting, engineering, supervision, or project management, or functions deemed substantially similar by the division. (e) Before being entitled to take an examination or otherwise qualify for issuance of a license, an applicant must show to the satisfaction of the residential contractor division or general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or general contractor, whether by way of employment,

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ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Applicants for a general contractor license shall provide proof of a minimum net worth in an amount which is specified by the general contractor division. Additionally, all applicants shall provide proof of general liability insurance and of workers compensation insurance as required by the laws of this state in their name. However, if and to the extent the applicant is submitted as a person seeking to act as a qualifying agent of a particular business organization, such proofs and information shall relate and pertain to such business organization rather than the individual applicant, subject to the limitations set forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a general contractors license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division; provided, however, that where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization. The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the appropriate division and shall be a condition of renewal. A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, must notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensees and, if the licensee is acting as a qualifying agent for any business organization, such business organizations current mailing address, insurance coverages, and affiliated entities.
(f)(1) The residential contractor division and the general contractor division shall each conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8. (2) The residential contractor division shall conduct separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicants ability to make a practical application of his or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers compensation, insurance, and liens. (3) The general contractor division shall conduct an examination to ascertain the particular applicants ability to make a practical application of his or her knowledge

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of the profession of commercial general contracting; the applicants qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her knowledge as to the responsibilities of a general contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers compensation, insurance, surety bonding, and liens. (4) If the results of the applicants examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement under Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole proprietor or as a qualifying agent for the affiliated business organization and in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified. (g) Any otherwise qualified applicant failing this examination may be reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amount to be set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time shall wait at least one calendar year after the taking of the last examination and shall submit an application with the appropriate examination fees. (h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment of fees prescribed by the board. (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by mailing written application for renewal and paying a late renewal fee as determined by the board. After six months has elapsed from the date of expiration, such license may be reinstated in accordance with the rules and regulations of the board. (j) The division director shall give advance notice by mail to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section. (k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually

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for a residential-basic license, six hours annually for a residential-light commercial license, and eight hours annually for a general contractor license.
43-41-7. A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'
43-41-8. (a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualify for a residential contractor license or a general contractor license under the provisions of this chapter shall be eligible for issuance of a such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation of this chapter:
(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing authority of any political subdivision of this state which requires passing an examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifying agent for a business organization incorporated in Georgia or otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17; (2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as provided in this Code section; provided, however, that such person shall be either a resident and citizen of the state of Georgia or, if applying as a qualifying agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such

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application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residentiallight commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years immediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years immediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years immediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business organization in which such individual person was affiliated by employment or ownership and over which such person had general oversight and management responsibilities; and (3) Any person who holds a current and valid license to practice a comparable category of residential or general contracting issued by another state or territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for reciprocity promulgated by the divisions in accordance with subsection (b) of Code Section 43-41-5. Additionally, such application shall meet the following requirements:
(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete an examination, were substantially equivalent to Georgias current license criteria; (B) The application requirements and application form submitted to the other state or territory upon which such license was issued and the examination form and substance are available for review by the appropriate division and the examination results are made available to the division; (C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and (D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17.

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(b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under subsection (f) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of the appropriate division that the requirements for such exemption have been satisfied. The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.
43-41-9. (a) If an individual applicant proposes to engage in residential or general contracting in the individuals own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, or in any name other than the applicants legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under this chapter must be submitted by and through an individual qualifying agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifying agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division. The appropriate division shall not issue a license to any business organization or entity to engage in residential or general contracting unless such business organization or entity employs at least one currently licensed residential or general contractor who is actually engaged in the practice of residential or general contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifying agent having successfully satisfied the requirements for issuance of a license under this chapter and having obtained issuance of such a license by the appropriate division. Each such business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. (b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs of the business organization or entity.

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(c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate divisions rules and regulations either:
(1) In its own name as a separate business organization; or (2) By each of the members of the joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractors license issued by the appropriate division. Each such licensed individual or qualifying agent shall be considered a qualifying agent of such joint venture. (d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the appropriate division. (e)(1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notify the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agents affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission of such application shall serve to maintain the licensed status of the business organization pending and subject to approval of such application by the appropriate division; provided that, should such application be denied by that division, then, after passage of the 120 day period, the business organization shall cease to be considered licensed as a residential or a general contractor unless and until a new application is submitted and approved by the appropriate division. In such circumstance, the affected business organization may not thereafter engage in residential or general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, who thereafter shall assume all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any

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actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization. (2) The qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants under this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and under his or her previously issued license unless and until the appropriate division determines that the person seeking issuance of the license no longer meets these requirements. (3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name of the new affiliated business organization. (f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating under a license issued through its licensed qualifying agent or agents in the same manner and on the same grounds as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent under this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any grounds for which individual licenses can be denied. (g) Each qualifying agent shall pay the appropriate division an amount equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization. (h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit. (i) Any change in the status of a qualifying agent is prospective only. A qualifying agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifying agent occurring during his or her period of service as such qualifying

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agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessors actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifying agent by any owner or other third party claimant beyond the liability that would otherwise exist legally or contractually apart from and independent of the individuals status as a qualifying agent.
43-14-10. (a) In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter 1 of this title, the residential contractor division and the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore a license to any person or licensee if such person or licensee is found by the appropriate division to have engaged in any fraud or deceit in obtaining a license or otherwise to have engaged in gross negligence, repeated or persistent incompetence, intentional misconduct in the practice of his or her profession, or willful violation of any provisions of this chapter. (b) For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed. (c) The separate divisions may issue a stop-work order for all unlicensed work falling within their respective jurisdictions upon finding probable cause to believe that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may be enforced by injunctive relief, cease and desist orders, or other related actions within the power and authority of the board and its respective divisions. (d) The division having jurisdiction shall investigate and sanction any license holder found to have engaged in fraud, deceit, gross negligence, repeated or persistent incompetence, or intentional misconduct in the practice of residential or general contracting; and sanctions shall be assessed against any such residential or general contractor licensed under this chapter either individually or as a business organization acting through a qualifying agent. Such charges, unless dismissed without hearing by the division as unfounded, shall be heard and determined by that division in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The divisions shall each adopt and publish rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses. (f ) Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.
43-41-11. The issuance of a license by the residential contractor or the general contractor division

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shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.
43-41-12. (a) Any person, whether an individual or a business organization, who:
(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter; (2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee; (3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent; (4) Gives false or forged evidence of any kind to the board or its divisions or to any member of the board in maintaining a license; (5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting; or (6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion of the court. (b) Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in subsection (a) of this Code section and also to any appropriate disciplinary action by the appropriate division. (c) Except as otherwise provided in this Code section, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
43-41-13. Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason of the violation.

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43-41-14. Any person, whether an individual or a business organization acting through a qualifying agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed general contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor license number and the identity of any business organization for which such applicant is serving as qualifying agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or other authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifying agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting under a duly licensed qualifying agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00.
43-41-15. If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work under such contract is an individual person and not a business organization acting through a qualifying agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required

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resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes of this Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractors death. If an incomplete contract exists at the time of death of a sole qualifying agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifying agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.
43-41-16. (a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any of the following acts:
(1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions; (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a criminal act constituting a felony in any jurisdiction which directly relates to the practice of residential or general contracting or the ability to practice contracting; (3) Performing any act which assists a person or entity in the prohibited unlicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is unlicensed; (4) Knowingly combining or conspiring with an unlicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualify one or more business organizations, including where such qualifying agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifying agent under paragraph (7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions of this chapter; (5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions; (6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifying agent is engaged or under contract as a residential or general contractor. A project may be presumed abandoned after 90 days if the contractor has ceased work on or terminated performance on the project without just cause and without proper

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notification to the owner, including the reason for the termination, cessation, or abandonment; (7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers compensation and general liability insurance are provided; (8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter; (9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property; (10) Proceeding on any job without obtaining applicable local building permits and inspections; (11) Using or attempting to use a license that has expired or has been suspended or revoked; (12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 of this title who does not possess a current and valid license for such work; or (13) Failing to satisfy within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensees profession. (b) The appropriate division may take any one or more of the following actions against any license holder found by the division to have committed any one or more of the acts listed in subsection (a) of this Code section: (1) Place the license holder on probation or reprimand the license holder; (2) Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license; (3) Require financial restitution to a consumer for financial harm directly related to a violation of a provision of this chapter; (4) Impose an administrative fine not to exceed $5,000.00 for each violation; (5) Require continuing education; or (6) Assess costs associated with the investigation and prosecution. (c) In determining penalties in any final order of the board or a division, the board or division shall follow the penalty guidelines established by the boards or divisions rules and regulations.

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(d) The board or a division may assess interest or penalties on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by rule, regulation, or final order. (e) If the board or a division finds any contractor has violated the provisions of this chapter, the board or division may as a part of its disciplinary action require such contractor to obtain continuing education in the areas of contracting affected by such violation.
43-41-17. (a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until two years after the effective date of this chapter. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting one year after the effective date of this chapter. The period for submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of six months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph (3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting 18 months after the effective date of this chapter and continuing thereafter. (b) As a matter of public policy, any contract entered into two or more years after the effective date of this chapter for the performance of work for which a residential contractor or general contractor license is required by this chapter and which is between an owner and a contractor who does not have a valid and current license required for such work in accordance with this chapter shall be unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this subsection, no lien or bond

MONDAY, MARCH 15, 2004

1891

claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this subsection. (c) Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the license, throughout the state and no municipality or county may require any such person licensed under this chapter to comply with any additional licensing requirements imposed by such municipality or county relative to the performance of construction work subject to the licensing requirements under this chapter. (d) Any person qualified by the Department of Transportation to perform construction work on roads, streets, bridges, highways, or railroads, and services incidental thereto, for the department shall not be required to be licensed under this chapter in order to perform work for the department. The general contractor division of the board, in agreement with the Department of Transportation, shall, by rule, define 'services incidental thereto' for the purposes of this subsection only. (e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plumbing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage in the performance of construction work or services directly with an owner, which work or services would otherwise require a general contractor license under this chapter, where the total scope of the work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that persons license. (f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner limited, specialty, or specific trade contractor work, which does not entail the delegation or assignment to or engagement of any other person or entity, other than direct employees, to supervise, manage, or oversee the performance of any portion of the work undertaken. However, nothing in this chapter shall permit a specialty contractor to perform work falling within

1892

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the licensing requirements of Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work. (g) Nothing in this chapter shall preclude a person from offering or contracting to perform or undertaking or performing for an owner repair work, provided that the person performing the repair work discloses to the owner that such person does not hold a license under this chapter and provided, further, that such work does not affect the structural integrity of the real property. (h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered for sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, if, under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or corporation did not intend such building solely for occupancy by that person and his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within the scope of that persons license. In any event, however, all such work must be done in conformity with all other applicable provisions of this title, the rules and regulations of the board and division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements. (i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer registered pursuant to Chapter 15 of this title from performing work or providing services within the scope of his or her registration for the practice of architecture or license for practicing engineering. (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer licensed pursuant to Chapter 15 of this title from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incident to the design-build performance shall be performed by a duly licensed general contractor in compliance with other provisions of this chapter and that all services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter.

MONDAY, MARCH 15, 2004

1893

(k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings classified as an agricultural occupancy or that are used for agricultural storage or agricultural purposes."
SECTION 2. This Act shall become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Westmoreland of the 86th, Powell of the 23rd and Boggs of the 145th move to amend HB 1003 by striking line 33 on page 4 and inserting in lieu thereof the following:
"consisting of 14 members, 12 of whom shall be appointed by the Governor and two of whom shall be appointed by the Speaker of the House of Representatives for five-year terms. The board shall".
By striking line 23 on page 5 and inserting in lieu thereof the following:
"(b) The residential contractor division shall consist of seven members, one of whom shall be appointed by the Speaker of the House of Representatives, and, except as".
By striking line 5 on page 6 and inserting in lieu thereof the following:
"(c) The general contractor division shall consist of seven members, one of whom shall be appointed by the Speaker of the House of Representatives, and, except as".
By striking lines 21 through 23 of page 6 and inserting in lieu thereof the following:
"(a) The initial members of the board shall be appointed by the Governor and the Speaker of the House of Representatives no later than July 30 of the year in which this chapter becomes effective. The board shall meet within 30 days after its appointment at a time and place to be designated by the".

The Committee substitute, as amended, was adopted.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y 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 E Bruce Y Buck
Buckner, D Buckner, G Y Bunn Y Burkhalter N 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
Douglas Y Drenner E Dukes Y Ehrhart Y Elrod Y Epps N Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner
Golick Y Graves, D Y Graves, T
Greene 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 Hill, C.A Hill, V
Y Hines Holmes
Y Houston Y Howard
Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson
Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford
Maddox Mangham Manning 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 Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Roberts, L Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Scott Y Shaw Y Sheldon

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snow
Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M
Thompson Y Walker, L
Walker, R.L E Warren Y Watson Y Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 138, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

MONDAY, MARCH 15, 2004

1895

Representatives Lucas of the 105th and Scott of the 138th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Anderson of the 100th, Howard of the 98th and Murphy of the 97th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Due to a mechanical malfunction, the vote of Representative Buckner of the 82nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1181. By Representatives Burkhalter of the 36th, O`Neal of the 117th, Golick of the 34th, Post 3, Coleman of the 118th and Buck of the 112th:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2004 and ending June 30, 2005; and for other purposes.

The following Committee substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; 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, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $15,294,294,737 (excluding

1896

JOURNAL OF THE HOUSE

indigent trust fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2005.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.

State Funds Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted

$ 34,619,712

$ 19,314,977

$ 5,490,512

$ 2,632,726

$

85,000

$

1,500

$

0

$

0

$

729,000

$

9,950

$

7,000

$

557,600

$

157,234

$

104,000

$ 3,070,527

$

712,686

$

95,000

$ 1,652,000

$ 34,619,712

$ 34,619,712

Senate Program Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Senate Budget Office Total

Total Funds State Funds

$ 6,128,403 $ 6,128,403

$ 1,127,184 $ 1,127,184

$ 1,200,088 $ 1,200,088

$

583,924 $

583,924

$ 9,039,599 $ 9,039,599

House Program Budgets

House of Representatives and Research Office

Total Funds State Funds $ 13,309,390 $ 13,309,390

MONDAY, MARCH 15, 2004

1897

Speaker of the House's Office Clerk of the House's Office Total

$

459,687 $

459,687

$ 1,581,161 $ 1,581,161

$ 15,350,238 $ 15,350,238

Joint Program Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee Total

Total Funds State Funds

$ 2,966,331 $ 2,966,331

$ 2,189,845 $ 2,189,845

$ 1,286,649 $ 1,286,649

$ 3,324,991 $ 3,324,991

$

462,059 $

462,059

$ 10,229,875 $ 10,229,875

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

1898

JOURNAL OF THE HOUSE

relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

$ 30,723,401

$ 26,416,911

$

849,490

$

400,000

$

0

$

20,000

$ 1,106,000

$

176,000

$

0

$ 1,423,000

$

332,000

$ 30,723,401

$ 30,723,401

PART II JUDICIAL BRANCH

Section 3. Judicial Branch.

State Funds Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted
State Funds Budgeted

$ 138,330,340

$ 17,233,693

$ 114,424,703

$ 5,397,197

$ 2,286,868

$

44,925

$

800,000

$

0

$ 140,187,386

$ 138,330,340

Judicial Branch Functional Budgets

MONDAY, MARCH 15, 2004

1899

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 Georgia Public Defender Standards Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution Total

Total Funds State Funds

$ 7,710,665 $ 7,710,665

$ 12,300,455 $ 12,210,455

$ 51,771,581 $ 51,771,581

$ 48,697,417 $ 46,930,371

$ 1,424,035 $ 1,424,035

$ 1,079,754 $ 1,079,754

$ 16,591,071 $ 16,591,071

$

255,445 $

255,445

$

0$

0

$

0$

0

$

356,963 $

356,963

$ 140,187,386 $ 138,330,340

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 Self Insurance Trust Fund 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

$ 29,931,176

$ 19,379,465

$ 2,740,194

$

293,660

$

20,418

$

125,582

$ 132,900,000

$ 2,699,150

$ 1,129,002

$

400,408

$

702,436

$

283,435

$

0

$

0

$ 1,050,156

$ 3,245,600

$

0

$

30,473

$

42,228

$

65,300

$

0

$ 15,518,160

$

87,994

1900

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 180,713,661 $ 29,931,176

Departmental Program Budgets

Administration Risk Management State Purchasing Fleet Management Space Management Surplus Property Mail and Courier US Post Office Service Contract Management Small and Minority Business Development Bulk Paper Sales Fiscal Services Administrative Hearings State Properties Commission Office of Treasury and Fiscal Services Total

Total Funds State Funds

$ 2,974,743 $ 1,650,942

$ 137,786,977 $

0

$ 4,047,406 $ 3,735,727

$ 2,293,618 $

477,194

$

487,224 $

487,224

$ 2,635,817 $

82,086

$ 1,349,668 $

54,484

$

279,803 $

134,335

$

136,746 $

0

$ 1,100,063 $ 1,100,063

$ 2,773,268 $

617,757

$ 17,074,505 $ 16,795,628

$ 4,471,257 $ 3,869,949

$

581,838 $

581,838

$ 2,720,728 $

343,949

$ 180,713,661 $ 29,931,176

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

$ 15,105,895

$ 6,449,140

$

14,800

$

100,000

$

200,000

$

307,000

$

15,071

$

281,700

$

657,089

$ 3,173,776

$ 3,667,413

$ 7,839,685

$

510,229

$ 3,151,435 $ 1,670,244

$ 43,143,477

$

0

MONDAY, MARCH 15, 2004

1901

Departmental Program Budgets

Administration Facilities Cafeteria Services Catering Services Day Care Van Pool Total

Total Funds State Funds

$

0$

0

$ 38,303,602 $

0

$ 2,065,013 $

0

$ 2,028,930 $

0

$

574,257 $

0

$

171,675 $

0

$ 43,143,477 $

0

C. Budget Unit: State Funds - Georgia Technology Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Rents and Maintenance Expense Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted

$

0

$ 53,587,988

$ 5,370,000

$

490,140

$

0

$

208,696

$ 37,508,558

$ 4,173,901

$

6,000

$ 11,173,226

$

300,000

$

0

$ 82,323,000

$

501,019

$ 3,481,106

$

0

$ 199,123,634

$

0

Departmental Program Budgets

Administration Acquisition Management Project Management IT Policy, Standards and Architecture State Data Center Telecommunication Services Information Security Operations Application Development

Total Funds State Funds

$ 20,952,365 $

0

$

927,230 $

0

$ 2,169,971 $

0

$ 3,422,352 $

0

$ 45,878,867 $

0

$ 103,961,486 $

0

$ 1,413,713 $

0

$ 11,423,094 $

0

1902

JOURNAL OF THE HOUSE

Financial Systems Contact Center Multi-Media Production Total

$ 7,798,048 $

0

$

925,179 $

0

$

251,329 $

0

$ 199,123,634 $

0

Section 5. Department of Agriculture.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted
State Funds Budgeted

$ 36,887,208

$ 32,961,788

$ 3,850,488

$ 1,043,708

$

0

$

291,598

$

664,341

$ 1,188,343

$

375,509

$

33,500

$ 1,341,998

$

566,619

$ 3,189,678

$ 2,889,986

$

142,000

$

10,000

$

425,000

$

653,000

$

0

$

37,050

$

0

$ 49,664,606

$ 36,887,208

Departmental Program Budgets

Consumer Protection Marketing and Promotion Administration Total

Total Funds State Funds $ 34,624,539 $ 26,579,040 $ 8,912,265 $ 5,329,822 $ 6,127,802 $ 4,978,346 $ 49,664,606 $ 36,887,208

MONDAY, MARCH 15, 2004

1903

Section 6. Department of Banking and Finance.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 10,183,755

$ 8,738,409

$

269,025

$

308,557

$

0

$

2,347

$

170,978

$

565,436

$

117,004

$

11,999

$

0

$ 10,183,755

$ 10,183,755

Departmental Program Budgets

Financial Institution Supervision Mortgage Supervision Chartering, Licensing and Applications/
Non-Mortgage Entities Consumer Assistance and Protection Administration Total

Total Funds State Funds $ 5,986,216 $ 5,986,216 $ 1,739,522 $ 1,739,522

$

310,216 $

310,216

$

384,213 $

384,213

$ 1,763,588 $ 1,763,588

$ 10,183,755 $ 10,183,755

Section 7. Department of Community Affairs.

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 Contracts for Regional Planning and Development

$ 26,671,466

$ 47,123,333

$ 23,175,653

$ 1,923,412

$

668,662

$

0

$

166,022

$

573,436

$ 1,483,541

$

527,611

$

966,363

$

514,025

$ 1,779,593

1904

JOURNAL OF THE HOUSE

Local Assistance Grants Appalachian Regional Commission Assessment HUD -Community Development Block Pass thru
Grants Community Service Grants Home Program Local Development Fund Payment to State Housing Trust Fund Regional Economic Business Assistance Grants-
GHFA Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance GHFA- Gerogia Cities Foundation Georgia Leadership Infrastructure Investment Fund Quality Growth Program Payment to Georgia Environmental Facilities
Authority Payments to Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$

92,500

$

163,000

$ 30,000,000

$ 5,000,000

$ 3,122,606

$

0

$ 2,778,750

$ 2,667,600

$

0

$ 1,250,000

$ 50,000,000

$

694,687

$

0

$

0

$

291,375

$

733,580

$ 4,118,494

$ 47,123,333

$ 179,814,243

$ 47,123,333

$ 26,671,466

Departmental Program Budgets

Administration Homeownership Programs Rental Housing Programs Special Housing Initiatives Building Construction Coordinated Planning Federal Community and Economic Development
Programs State Economic Development Programs State Community Development Programs Georgia Music Hall of Fame Environmental Education and Assistance Regional Services Data and Research Pass - Thru

Total Funds State Funds

$ 4,601,920 $ 1,696,014

$ 3,915,171 $

0

$ 62,009,395 $ 3,122,649

$ 5,444,689 $ 2,778,794

$

560,820 $

374,431

$ 3,020,017 $ 3,020,017

$ 37,835,547 $

878,757

$ 3,815,848 $ 3,788,115

$ 1,397,498 $ 1,397,498

$ 1,224,010 $

749,196

$

576,922 $

576,922

$ 1,983,389 $ 1,983,389

$

656,833 $

656,833

$

505,402 $

505,402

MONDAY, MARCH 15, 2004

1905

Georgia Environmental Facilities Authority Georgia Sports Hall of Fame Georgia Regional Transportation Authority One Georgia Total

$

291,375 $

$

733,580 $

$ 4,118,494 $

$ 47,123,333 $

$ 179,814,243 $

291,375 733,580 4,118,494 47,123,333 73,794,799

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 HMO Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Medical Student Capitation Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 1,797,165,821

$ 53,116,681

$ 33,451,401

$ 8,596,198

$

288,188

$

0

$

76,291

$ 92,704,195

$ 1,793,945

$

910,016

$ 1,350,873

$ 107,705,104

$ 285,327,050

$ 5,438,806,749

$ 1,097,500

$

0

$

183,244

$

544,826

$

0

$

50,511

$

300,757

$

728,000

$ 3,646,792

$ 1,941,782

$

0

$ 3,428,706

$ 18,097,862

$ 10,202,628

$

401,225

$

418,046

$

105,780

$ 6,012,157,669

$ 53,116,681 $ 1,797,165,821

1906

JOURNAL OF THE HOUSE

Departmental Program Budgets

Medicaid State Health Benefit Plan Health Care Regulation and Licensing Health Care Access and Improvement Health Care Workforce Planning and Development Administration State Medical Education Board Georgia Board for Physician Workforce Total

Total Funds State Funds

$ 5,626,142,841 $ 1,794,169,835

$ 317,170,433 $

0

$ 4,026,368 $ 3,705,811

$ 4,179,959 $ 3,531,988

$

0$

0

$ 20,546,916 $ 8,783,716

$ 1,310,994 $ 1,310,994

$ 38,780,158 $ 38,780,158

$ 6,012,157,669 $ 1,850,282,502

B. Budget Unit: State Funds - Indigent Care Trust Fund
Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

$ 109,858,305

$

0

$ 8,200,000

$ 360,067,504

$ 272,609,642

$ 640,877,146

$ 148,828,880

$ 382,189,961

$ 109,858,305

C. Budget Unit: State Funds - PeachCare for Kids Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 72,045,319

$ 4,970,705

$

371,823

$

165,254

$

45,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 10,304,101

$ 260,406,775

$ 271,292,953

$ 4,970,705

$ 72,045,319

MONDAY, MARCH 15, 2004

1907

Section 9. Department of Corrections.

State Funds - Administration, Institutions and Probation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding State Funds Budgeted

$ 899,842,879

$ 547,973,826

$ 64,457,888

$ 1,673,136

$

412,720

$ 2,559,774

$ 5,211,254

$ 7,690,886

$ 7,069,475

$

67,637

$ 79,575,955

$

0

$ 26,667,463

$ 1,300,000

$ 37,726,400

$ 6,450,000

$

0

$

0

$ 4,268,025

$ 1,627,150

$

577,160

$ 1,450,000

$ 128,724,601

$

388,220

$

0

$ 925,871,570

$

450,000

$ 899,842,879

Departmental Program Budgets

Administration State Prisons Probation Supervision Health Food and Farm Operations Offender Management

Total Funds State Funds $ 62,756,326 $ 61,445,779 $ 419,133,706 $ 409,600,583 $ 76,679,867 $ 76,679,867 $ 21,530,966 $ 21,530,966 $ 43,212,258 $ 40,655,599 $ 4,137,399 $ 4,078,467

1908

JOURNAL OF THE HOUSE

Private Prisons Transition Centers Probation Detention Centers Parole Revocation Centers Probation Diversion Centers Bainbridge PSATC Probation Boot Camps Total

$ 5,297,067 $ 4,955,535 $ 50,882,789 $ 50,882,789 $ 14,018,041 $ 13,445,586 $ 143,496,750 $ 135,032,541 $ 64,922,472 $ 64,922,472 $ 16,483,226 $ 13,302,392 $ 3,320,703 $ 3,310,303 $ 925,871,570 $ 899,842,879

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
Total Funds Budgeted
State Funds Budgeted

$ 7,547,483

$ 17,829,122

$ 23,102,725

$

90,875

$

0

$

52,800

$

68,625

$

43,211

$ 1,022,261

$ 1,341,895

$

244,000

$

0

$

9,930

$ 43,805,444

$ 7,547,483

Departmental Program Budgets

Readiness Civil Support Facilities Administration Total

Total Funds State Funds

$

472,855 $

472,855

$ 7,775,609 $ 2,964,723

$ 33,008,703 $ 1,922,561

$ 2,548,277 $ 2,187,344

$ 43,805,444 $ 7,547,483

Section 11. State Board of Education

A. Budget Unit: State Funds - Department of Education
Tobacco Funds Operations:

$ 5,958,687,844

$

0

MONDAY, MARCH 15, 2004
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Five Mill Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program - 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

1909

$ 41,232,254

$ 5,442,058

$

794,301

$

0

$

225,303

$ 1,135,404

$ 1,327,400

$ 19,413,415

$ 8,547,881

$

683,194

$

772,896

$

0

$ 1,707,110,524

$ 1,564,815,699

$ 765,460,363

$ 70,492,962

$ 70,537,965

$ 202,846,671

$ 796,138,993

$ 192,300,693

$ 22,033,782

$ 47,742,553

$ 31,135,509

$ 149,198,288

$ 922,876,443

$ 150,367,887

$(1,290,772,712)

$

0

$

0

$ 341,006,547

$ 6,352,443

$

826,722

$

375,000

$ 3,811,974

$ 7,325,349

$ 46,238,748

$ 16,909,425

$

50,464

$ 309,883,868

1910

JOURNAL OF THE HOUSE

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 Title II Math/Science Grant (Federal) Migrant Education (State) Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education at State Institutions Byrd Honor Scholarships Title 1-F, Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Class Size Reduction Grants For School Nurses Reading and Math Programs Student Testing Internet Access School Improvement Teams Communities in Schools Georgia Learning Connection

$ 6,106,270

$ 191,495,397

$ 5,508,750

$

0

$ 1,658,859

$

719,129

$ 188,375,722

$

0

$ 1,448,517

$ 2,667,165

$ 23,371,885

$ 1,099,132

$

0

$ 1,608,000

$

150,000

$ 10,567,629

$ 34,433,962

$ 7,271,436

$

639,390

$ 9,389,202

$

0

$ 107,826,070

$

0

$

267,535

$ 11,111,789

$ 63,248,367

$ 3,307,365

$ 3,556,873

$ 1,180,500

$ 8,478,748

$

250,000

$ 10,403,035

$

0

$ 5,361,125

$

0

$ 30,000,000

$ 50,365,172

$ 11,125,646

$ 3,644,339

$ 11,636,228

$ 1,320,623

$

0

MONDAY, MARCH 15, 2004

1911

Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A Improving Teacher Quality Title II-D Enhancing Education Thru Technology Title III-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income Temporary QBE Reduction Austerity Adjustments
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted State Funds Budgeted

$

0

$

0

$

0

$ 8,548,626

$ 2,000,255

$ 72,790,696

$ 17,712,888

$ 6,786,358

$ 8,691,764

$ 6,941,585

$ (196,081,745)

$

0

$ 6,951,624,553

$

0

$

0

$ 5,958,687,844

Departmental Program Budgets

School Improvement Curriculum Testing Special Education Limited English Proficient Staff Development Core K-12 Remedial Education Alternative Education Gifted Education Technology Career Education Agriculture Education Pupil Transportation Health and Nutrition Facilities Services Data Collection and Technology Services School Leadership RESAs Flow Through Funding Total

Total Funds State Funds $ 44,004,434 $ 17,844,699 $ 58,729,967 $ 36,942,686 $ 23,520,677 $ 14,089,407 $ 1,022,004,900 $ 815,794,402 $ 68,521,448 $ 61,735,090 $ 112,837,617 $ 40,307,663 $ 3,431,425,677 $ 3,067,139,048 $ 466,864,824 $ 466,864,824 $ 67,413,588 $ 65,413,333 $ 166,196,031 $ 165,010,273 $ 234,535,884 $ 200,104,831 $ 8,596,475 $ 7,536,330 $ 257,594,999 $ 35,182,484 $ 151,036,685 $ 151,018,280 $ 1,693,937 $ 1,345,714 $ 16,338,361 $ 12,774,244 $ 675,091,178 $ 675,091,178 $ 11,111,789 $ 11,111,789 $ 134,106,082 $ 113,381,569 $ 6,951,624,553 $ 5,958,687,844

B. Budget Unit: Lottery for Education

$

0

1912

JOURNAL OF THE HOUSE

Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted Lottery Funds Budgeted
C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards of Care
Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted
Section 12. Employees' Retirement System.
State Funds Personal Services Regular Operating Expenses

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$ 1,134,004

$ 263,830,987

$ 2,168,985

$ 4,909,478

$ 1,195,616

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$ 88,195,529

$

700,000

$ 361,092,012

$ 270,909,450 $ 1,134,004

$

652,347

$ 3,733,272

$

724,190

MONDAY, MARCH 15, 2004

1913

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Benefits to Retirees

Total Funds Budgeted State Funds Budgeted

$

29,000

$

0

$

12,450

$ 1,269,710

$

561,189

$

94,015

$ 1,090,999

$ 3,500,000

$

617,000

$ 11,631,825

$

652,347

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
Total Funds Budgeted
State Funds Budgeted

$ 32,768,241

$ 28,876,024

$ 5,526,404

$

111,311

$

894,579

$ 1,977,651

$

357,000

$

11,518

$

711,251

$

9,500

$

498,260

$

60,000

$

0

$

0

$ 39,033,498

$ 32,768,241

Departmental Program Budgets

Reforestation Forest Protection Forest Management Administration Total

Total Funds State Funds $ 2,025,740 $ (15,251) $ 29,788,387 $ 26,911,776 $ 4,000,136 $ 2,820,636 $ 3,219,235 $ 3,051,080 $ 39,033,498 $ 32,768,241

Section 14. Georgia Bureau of Investigation.

1914

JOURNAL OF THE HOUSE

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 59,159,985

$ 47,890,126

$ 5,515,403

$

383,950

$

233,921

$

198,636

$

398,200

$

512,904

$ 1,128,332

$ 1,975,955

$ 2,360,359

$

288,667

$

0

$ 4,000,000

$ 27,783,371

$ 92,669,824

$ 59,159,985

Departmental Program Budgets

Centralized Scientific Services Regional Forensic Services Criminal Justice Information Services Regional Investigative Services Special Operations Unit State Health Care Fraud Unit Georgia Information Sharing Analysis Center Task Forces Fugitive Squads D.A.R.E. Criminal Justice Coordinating Council Administration Total

Total Funds State Funds

$ 10,765,714 $ 10,765,714

$ 7,188,828 $ 7,188,828

$ 10,286,125 $ 10,286,125

$ 20,198,015 $ 20,198,015

$

692,460 $

692,460

$ 1,127,024 $ 1,127,024

$

791,937 $

791,937

$ 1,178,365 $ 1,178,365

$

0$

0

$

0$

0

$ 33,812,720 $

315,653

$ 6,628,636 $ 6,615,864

$ 92,669,824 $ 59,159,985

Section 15. Office of the Governor.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 36,815,810

$ 20,863,976

$ 1,453,380

$

343,068

$

0

MONDAY, MARCH 15, 2004

1915

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
Total Funds Budgeted
State Funds Budgeted

$

55,911

$

417,968

$ 1,145,891

$

504,565

$ 1,349,833

$ 3,249,641

$ 4,443,065

$

40,000

$ 3,861,681

$

358,595

$ 3,374,509

$

274,194

$

254,499

$

0

$

0

$ 1,085,000

$

0

$

57,000

$

0

$

111,930

$ 43,244,706

$ 36,815,810

Departmental Program Budgets

Governor's Office Georgia Commission on Equal Opportunity Office of Planning and Budget Georgia Council for the Arts Office of Consumer Affairs Office of Child Advocate Professional Standards Commission Georgia Emergency Management Agency Office of Education Accountability Office of the Inspector General Office of Homeland Security Total

Total Funds State Funds

$ 8,703,341 $ 8,703,341

$ 1,120,862 $

733,645

$ 8,012,757 $ 8,012,757

$ 4,794,891 $ 4,130,798

$ 3,898,413 $ 3,330,724

$

725,410 $

725,410

$ 6,468,760 $ 6,356,830

$ 6,509,954 $ 2,077,987

$ 1,420,073 $ 1,154,073

$

905,545 $

905,545

$

684,700 $

684,700

$ 43,244,706 $ 36,815,810

Section 16. Department of Human Resources.

State Funds

$ 1,333,661,832

1916

JOURNAL OF THE HOUSE

Tobacco Funds Brain and Spinal Trust Fund Personal Services
Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Postage Mental Health Operating Expenses Service Benefits for Children Purchase of Service Contracts Payments to DCH-Medicaid Benefits Grants to County DFCS - Operations Special Purpose Contracts Grant-In-Aid to Counties Medical Benefits Case Services Children's Trust Fund Cash Benefits Major Maintenance and Construction Community Services Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund State Funds Budgeted

$ 44,766,104

$ 3,000,000

$ 456,617,233

$ 86,292,542

$ 4,777,609

$

200,000

$

914,132

$ 52,048,832

$ 12,227,112

$ 18,278,705

$ 13,261,319

$ 50,897,104

$ 9,483,001

$ 4,692,271

$ 57,851,348

$ 472,949,597

$ 140,091,666

$ 38,527,677

$ 385,514,984

$ 7,661,714

$ 155,747,026

$ 6,138,072

$

0

$ 7,257,400

$ 129,303,498

$ 2,154,607

$ 472,784,606

$ 2,750,840

$ 2,588,422,895

$ 5,620,100

$ 44,766,104

$ 3,000,000

$ 1,333,661,832

Departmental Program Budgets

Child Support Establishment, Collection and Enforcement
Community Care Services Program Contracted Client Transportation Services Elder Abuse and Fraud Prevention

Total Funds State Funds $ 68,671,949 $ 15,614,514

$ 57,832,940 $ 48,203,139

$ 20,116,698 $ 4,025,191

$

100,486 $

5,097

MONDAY, MARCH 15, 2004

1917

Fatherhood Initiative

$

Health Promotion and Disease Prevention (Wellness) $

Home and Community Based Services Program

$

Post Adoption Services

$

Pre-Adoption Services

$

Regulatory Compliance

$

Council on Aging

$

Brain and Spinal Injury Trust Fund Authority

$

Governor's Council on Developmental Disabilities $

Family Connection Partnership

$

Adolescent Health and Youth Development

$

Cancer Screening and Prevention

$

Children with Special Needs

$

Chronic Disease Reduction-Health Promotion

$

Chronic Disease Treatment and Control

$

Emergency Preparedness/Bioterrorism

$

Epidemiology

$

High Risk Pregnant Women and Infants

$

HIV/AIDS

$

Immunization

$

Infant and Child Health Services

$

Injury Prevention

$

Laboratory Services

$

Refugee Health Program

$

Sexually Transmitted Diseases Treatment and Control $

Tobacco Use Prevention

$

Tuberculosis Treatment and Control

$

Vital Records

$

Women, Infants and Children-Nutrition (WIC)

$

Women's Health Services

$

Adoption Services and Supplements

$

Adult Protective Services

$

Child Care

$

Child Protective Services

$

Energy Assistance

$

Family Violence Services

$

Food Stamp Program

$

Independent and Transitional Living Services

$

Medicaid Eligibility Determination

$

Out of Home Care

$

Support for Needy Families

$

Refugee Resettlement

$

Children's Trust Fund Commission

$

120,000 $ 480,015 $ 42,998,024 $ 2,814,009 $ 5,377,873 $ 34,240,420 $ 146,991 $ 3,000,000 $ 2,275,275 $ 9,478,587 $ 15,656,795 $ 6,375,903 $ 31,349,959 $ 1,536,795 $ 9,272,545 $ 2,801,602 $ 4,715,237 $ 5,055,227 $ 24,209,334 $ 18,664,675 $ 20,592,953 $ 255,988 $ 7,877,630 $ 4,241,026 $ 6,614,908 $ 11,427,252 $ 8,917,811 $ 2,264,558 $ 85,406,963 $ 29,714,994 $ 49,598,248 $ 12,890,766 $ 194,876,468 $ 135,359,351 $ 9,914,077 $ 4,525,808 $ 65,134,802 $ 4,429,568 $ 57,477,267 $ 277,305,131 $ 225,352,640 $ 3,680,543 $ 6,934,181 $

0 0 19,517,128 1,873,605 3,505,517 24,827,129 146,991 3,000,000 27,535 9,203,587 3,648,534 6,375,903 21,283,355 1,536,795 8,061,668 2,801,602 4,355,997 4,925,227 17,347,617 9,995,253 14,722,886 143,983 7,607,630 4,124,882 4,339,321 11,427,252 7,318,850 1,983,776 450,000 9,481,201 27,778,738 5,118,538 57,746,800 55,714,826 736,822 4,241,744 22,958,291 594,815 25,617,187 147,232,203 77,522,592 498,756 6,934,181

1918

JOURNAL OF THE HOUSE

Child Fatality Review Panel Employment Services-MH/DD/AD Community Services-Adult Community Services-Child and Adolescent Outdoor Therapeutic Program State Hospital Facilities State Hospital Facilities-Other Care State Hospital Facilities-Special Care Substance Abuse Prevention TANF Services-MH/DD/AD Administration Total

$

331,507 $

331,507

$ 28,047,819 $ 22,941,314

$ 350,661,828 $ 284,669,685

$ 88,524,346 $ 72,563,143

$ 4,197,412 $ 3,256,720

$ 135,795,821 $ 113,049,201

$ 163,998,034 $ 68,682,934

$ 21,132,265 $ 13,578,738

$ 10,653,186 $

537,380

$ 11,744,000 $

0

$ 181,252,405 $ 97,240,656

$ 2,588,422,895 $ 1,381,427,936

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
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted

$ 25,249,313

$

0

$ 12,694,658 $ 1,228,173

$

564,656

$

0

$

15,597

$

376,336

$

793,884

$

416,120

$

30,000

$

859,123

$

244,335

$ 7,977,681

$

0

$

0

$

48,750

$

0

$

0

$

0

$

0

$ 25,249,313

$

0

$ 25,249,313

MONDAY, MARCH 15, 2004

1919

Departmental Program Budgets

Administration

$

Recruitment, Expansion and Retention

$

Tourism Sales

$

Tourism Marketing and Promotion

$

Regional Existing Business/

Entrepreneurial Development

$

International Trade Development and Special Projects $

Export Assistance/Statewide Outreach

$

Office of Science and Technology Business

$

Development

Product Development

$

Communication, Policy and Research Development $

Film, Music and Video

$

International Protocol

$

Total

$

Total Funds 4,317,690 $ 4,628,707 $ 2,367,066 $ 5,372,115 $
1,988,796 $ 1,104,123 $ 1,110,402 $ 1,567,412 $
716,788 $ 203,921 $ 919,235 $ 953,058 $ 25,249,313 $

State Funds 4,317,690 4,628,707 2,367,066 5,372,115
1,988,796 1,104,123 1,110,402 1,567,412
716,788 203,921 919,235 953,058 25,249,313

Section 18. Department of Insurance.

State Funds Personal Services
Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Health Care Utilization Review
Total Funds Budgeted
State Funds Budgeted

$ 16,058,187

$ 14,636,796

$

702,947

$

383,030

$

80,176

$

20,000

$

223,000

$

622,028

$

353,700

$

86,042

$

0

$

0

$ 17,107,719

$ 16,058,187

Departmental Program Budgets

Insurance Regulation Fire Safety Special Fraud

Total Funds State Funds

$ 2,235,127 $ 2,235,127

$ 5,316,812 $ 5,316,812

$

528,903 $

528,903

1920

JOURNAL OF THE HOUSE

Enforcement Industrial Loan Administration Total

$ 5,541,847 $ 4,492,315

$

772,367 $

772,367

$ 2,712,663 $ 2,712,663

$ 17,107,719 $ 16,058,187

Section 19. Department of Juvenile Justice.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted
State Funds Budgeted

$ 272,202,934

$ 164,887,498

$ 14,431,963

$ 2,152,240

$

258,110

$

767,835

$ 3,559,344

$ 4,194,319

$ 2,303,842

$ 4,006,822

$ 5,348,093

$ 3,515,077

$

360,000

$

0

$ 85,232,877

$

0

$

0

$

200,000

$ 1,532,150

$

0

$ 292,750,170

$ 272,202,934

Departmental Program Budgets

Administration Community Supervision Non-Secure Detention Non-Secure Commitment Secure Detention (RYDC's) Secure Commitment (YDC's) Secure Short Term (YDC's) Children and Youth Coordinating Council Total

Total Funds State Funds

$ 25,020,921 $ 25,020,921

$ 38,234,295 $ 33,936,007

$ 9,452,872 $ 9,452,872

$ 52,739,877 $ 43,082,334

$ 81,664,197 $ 80,071,664

$ 57,061,098 $ 54,762,664

$ 26,049,489 $ 25,087,051

$ 2,527,421 $

789,421

$ 292,750,170 $ 272,202,934

MONDAY, MARCH 15, 2004

1921

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 Per Diem and Fees Contracts Payments to State Treasury WIA Contracts
Total Funds Budgeted
State Funds Budgeted

$ 12,760,692

$ 86,404,518

$ 7,334,142

$ 1,464,753

$

34,858

$

564,838

$ 2,687,138

$ 2,817,585

$ 1,898,565

$ 2,767,642

$ 1,496,138

$ 1,287,478

$ 54,500,000

$ 163,257,655

$ 12,760,692

Departmental Program Budgets

Unemployment Services Workforce Development Safety Inspections Labor Market Information Commission On Women Departmental Administration Total

Total Funds State Funds

$ 45,406,101 $ 4,494,625

$ 97,090,431 $ 3,062,921

$ 2,710,314 $ 1,285,982

$ 2,887,440 $

308,887

$

93,172 $

93,172

$ 15,070,197 $ 3,515,105

$ 163,257,655 $ 12,760,692

B. Budget Unit: State Funds - Division of
Rehabilitation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts

$ 26,960,493

$ 93,289,369

$ 14,030,595

$ 2,003,222

$

39,095

$ 1,085,790

$ 2,573,235

$ 6,022,313

$ 2,953,221

$ 7,314,026

$ 4,407,781

1922

JOURNAL OF THE HOUSE

Major Maintenance and Construction Special Purpose Contracts Purchase of Service Contracts Case Services
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted

$

255,000

$ 1,157,438

$ 12,203,348

$ 41,304,191

$ 188,638,624

$

150,000

$ 26,960,493

Divisional Program Budgets

Vocational Rehabilitation Business Enterprises Disability Adjudication Services Georgia Industries for the Blind Roosevelt Warm Springs Institute Administration Total

Total Funds State Funds

$ 84,910,605 $ 16,872,422

$ 1,641,909 $

338,781

$ 55,297,080 $

0

$ 11,782,598 $

683,223

$ 30,215,847 $ 6,505,757

$ 4,790,585 $ 2,560,310

$ 188,638,624 $ 26,960,493

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
Total Funds Budgeted
State Funds Budgeted

$ 13,932,965

$ 14,054,337

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

155,913

$ 19,350,000

$

0

$

150,000

$

0

$ 35,728,553

$ 13,932,965

Section 22. Merit System of Personnel Administration.

State Funds Personal Services

$

0

$ 8,709,729

MONDAY, MARCH 15, 2004

1923

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

$

717,746

$

133,213

$

0

$

700,578

$

196,697

$

702,053

$ 1,627,172

$

170,413

$

841,601

$ 13,799,202

$

0

$ 1,573,802

$ 11,295,457

$

929,943

$

0

Departmental Program Budgets

Workforce Development Total Compensation and Rewards Recruitment and Staffing Services Administration. Total

Total Funds $ 3,258,181 $ $ 5,102,705 $ $ 1,307,371 $ $ 4,130,945 $ $ 13,799,202 $

State Funds 0 0 0 0 0

Section 23. Department of Motor Vehicle Safety.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Motor Vehicle Tag Purchase Post Repairs Conviction Reports

$ 79,109,649

$ 57,330,684

$ 6,980,949

$

480,435

$

327,223

$

338,032

$ 12,461,537

$ 2,730,422

$ 2,520,810

$

329,835

$ 1,315,346

$

0

$ 2,000,000

$

0

$

329,824

1924

JOURNAL OF THE HOUSE

Driver's License Processing Postage Investment for Modernization
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding State Funds Budgeted

$ 2,990,324

$

750,000

$

0

$ 90,885,421

$ 9,278,777

$

0

$ 79,109,649

Departmental Program Budgets

Administration License Issuance Motorcycle Safety Tag and Title Registration Salvage Inspection Commercial Vehicle and HOV Enforcement Total

Total Funds State Funds

$ 12,549,870 $ 12,427,991

$ 36,807,292 $ 35,827,292

$

0$

0

$ 24,414,140 $ 23,434,140

$ 1,678,356 $ 1,678,356

$ 15,435,763 $ 5,741,870

$ 90,885,421 $ 79,109,649

Section 24. Department of Natural Resources.

A. Budget Unit: State Funds - Department of Natural Resources
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay: New Construction Repairs and Maintenance Wildlife Management Area Land Acquisition Paving at State Parks and Historic Sites

$ 95,035,554

$ 86,387,447

$ 14,911,799

$

849,126

$

310,000

$ 1,349,532

$ 3,374,242

$ 1,207,381

$ 5,670,342

$

621,000

$ 1,374,959

$

0

$

689,910

$ 1,293,300

$

635,734

$ 3,314,750

$

982,330

$

500,000

MONDAY, MARCH 15, 2004

1925

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
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding State Funds Budgeted

$

800,000

$

129,276

$

0

$

92,750

$

0

$ 3,595,077

$

0

$

0

$ 1,640,444

$

383,687

$

100,000

$

31,000

$

24,000

$

832,425

$

0

$ 131,100,511

$

940,190

$

0

$ 1,331,931

$ 1,434,982

$

200,000

$ 95,035,554

Departmental Program Budgets

Administration Land Conservation Historic Preservation Parks and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Georgia Games Commission

Total Funds State Funds

$ 10,797,110 $ 10,797,110

$

327,513 $

327,513

$ 2,369,742 $ 1,879,742

$ 38,619,653 $ 19,027,864

$ 2,338,845 $ 2,167,983

$ 35,400,577 $ 29,896,340

$ 40,781,035 $ 30,576,879

$

373,286 $

269,373

$

92,750 $

92,750

1926

JOURNAL OF THE HOUSE

Civil War Commission Total

$

0$

0

$ 131,100,511 $ 95,035,554

B. Budget Unit: State Funds - Georgia

Agricultural Exposition Authority

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay

Total Funds Budgeted

State Funds Budgeted

$

0

$ 3,231,469

$ 2,225,631

$

10,000

$

0

$

31,635

$

20,000

$

0

$

80,000

$

89,167

$

754,000

$

0

$ 6,441,902

$

0

C. Budget Unit: State Funds - Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale
Total Funds Budgeted
State Funds Budgeted

$

0

$

904,121

$

175,000

$

1,790

$

0

$

8,830

$

1,000

$

0

$

15,000

$

0

$

5,000

$

67,711

$

80,000

$ 1,258,452

$

0

D. Budget Unit: State Funds - Southwest Georgia Railroad Excursion Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$

0

$

0

$

233,000

$

5,000

$

0

MONDAY, MARCH 15, 2004

1927

Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Capital Outlay Goods for Resale

Total Funds Budgeted State Funds Budgeted

$

0

$

0

$

0

$

8,291

$

253,722

$

204,644

$

0

$

0

$

704,657

$

0

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

Total Funds Budgeted

State Funds Budgeted

$ 44,972,433

$ 36,855,112

$ 1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$ 1,002,721

$

423,304

$ 1,232,829

$

617,500

$

20,000

$ 45,464,583

$ 44,972,433

Departmental Program Budgets

Administration Clemency Decision Parole Supervision Total

Total Funds State Funds $ 3,480,538 $ 3,480,538 $ 10,480,850 $ 10,480,850 $ 31,503,195 $ 31,011,045 $ 45,464,583 $ 44,972,433

Section 26. Department of Public Safety.

A. Budget Unit: State Funds - Department of Public Safety

$ 73,818,807

1928

JOURNAL OF THE HOUSE

Operations Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted

$ 62,942,760

$ 7,940,850

$

81,145

$ 3,359,986

$

308,028

$

654,000

$

100,695

$ 1,731,489

$

254,772

$

274,333

$

316,237

$

0

$

0

$ 77,964,295

$

990,000

$ 73,818,807

Departmental Program Budgets
Administration Field Offices and Services Aviation Specialized Collision Reconstruction Teams Troop J Specialty Unit Multi-Jurisdictional Task Forces Executive Security Capitol Police Excess Property Total

Total Funds State Funds

$ 16,299,212 $ 15,455,159

$ 50,865,036 $ 50,715,036

$ 2,265,960 $ 2,265,960

$ 2,089,551 $ 2,089,551

$ 2,242,271 $ 2,242,271

$

0$

0

$ 1,050,830 $ 1,050,830

$ 3,151,435 $

0

$

0$

0

$ 77,964,295 $ 73,818,807

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

$ 14,067,196

$ 10,507,458

$ 2,591,325

$

118,552

$

0

$

140,592

$

253,767

$

329,147

MONDAY, MARCH 15, 2004

1929

Telecommunications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted

$

303,858

$

191,337

$

701,771

$ 2,525,200

$ 1,210,546

$

0

$ 18,873,553

$ 14,067,196

Departmental Program Budgets

Office of Highway Safety Georgia Peace Officers Standards and Training Police Academy Fire Academy Georgia Firefighters Standards and Training Council Georgia Public Safety Training Facility Total

Total Funds State Funds

$ 3,699,803 $

532,376

$ 1,989,301 $ 1,985,698

$ 1,276,869 $ 1,155,236

$ 1,177,938 $ 1,024,749

$

437,838 $

437,632

$ 10,291,804 $ 8,931,505

$ 18,873,553 $ 14,067,196

Section 27. Public School Employees' Retirement System.

State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

$ 1,420,696

$

587,500

$

833,196

$ 1,420,696

$ 1,420,696

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

$ 8,358,119

$ 6,653,910

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

501,964

$

117,773

$

776,105

$

20,000

1930

JOURNAL OF THE HOUSE

Total Funds Budgeted State Funds Budgeted

$ 8,631,430 $ 8,358,119

Departmental Program Budgets

Administration Utilities Regulation Program Utility Facilities Protection Georgia No Call Total

Total Funds State Funds

$ 1,238,217 $ 1,238,217

$ 6,527,121 $ 6,527,121

$

838,481 $

565,170

$

27,611 $

27,611

$ 8,631,430 $ 8,358,119

Section 29. Board of Regents, University System of Georgia.

A. Budget Unit: State Funds - Resident Instruction Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted State Funds Budgeted

$ 1,516,899,134 $ 6,243,177

$ 1,672,163,409 $ 503,438,312

$ 398,571,806

$ 755,196,564

$ 28,403,235

$

934,374

$

310,421

$

908,039

$ 26,849,808

$ 95,063,332

$ 3,481,839,300

$ 132,560,254

$ 1,258,634,876

$ 564,462,359

$ 3,039,500

$

0

$ 6,243,177

$ 1,516,899,134

Departmental Program Budgets

Teaching

Total Funds State Funds $ 3,170,669,236 $ 1,381,682,790

MONDAY, MARCH 15, 2004

1931

Research Public Service Total

$ 278,888,179 $ 109,177,636 $ 32,281,885 $ 32,281,885 $ 3,481,839,300 $ 1,523,142,311

B. Budget Unit: State Funds - Regents Central Office and Other Organized Activities
Tobacco Funds Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Rental Payments to Georgia Military College Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System Georgia Medical College Health, Inc.
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$ 188,939,873

$

0

$ 123,845,638 $ 75,862,198

$ 48,765,306 $ 41,236,508 $ 2,521,914

$ 23,909,767

$

0

$

0

$ 7,540,629

$

92,154

$

0

$ 2,344,723

$ 17,321,868

$ 32,987,470

$

0

$ 31,509,683

$ 407,937,858

$ 8,961,113 $ 130,889,335 $ 87,565,150

$

543,500

$

0

$ 188,939,873

Regents Central Office and Other Organized Activities

Marine Resources Extension Center Skidaway Institute of Oceanography

Total Funds State Funds $ 2,658,017 $ 1,473,217 $ 6,580,062 $ 1,607,123

1932

JOURNAL OF THE HOUSE

Marine Institute Georgia Tech Research Institute Advanced Technology Development Center/
Economic Development Institute Agricultural Experiment Station Cooperative Extension Service 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 GPTC UGA Forestry Department Total

$ 1,714,031 $

946,398

$ 129,133,391 $ 7,551,514

$ 23,909,767 $ 8,893,767

$ 73,440,320 $ 40,999,058

$ 54,249,385 $ 34,455,248

$ 3,338,641 $ 3,338,641

$ 7,168,326 $

468,326

$ 3,625,810 $

0

$ 4,653,970 $

0

$ 41,197,592 $ 38,897,243

$ 35,496,678 $ 32,987,470

$

150,000 $

0

$ 17,321,868 $ 17,321,868

$ 3,300,000 $

0

$ 407,937,858 $ 188,939,873

C. Budget Unit: State Funds - Georgia Public Telecommunications Commission
Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted
Other Funds State Funds Budgeted

$

0

$ 13,051,727

$ 16,605,728

$ 4,070,278

$

0

$ 33,727,733

$ 33,727,733

$

0

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust
Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

Section 30. Department of Revenue.

MONDAY, MARCH 15, 2004

1933

State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State Funds Budgeted

$ 462,364,322

$

150,000

$ 56,502,738

$ 6,796,238

$ 1,077,071

$

49,980

$

173,684

$ 12,914,676

$ 6,785,736

$ 1,247,830

$

606,992

$ 1,223,613

$ 3,785,079

$

0

$

0

$ 17,785,550

$ 380,000,000

$ 488,949,187

$ 2,545,000

$

150,000

$ 462,364,322

Departmental Program Budgets

Administration Revenue Processing Tax Compliance Customer Service Industry Regulation Grants and Distribution State Board of Equalization Total

Total Funds State Funds

$ 6,181,671 $ 6,181,671

$ 40,224,286 $ 29,164,591

$ 42,279,252 $ 31,837,824

$ 7,947,156 $ 4,058,465

$ 4,188,924 $ 3,499,584

$ 388,122,898 $ 387,767,187

$

5,000 $

5,000

$ 488,949,187 $ 462,514,322

Section 31. Secretary of State.

A. Budget Unit: State Funds - Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 34,104,105

$ 19,071,136

$ 3,750,264

$

365,621

$

0

$

53,035

1934

JOURNAL OF THE HOUSE

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Election Expenses Capital Outlay

Total Funds Budgeted State Funds Budgeted

$ 2,719,063

$ 4,464,296

$

923,498

$

157,314

$ 3,450,528

$

364,335

$

0

$ 35,319,090

$ 34,104,105

Departmental Program Budgets

Administration Archives and Records Capitol Education Center Corporations Securities Elections and Campaign Disclosures Drugs and Narcotics State Ethics Commission Professional Licensing Boards Holocaust Commission Total

Total Funds State Funds

$ 5,238,143 $ 5,208,143

$ 6,819,800 $ 6,744,800

$

413,584 $

413,584

$ 1,851,886 $ 1,112,536

$ 2,093,839 $ 1,893,204

$ 7,474,207 $ 7,454,207

$ 1,240,075 $ 1,240,075

$

936,712 $

936,712

$ 9,002,823 $ 8,852,823

$

248,021 $

248,021

$ 35,319,090 $ 34,104,105

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$ 2,705,088

$ 1,633,010

$

185,000

$

47,000

$

0

$

12,500

$

309,034

$

183,512

$

85,000

$

250,032

$

0

$ 2,705,088

$ 2,705,088

Section 32. Soil and Water Conservation Commission.

MONDAY, MARCH 15, 2004

1935

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted

$ 3,078,046

$ 1,913,574

$ 1,093,006

$

42,321

$

0

$

19,944

$

11,205

$

121,425

$

39,554

$

121,660

$ 2,057,629

$

0

$ 5,420,318

$ 3,078,046

Departmental Program Budgets

Conservation of Soil and Water Resource Water Resource and Land Use Planning Conservation of Agricultural Water Supplies Watershed Flood Control Dams Administration Total

Total Funds State Funds

$ 1,730,213 $ 1,156,742

$ 1,145,133 $ 1,078,133

$ 1,940,909 $

239,108

$

28,172 $

28,172

$

575,891 $

575,891

$ 5,420,318 $ 3,078,046

Section 33. Student Finance Commission.

A. Budget Unit: State Funds - Student Finance Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants

$ 37,628,531

$

522,926

$

17,915

$

20,000

$

0

$

8,300

$

6,000

$

40,015

$

8,996

$

0

$

31,802

$ 3,477,477

$ 28,820,424

$

61,339

1936

JOURNAL OF THE HOUSE

North Georgia College ROTC Grants Georgia Military/North Georgia Military
Transfer Scholarship Osteopathic Medical Loans North Georgia College and State University
Military Scholarship LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted

$

432,479

$

22,427

$

0

$

661,524

$ 1,487,410

$ 2,530,150

$ 38,149,184

$ 37,628,531

Departmental Program Budgets

Georgia Student Finance Authority Georgia Nonpublic Postsecondary Education
Commission Total

Total Funds State Funds $ 37,493,230 $ 36,972,577

$

655,954 $

655,954

$ 38,149,184 $ 37,628,531

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition, Books and Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship Public Safety Memorial Grant Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted

$ 374,090,550

$ 310,489,060

$

0

$ 45,388,740

$

770,477

$

255,850

$ 5,332,698

$ 5,855,278

$

374,590

$

760,000

$ 2,093,984

$ 2,769,873

$ 374,090,550

$ 374,090,550

Section 34. Teachers' Retirement System.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ 2,138,000

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

MONDAY, MARCH 15, 2004

1937

Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Floor Fund Local Systems COLA Local Systems

Total Funds Budgeted State Funds Budgeted

$ 9,185,000

$

723,975

$

270,000

$

493,000

$

0

$ 2,050,000

$

88,000

$ 26,547,268

$ 2,138,000

Section 35. Department of Technical and Adult Education.

A. Budget Unit: State Funds - Department of Technical and Adult Education
Personal Services
Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted
State Funds Budgeted

$ 306,892,573

$ 6,193,416

$

321,207

$

125,510

$

0

$

12,886

$

586,463

$

121,671

$

164,110

$

342,362

$

115,980

$

0

$ 269,270,558

$ 63,848,275

$ 5,943,956

$ 20,304,669

$ 3,481,395

$ 11,807,232

$ 382,639,690

$ 306,892,573

Departmental Program Budgets

Administration Technical Education Adult Literacy Education Economic Development

Total Funds State Funds $ 7,983,605 $ 5,923,817 $ 408,440,101 $ 276,648,267 $ 20,304,669 $ 12,513,257 $ 11,807,232 $ 11,807,232

1938

JOURNAL OF THE HOUSE

Total

$ 448,535,607 $ 306,892,573

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 Mass Transit Grants Payments to the State Road and Tollway Authority Guaranteed Revenue Reserve Fund Airport Aid Program Harbor Maintenance Georgia Rail Passenger Authority
Total Funds Budgeted
State Funds Budgeted

$ 661,221,908

$ 262,043,800

$ 79,549,408

$ 2,102,944

$ 1,927,751

$ 5,591,955

$ 8,850,593

$ 1,830,782

$ 4,924,471

$ 7,362,438

$ 49,927,857

$ 1,129,313,034

$ 16,964,558

$ 77,667,665

$ 25,893,451

$ 3,507,783

$

721,355

$

370,000

$ 1,678,549,845

$ 661,221,908

Departmental Program Budgets

Motor Fuel Tax Budget Maintain State Highway System Operate State Highway System Construct and Improve State Highway System

Total Funds $ 318,412,284 $ $ 53,714,080 $ $ 1,079,018,819 $

State Funds 181,941,310
23,935,383 316,922,075

MONDAY, MARCH 15, 2004

1939

Administration Data Collection Local Road Assistance Total

$ 149,638,464 $ $ 5,741,670 $ $ 42,710,650 $ $ 1,649,235,967 $

88,692,489 1,813,166 32,850,577 646,155,000

General Funds Budget Air Transportation Transit Aviation Rail Ports and Waterways Total

$ 18,313,438 $ 5,135,826

$ 4,147,392 $ 3,897,102

$ 1,957,079 $ 1,299,284

$ 3,853,066 $ 3,775,629

$ 1,042,903 $

959,067

$ 29,313,878 $ 15,066,908

Section 37. Department of Veterans Service.

State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and Insurance
Total Funds Budgeted
State Funds Budgeted

$ 21,153,057

$ 5,578,059

$

278,597

$

136,200

$

0

$

100,822

$

5,000

$

223,033

$

89,304

$

20,612

$ 17,617,375

$ 7,541,980

$

0

$

0

$

294,760

$ 31,885,742

$ 21,153,057

Departmental Program Budgets

Veterans Benefits Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery

Total Funds State Funds

$ 5,627,249 $ 5,304,324

$ 17,516,828 $ 10,291,693

$ 7,536,580 $ 4,431,830

$

297,537 $

297,537

1940

JOURNAL OF THE HOUSE

Administration Total

$

907,548 $

827,673

$ 31,885,742 $ 21,153,057

Section 38. Workers' Compensation Board.

State Funds

Personal Services

Regular Operating Expenses

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury

Total Funds Budgeted

State Funds Budgeted

$ 14,912,867

$ 10,117,135

$

470,115

$

140,600

$

0

$

44,048

$

334,329

$ 1,296,009

$

176,744

$

183,100

$ 2,514,787

$ 15,276,867

$ 14,912,867

Departmental Program Budgets

Administration Dispute Resolution Licensure and Quality Assurance Rehabilitation Management Enforcement Total

Total Funds State Funds

$ 3,165,103 $ 3,165,103

$ 8,742,276 $ 8,494,756

$ 1,266,934 $ 1,215,974

$

746,497 $

724,657

$ 1,356,057 $ 1,312,377

$ 15,276,867 $ 14,912,867

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)

$ 730,239,192 $ 75,000,000 $ 805,239,192

$ 75,765,361

$

0

$ 75,765,361

MONDAY, MARCH 15, 2004

1941

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, 2004 of all vehicles purchased or newly leased during Fiscal Year 2004.
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.,

1942

JOURNAL OF THE HOUSE

the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.
Section 42. Provisions Relative to Section 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 2005 shall not exceed 14.357%.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2005 shall not exceed 14.357%.
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 $2,342.73. 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.
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 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:

MONDAY, MARCH 15, 2004

1943

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the above appropriations relative to the treatment of Hemophilia and it=s complications, these funds may be used to provide treatment and care to the 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 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.

1944

JOURNAL OF THE HOUSE

Provided further, that no funds shall be expended until approved by the Office of Planning and Budget.
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 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 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, 2004.
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.

MONDAY, MARCH 15, 2004

1945

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. 2005.

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

1946

JOURNAL OF THE HOUSE

counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $25,893,450 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 $300,000,000; 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 53. In addition to all other appropriations for the State fiscal year ending June 30,
2005, 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

MONDAY, MARCH 15, 2004

1947

as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 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.

1948

JOURNAL OF THE HOUSE

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 2004 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

MONDAY, MARCH 15, 2004

1949

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.

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:

$

Deferred funding for FY2004 - $24,095,000

Regular funding - $69,175,000

Regular advance funding - $23,015,000

Growth funding - $45,635,000

Board of Regents, University System of Georgia

$

projects:

Design and construct a Student Center for Georgia

Perimeter College - $7,190,000

Principal Amount 161,920,000 $
87,155,000 $

Debt Service 14,087,040
7,582,485

1950

JOURNAL OF THE HOUSE

Design, construct and equip campus loop utilities for

Middle Georgia College - $16,325,000

Construct the Performing and Visual Arts Center

(Phase II) for the University of Georgia -

$35,050,000

Predesign, design and construction of an Advanced

Clean Room Facility for Georgia Institute of

Technology - $2,000,000

Design and construct a Social Science Building for

Kennesaw State University - $26,590,000

Board of Regents, University System of Georgia

$

projects:

Design and construction to renovate Drew-Griffith

Hall for Savannah State University - $4,975,000

Construction of a Nursing Education Building for

Abraham Baldwin Agricultural College

$4,715,000

Design and construction to renovate classroom space

and the Physical Education Building for Coastal

Georgia Community College - $4,790,000

Construction to renovate Wheatley Hall for Georgia

Southwestern State University - $4,635,000

Campus-wide replacement of HVAC equipment for

Gainesville College - $4,200,000

Design and construct campus-wide storm and sanitary

sewer improvements for Augusta State University

$4,400,000

Design and construct facility infrastructure

improvements for Floyd College - $3,950,000

Design and construct an electrical system upgrade for

the Clarkston campus of Georgia Perimeter College

- $3,800,000

Design and construction to renovate the Browning

Dormitory for Middle Georgia College - $3,200,000

Design and construct campus-wide facility

infrastructure improvements for Georgia State

University - $5,000,000

Design and construction to renovate the

Administration Building for Clayton College and

State University - $3,600,000

Renovation of library building/learning resources

center at Macon State College - $5,000,000

Infrastructure and Student Success Leadership Center

63,660,000 $

5,538,420

MONDAY, MARCH 15, 2004

1951

at Columbus State University - $4,500,000

Classroom addition at Bainbridge College

$1,035,000

Academic Services building at Darton College

$4,845,000

Design of a dining facility and renovation of existing

structures at Rock Eagle 4-H Camp - $1,015,000

Major repairs and renovations for the Board of

$

Regents, University System of Georgia

Research equipment for the Traditional Industries $

program of the Board of Regents, University

System of Georgia

Student Center expansion and renovation at East

$

Georgia College

Department of Technical and Adult Education

$

projects:

Predesign and design of an Allied Health Building at

Southwest Georgia Technical College - $860,000

Design and construct a Classroom Building for

Valdosta Technical College - $16,638,000

Georgia Environmental Facilities Authority projects: $

Low interest loans for local water and sewer

construction projects - $12,000,000

Matching funds for clean water construction loan

program - $4,500,000

Matching funds for drinking water construction loan

program - $3,500,000

Deepening of Brunswick Harbor for the Georgia Ports $

Authority

Governor's Road Improvement Program and other $

transportation projects

Department of Juvenile Justice projects:

$

Construction and equipment for the Muscogee

YDC/RYDC - $2,700,000

Construction and equipment for the Mental

Health/Medical Building at the Augusta YDC

$2,730,000

Facility infrastructure upgrades at Central State

$

Hospital

Facility infrastructure upgrades at Northwest

$

Regional Hospital

Facility/utility upgrades at West Central Regional $

Hospital

50,000,000 $ 900,000 $
4,850,000 $ 17,498,000 $
20,000,000 $
14,400,000 $ 100,000,000 $
5,430,000 $
4,405,000 $ 1,505,000 $
990,000 $

4,350,000 78,300
421,950 1,522,326
1,740,000
1,252,800 8,700,000
472,410
383,235 130,935
86,130

1952

JOURNAL OF THE HOUSE

HVAC duct work cleaning and upgrades at Augusta $

Regional Hospital

Replace the underground sewer system at Gracewood $

State School and Hospital

Generator upgrades at Atlanta Regional Hospital

$

Roofing projects at Southwestern and Savannah

$

Regional Hospitals

Design and construct a kitchen/dining hall for the $

Outdoor Therapeutic Program at Cleveland

Classroom and additional bathroom facilities for the $

Outdoor Therapeutic Program at Warm Springs

Department of Veterans Service projects:

$

Design, construction and equipment for a food

production kitchen at the Georgia War Veterans

Home in Milledgeville - $385,000

Smoke dampers and air handling unit at the Georgia

War Veterans Home in Milledgeville - $250,000

Elevator controls and compliance upgrades at the

Georgia War Veterans Home in Milledgeville and

the Georgia War Veterans Nursing Home in

Augusta - $350,000

Department of Corrections projects:

$

Maintenance and renovation of security projects at

various facilities - $400,000

Emergency roof repairs - $450,000

Underground water distribution loop replacement at

Augusta State Medical Prison, Coastal State Prison,

Rodgers State and Burruss Transition Center

$1,200,000

Major roof repair projects - $1,300,000

Refurbish and expand the wastewater treatment plant

at the Georgia Diagnostic and Classification Prison

in Jackson - $470,000

Renovate eight armories for the Department of

$

Defense

Maintenance and capital improvements for the

$

Georgia Building Authority

Construct a public library in Bartow County

$

Design an administrative facility for Public Safety on $

Tift College Campus

Design the expansion of the Crisp County Campus for $

the Department of Technical and Adult Education

335,000 $ 3,220,000 $ 1,920,000 $ 1,220,000 $
360,000 $ 65,000 $ 985,000 $
3,820,000 $
2,000,000 $ 22,910,000 $
840,000 $ 480,000 $ 344,000 $

29,145 280,140 167,040 106,140
31,320 5,655 85,695
332,340
174,000 1,993,170
73,080 41,760 29,928

MONDAY, MARCH 15, 2004

1953

Department of Technical and Adult Education

$

projects:

Construct and equip a classroom building at Heart of

Georgia Technical College - $13,722,000

Campus expansion at Middle Georgia Technical

College - $1,000,000

Design of a classroom building at Atlanta Technical

College - $500,000

Predesign of a classroom building at Lanier Technical

College - $155,000

Predesign of an allied health and technology building

at Columbus Technical College - $235,000

Predesign of an allied health and technology building

at North Metro Technical College - $155,000

Predesign of a facility at Albany Technical College

$72,000

Board of Regents, University System of Georgia

$

projects:

Library construction in South Bibb County

$2,500,000

Library expansion in Wheeler County - $500,000

Student Center at Georgia Perimeter College,

Clarkston Campus - $1,125,000

Academic building at Georgia Military College

$

Planning and design of the Success and Retention $

Center at Gordon College

State Farmers Markets renovations

$

Total Twenty Year Projects (New)

$

B.) Maturities not to exceed sixty months.

Purchase vocational and agricultural equipment and 2 $

wheelchair lifts for the Department of Education

Capital improvements of State schools for the

$

Department of Education

Georgia Research Alliance research and development $

infrastructure

Purchase additional equipment for the following

$

previously funded projects of the Department of

Technical and Adult Education:

Athens Tech, Technology Building; Appalachian

Tech, Technology Building; Northwestern Tech,

Allied Health Building; Chattahoochee Tech,

15,839,000 $
4,125,000 $
4,200,000 $ 277,000 $
2,000,000 $ 597,653,000 $ 13,205,000 $
995,000 $ 19,700,000 $ 10,000,000 $

1,377,993
358,875
365,400 24,099 174,000 51,995,811 2,984,330 224,870 4,452,200 2,260,000

1954

JOURNAL OF THE HOUSE

Classroom Building; Southwest Georgia Tech,

Classroom Building; North Georgia Tech, Polk

County Campus; Georgia Aviation, Campus

Expansion; East Central Tech, Telecommunications

Building; Southeastern Tech, Regional Medical

Building; Coastal Georgia College, Camden County

Center

Purchase equipment for the following Department of $

Technical and Adult Education projects:

Moultrie Tech, Tift County Campus; Savannah Tech,

Effingham County Campus; North Georgia Tech,

Visual Communications Building and

Transportation Center

Replace equipment statewide for the Department of $

Technical and Adult Education

Major repairs and renovations statewide for the

$

Department of Technical and Adult Education

Various firefighting equipment and vehicles for the $

Georgia Forestry Commission

State Aid Maintenance Assistance program for the $

Department of Transportation

Aviation improvements for the Department of

$

Transportation

Department of Juvenile Justice projects:

$

Major repairs and maintenance at various facilities

$4,000,000

Minor construction and renovations at various

$

facilities - $2,000,000

Purchase equipment for the following Department of $

Human Resources projects:

Laundry and kitchen equipment at Gracewood

$385,000

Kitchen equipment at Atlanta Regional Hospital

$165,000

Food service equipment at Southwestern Regional

Hospital - $360,000

Department of Corrections projects:

$

Central Repairs - $3,105,000

Minor Construction - $3,000,000

Fire alarm certification and maintenance - $400,000

Asbestos abatement program - $500,000

Environmental management systems - $500,000

1,860,000 $
10,000,000 $ 7,500,000 $ 4,100,000 $ 20,000,000 $ 1,700,000 $ 6,000,000 $
910,000 $
7,905,000 $

420,360
2,260,000 1,695,000
926,600 4,520,000
384,200 1,356,000
205,660
1,786,530

MONDAY, MARCH 15, 2004

1955

Upgrade perimeter detection systems at close security

facilities - $400,000

Repairs and upgrades at the Georgia Public Safety $

Training Center

Predesign and design of a fuel oil laboratory in Forest $

Park for the Department of Agriculture

Purchase mail handling equipment for the Department $

of Revenue

Total Five Year Projects (New)

$

725,000 $ 150,000 $ 425,000 $ 105,175,000 $

163,850 33,900 96,050
23,769,550

Section 63. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $134,247,255 for
the following purposes: 1.) To provide a general salary adjustment of 2%, not to exceed $1,600, for employees of the Judicial, Legislative and Executive branches, excluding all elected officials, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 2.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date of January 1, 2005. 3.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2004. 4.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with winter semester, 2005, for Regents faculty and calculated to commence January 1, 2005, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 5.) In lieu of all other numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005, and to provide for a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005. 6.) In lieu of item 2 above, to provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 21 or more years of experience with the amount of the appropriation for this purpose calculated according to an effective date of January 1, 2005.

Section 64 Provided however, the final payroll date in State Fiscal Year 2005 for state
employees and the affected employees of the Board of Regents shall be shifted from June

1956

JOURNAL OF THE HOUSE

30, 2005 to July 1, 2005, effecting a reduction in State fund appropriations in the amount of $179,349,990.

Section 65. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2005

$ 16,215,522,162

Section 66. This Act shall become effective upon its approval by the Governor or upon its
becoming law without his approval.

Section 67. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1181 designating Representative Skipper of the 116th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1181 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong

E Day Y Dean Y Deloach Y Dix Y Dodson N Dollar Y Dooley
Douglas Y Drenner

N Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V

Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper N Crawford Y Cummings

MONDAY, MARCH 15, 2004

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 Y Heckstall N Hembree Y Henson N Hill, C

E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford Y Maddox Y Mangham N Manning Y Marin N Martin N Massey N Maxwell Y McBee Y McCall Y McClinton N Millar N Mills

Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston Y Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J Y Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders Y Sailor N Scott Y Shaw N Sheldon

1957
Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L N Walker, R.L E Warren Y Watson E Westmoreland N White N Wilkinson N Willard Y Williams, A Y Williams, E E Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 106, nays 65.
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 "nay" thereon.

By unanimous consent, HB 1181 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1112. By Representatives Birdsong of the 104th, Lucas of the 105th and Parham of the 94th:

1958

JOURNAL OF THE HOUSE
A BILL to amend an Act creating the board of commissioners of Jones County, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; and for other purposes.

The following Senate substitute was read:

A BILL
To amend an Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to provide for the duties and responsibilities of the chairperson of the board; to provide for the full-time status and the compensation of the chairperson; to provide for related matters; to provide for the election of the chairperson by special election rather than regular election in 2004 only; to provide for a referendum election to determine whether such change in duties and status shall become effective; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking Section 8 and inserting in its place a new Section 8 to read as follows:
"SECTION 8. The chairperson of the board shall receive as compensation the sum of $65,000.00 per year for his or her full-time service. The remaining members of the board shall receive as compensation $550.00 per month. Said members, including the chairperson, when traveling outside the county on county business shall also receive travel expenses when traveling by personal motor vehicle at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board, including the chairperson, shall receive a monthly expense allowance of $150.00. All such amounts shall be paid from funds of Jones County."
SECTION 2. Said Act is further amended by striking Section 11 and inserting in its place a new Section 11 to read as follows:

MONDAY, MARCH 15, 2004

1959

"SECTION 11. (a) The chairperson of the board of commissioners shall be full time and shall be the chief administrative officer of the county. The chairperson shall be responsible for all administrative activities of the board including, but not limited to, compiling the annual budget to cover all anticipated revenues and expenditures for the ensuing year, for the approval of the board; maintaining the countys financial records, signing checks, and disbursing all monetary allotments; examining claims against the county and making recommendations as to payment; maintaining budgetary control accounts, proprietary accounts, and property control records; preparing and issuing monthly budgetary reports of county operations; planning and preparing for meeting the financial needs of the county; conducting internal audits of county funds as approved by the board; directing and supervising the administration of all county offices and functions; appointing and fixing the compensation of employees for whom the board is responsible, subject to approval of such compensation by the board; and acting as purchasing agent for the county and entering into contracts approved by the board on behalf of the county. (b) The chairperson is authorized to employ an administrator to assist the chairperson with the duties set forth in subsection (a) of this section. The administrator shall be directed by the chairperson and shall be responsible to the chairperson and the board of commissioners. The administrator shall be appointed by the chairperson and shall have the qualifications and experience as required by the chairperson. The compensation of the administrator shall be set by the board. He or she shall be removable by action of a majority of the members of the board."
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jones County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jones County for approval or rejection. The election superintendent shall conduct that election on the date of the July, 2004, general primary. The superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Jones County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which provides for a full-time chairperson of ( ) NO the Jones County board of commissioners and fixes the annual salary of
the full-time chairperson at $65,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect January 1, 2005. If the Act is not so approved or if the

1960

JOURNAL OF THE HOUSE

election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following. The expense of such election shall be borne by Jones County. It shall be the election superintendents duty to certify the result thereof to the Secretary of State.
SECTION 4. In order that candidates for the office of chairperson may know the duties and status of the office prior to qualifying, in only the year 2004 the office of chairperson of the board of commissioners of Jones County shall be elected at a special election to be held on the date of and in conjunction with the November, 2004, general election. There shall be no general or special primary election for chairperson in 2004; and there shall be no qualifying for the office of chairperson at the regular 2004 qualifying period. Qualifying for and conduct of the special election at the time of the general election shall instead be as provided by the provisions of the "Georgia Election Code" relating to a special election without a primary.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Birdsong of the 104th moved that the House agree to the Senate substitute to HB 1112.
On the motion the ayes were 111, nays 0.
The motion prevailed.

Representative Channell of the 77th District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1536 Do Pass, by Substitute HB 1573 Do Pass, by Substitute

Respectfully submitted,

MONDAY, MARCH 15, 2004
/s/ Channell of the 77th Chairman

1961

Representative Hugley of the 113th District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1453 Do Pass, by Substitute HB 1454 Do Pass, by Substitute

Respectfully submitted, /s/ Hugley of the 113th
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 607. By Representative Cummings of the 19th:
A BILL to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for the Georgia Superior Court Clerks Cooperative Authority to act as the collecting and remitting agent for certain court fees, fines, and forfeitures which are remitted to certain state retirement and pension plans; to provide for other

1962

JOURNAL OF THE HOUSE

matters related to the foregoing; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Sections 47-11-50 and 47-11-51, relating to remittance of certain moneys from probate court fees, fines, and forfeitures to the Judges of the Probate Courts Retirement Fund of Georgia, and inserting in their place new Code sections to read as follows:
"47-11-50. (a)(1) The judges of the probate courts shall withhold the following amounts and pay the same to the board by the twentieth last day of the month following the month in which such fees were collected pay such amounts to the Superior Court Clerks Cooperative Authority for remittance to the board, irrespective of whether such collecting judge of the probate court is now or may hereafter be compensated from fees collected or by a salary, or both: (A) Twenty percent of all fees collected by any and all judges of the probate courts for any service rendered as such in taking applications for marriage licenses, issuing and recording such marriage licenses, and filing such applications and marriage licenses with the Department of Human Resources; (B) Two dollars of each civil filing fee; and (C) One dollar of the fee paid for each application for a license to carry a pistol or revolver. (2) It shall be the duty of each judge of the probate court to keep accurate records of all such fees collected, and such records may be audited by the board or the authority at any time. The sums remitted to the board under this Code section shall be used to provide adjustments of the compensation of the several judges of the probate courts by making retirement benefits available to such judges of the probate courts and to pay the costs of administration incurred by the board.
(b) Each judge of a probate court shall submit with the moneys due under subsection (a) of this Code section a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of a probate court by the board authority. (c) Moneys not paid when due shall bear interest at the rate of 7 percent per annum. (d) Moneys not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of 5 percent of the principal amount delinquent per month for each month such moneys remain delinquent; but such specific penalty shall not exceed 25 percent. Such specific penalty shall be in addition to the 7 percent per annum interest charged on overdue moneys. All funds due on or before July 10, 1980, shall be delinquent 60 days after such date.

MONDAY, MARCH 15, 2004

1963

(e) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month said report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report. (f) By affirmative vote of all the members, the board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by subsections (d) and (e) of this Code section.
47-11-51. (a) In every criminal and quasi-criminal case for violating state statutes or traffic laws, which case is before a judge of the probate court and in which case a fine is collected or a bond is forfeited, a sum based upon the scale set out below for each case shall be collected by the judge or other collecting authority. Such bond or fine shall be construed to include costs. Such sums shall be paid upon the following scale:
For any fine or bond forfeiture of more than $4.00, but not more than $25.00 ... $ 1.00
For any fine or bond forfeiture of more than $25.00, but not more than $50.00 . 1.50
For any fine or bond forfeiture of more than $50.00 but not more than $100.00 2.00
For any fine or bond forfeiture of more than $100.00.......................................... 2.50
(b) The sum provided for shall be paid to the Georgia Superior Court Clerks Cooperative Authority for remittance to the board before the payment of any cost or any claims whatsoever against such fine or forfeiture. It is made the duty of the judge of the probate court or other authority collecting the money to keep accurate records of the amount due the board so that the same may be audited or inspected at any time by the authority or by any representative of the board at the direction of the board. Sums remitted to the board under this Code section shall be used as provided for elsewhere in this chapter.
(c)(1) All moneys required to be paid to the board by this Code section shall be due on remitted to the authority by the twentieth last day of the month after collection. Each judge of the probate court or other collecting authority shall pay such moneys to the board authority no later than such due date and shall submit with such moneys a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of the probate court by the board authority. (2) Moneys not paid when due shall bear interest at the rate of 7 percent per annum. (3) Moneys not paid within 60 days of the date they are due shall be delinquent. There shall be imposed on delinquent funds a specific penalty in the amount of 5 percent of the principal amount delinquent per month for each month such moneys remain delinquent; but such specific penalty shall not exceed 25 percent of the principal amount due. Such specific penalty shall be in addition to the 7 percent per

1964

JOURNAL OF THE HOUSE

annum interest charged on overdue moneys. All funds due on or before July 10, 1980, shall be delinquent 60 days after such date. (4) For failure to file the written report of transactions and amount due when due, there shall be imposed a specific penalty in the amount of $5.00 for each month such report remains overdue; but such specific penalty shall not exceed $50.00 for failure to file any one report. (5) By affirmative vote of all the members, the board, upon the payment of all overdue funds and interest and for good cause shown, may waive the specific penalties provided by paragraphs (3) and (4) of this subsection."
SECTION 2. Said title is further amended by striking Code Sections 47-14-50 and 47-14-51, relating to remittance of certain moneys from fees, fines, and forfeitures to the Superior Court Clerks Retirement Fund of Georgia, and inserting in their place new Code sections to read as follows:
"47-14-50. (a) The sum of $1.75 shall be paid to the Georgia Superior Court Clerks Cooperative Authority for remittance to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which the clerk of such court is eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each quarter or at such other times as the board may provide Georgia Superior Court Clerks Cooperative Authority by the last day of the month following the month of collection. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board or the Georgia Superior Court Clerks Cooperative Authority at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter. (b) If the clerk or other collecting authority whose duty it is to collect and remit moneys to the fund under subsection (a) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. After April 1, 1966, all moneys which have not been paid to the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.

MONDAY, MARCH 15, 2004

1965

47-14-51. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts. (b) In addition to all other legal costs, the sum of 50 shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts. (c) The clerks shall collect the fees provided for in subsections (a) and (b) of this Code section and the fees so collected shall be remitted by the last day of the month following the month of collection to the board on a quarterly basis or at such time as the board may provide Georgia Superior Court Clerks Cooperative Authority for remittance to the board. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section and such records may be audited by the board or the authority at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter."
SECTION 3. Said title is further amended by striking Code Sections 47-16-60 and 47-16-61, relating to remittance of certain moneys from fees, fines, and forfeitures to the Sheriffs Retirement Fund of Georgia, and inserting in their place new Code sections to read as follows:
"47-16-60. (a) The sum of $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his or her office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretarytreasurer each quarter or at such other times as the board may provide by the last day of the month following the month of collection to the Georgia Superior Court Clerks Cooperative Authority for remittance to the secretary-treasurer of the board. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board or the Georgia Superior Court

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Clerks Cooperative Authority at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter. (b) If the person or authority whose duty it is to collect and remit moneys to the secretary-treasurer under subsection (a) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the moneys continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys become delinquent until they are paid. All moneys due on or before May 1, 1968, and not paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote of all the members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.
47-16-61. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide by the last day of the month following the month of collection to the Georgia Superior Court Clerks Cooperative for remittance to the secretary-treasurer of the board. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board or the authority at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. (b) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the state courts and magistrate courts of this state in which the sheriff of the superior court also fulfills the function as sheriff of such inferior court. The clerks of such state courts and magistrate courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide by the last day of the month following the month of collection to the Georgia Superior Court Clerks Cooperative Authority for remittance to the secretary-treasurer of the board. It shall be the duty of the clerks of such state courts and magistrate courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board or the

MONDAY, MARCH 15, 2004

1967

authority at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. (c) If the person or authority whose duty it is to collect and remit moneys to the secretary-treasurer under subsection (a) or subsection (b) of this Code section shall fail to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the moneys continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys become delinquent until they are paid. By affirmative vote of all the members, the board upon the payment of the delinquent moneys, together with interest, for good cause shown may waive the specific penalty otherwise charged under this subsection."
SECTION 4. Said title is further amended by striking Code Section 47-17-60, relating to remittance of certain moneys from fines and forfeitures to the Peace Officers Annuity and Benefit Fund, and inserting in its place a new Code section to read as follows:
"47-17-60. (a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the Georgia Superior Court Clerks Cooperative Authority for remittance to the secretary-treasurer according to the following schedule:
(1) Three dollars for any fine or bond forfeiture of more than $4.00, but not more than $25.00; (2) Four dollars for any fine or bond forfeiture of more than $25.00, but not more than $50.00; (3) Five dollars for any fine or bond forfeiture of more than $50.00, but not more than $100.00; (4) Five percent of any fine or bond forfeiture of more than $100.00. For purposes of determining amounts to be paid to the secretary-treasurer authority, the amount of the fine or bond collected shall be deemed to include costs. The amounts provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay such amounts to the secretary-treasurer on the first Georgia Superior Court Clerks Cooperative Authority by the last day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time the Georgia Superior Court Clerks Cooperative

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Authority or by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter. (b) If the collecting authority fails to remit such amounts with an acceptable form properly filled out within 60 days of the date on which such remittal is due, the same shall be delinquent, and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed 25 percent of the principal due. In addition to such penalty, interest shall be charged on delinquent amounts at the rate of 6 percent per annum from the date the funds become delinquent until they are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection."
SECTION 5. This Act shall become effective on July 1, 2004, only if HB 869 which provides for the Georgia Superior Court Clerks Cooperative Authority to act as a collecting and remitting agent for certain court costs, fees, fines, and forfeitures also become law and becomes effective on such date. If HB 869 does not so become law and become effective on July 1, 2004, this Act shall not take effect.
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
Bannister Y Barnard Y Barnes
Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders

E Day Y Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley
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 E Jackson Y James Y Jamieson Y Jenkins, C

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 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 Bridges Y Brock Y Brooks Y Broome Y Brown E 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

MONDAY, MARCH 15, 2004

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 Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell
McBee Y McCall Y McClinton
Millar Y Mills

Y Parham Y Parrish Y Parsons Y Porter
Powell Y Purcell
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

1969
Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet
Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Buck of the 112th and Teper of the 42nd, 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 Bill of the House, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
HB 810. By Representative Jenkins of the 93rd:
A BILL to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-698 of the Official Code of Georgia Annotated, relating to collection and

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remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, so as to extend the sunset date of said Code section; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the sunset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks Cooperative Authority, so as to extend the sunset date of said Code section; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, is amended by striking subsections (f) and (f.1) in their entirety and inserting in lieu thereof the following:
"(f) Until January 1, 2006 July 1, 2010, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page ................................................................... $ 9.50
Each page, after the first............................................................................... 2.00
(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page .............. 4.50
Each page, after the first............................................................................... 2.00
(B) Filing and indexing financing statements, amendments to financing

MONDAY, MARCH 15, 2004

1971

statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Article 9 of Title 11, first page............. 10.00
Each page, after the first.................................................................................. 2.00
(2) Filing maps or plats, each page ................................................................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned.............................................................................................................. 4.50 (f.1) On and after January 1, 2006 July 1, 2010, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, and cancellation of deeds, liens, and writs of fieri facias, first page $4.50
Each page, after the first.................................................................................. 2.00
(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page ................................................................................................................. 10.00
Each page, after the first.................................................................................. 2.00
(2) Filing maps or plats, each page ................................................................... 7.50
(3) For processing an assignment of a security deed, for each deed assigned.............................................................................................................. 4.50"
SECTION 2. Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the statewide uniform automated information system for property records, is amended by striking such Code section in its entirety and inserting in lieu thereof the following:
"15-6-97. (a) The Georgia Superior Court Clerks Cooperative Authority or its designated agent shall develop and implement a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development and implementation of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks Cooperative

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Authority shall have authority to implement rules and regulations necessary to develop and implement the system described in this Code section. (b) The Georgia Superior Court Clerks Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1) To provide for the collection of moneys; (2) To manage, control, and direct such funds and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks Cooperative Authority in its discretion shall determine will best further the public purpose of the authority; and (4) To exercise all other powers necessary for the development and implementation of the system provided for in this Code section. (c) This Code section shall be repealed in its entirety on January 1, 2006 July 1, 2010."
SECTION 3. Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks Cooperative Authority, is amended by striking such Code section in its entirety and inserting in lieu thereof the following:
"15-6-98. (a) The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter. (b) From the fees enumerated in division (f)(1)(A)(i) of Code Section 15-6-77, the Georgia Superior Court Clerks Cooperative Authority shall collect from each clerk of superior court $5.00 from each fee collected. (c) The sums withheld pursuant to division (f)(1)(A)(i) of Code Section 15-6-77 shall be remitted to the Georgia Superior Court Clerks Cooperative Authority by each clerk of a superior court for the purpose of effectuating the provisions of this Code section and any other provision of law. Such fees shall be remitted not later than the tenth day of the month following the collection of such fees by the clerk of a superior court. (d) This Code section shall be repealed in its entirety on January 1, 2006 July 1, 2010."
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.

MONDAY, MARCH 15, 2004

1973

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
Broome Y Brown E 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
Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene Y Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree Y Henson Y Hill, C

Y Hill, C.A Y Hill, V Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y 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 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
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
Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott
Shaw Y Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1215. By Representative Richardson of the 26th:
A BILL to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring application for appeal, contents, filing,

1974

JOURNAL OF THE HOUSE
and service of application, exhibits, response by opposing party, issuance of appellate court order regarding appeal, procedure, supersedeas, and jurisdiction of appeal, so as to provide that the provisions of such Code section shall not apply to appeals of cases involving zoning or land use issues; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield
Birdsong Black Y Boggs Bordeaux Y Borders Y Bridges Y Brock Y Brooks Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter 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 Dean
Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D
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, C Y Jenkins, C.F Y 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 Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q
Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L N 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
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 Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 156, nays 1.

MONDAY, MARCH 15, 2004 The Bill, having received the requisite constitutional majority, was passed.

1975

HB 1451. By Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of the 72nd and Fleming of the 79th:
A BILL to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage license; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to provide for premarital counseling; to provide for financial incentive to invest in premarital counseling; to change provisions relating to the contents of the application for a marriage 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. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to probate court costs, is amended by striking paragraph (14) of subsection (k) and inserting new paragraphs (14) and (14.1) to read as follows:
"(14) Application for marriage license if the applicants have completed premarital counseling pursuant to Code Section 19-3-30.1........................... 10.00
(14.1) Application for a marriage license if the applicants have not completed marriage counseling pursuant to Code Section 19-3-30.1 ........... 50.00"
SECTION 2. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding a new Code section to read as follows:
"19-3-30.1.

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In applying for a marriage license, a man and woman who certify on the application for a marriage license that they have successfully completed a qualifying marriage preparation program shall be charged the fee set forth in paragraph (14) of subsection (k) of Code Section 15-9-60. In order to qualify for this fee schedule, the couple shall have completed instruction involving marital issues, which may include but not be limited to conflict management, communication skills, financial responsibilities, child and parenting responsibilities, and extended family roles. The counseling shall be completed within 12 months prior to the application for a marriage license. The couple may undergo the counseling together or separately. If the counseling is completed together it shall include at least four hours of instruction and, if done separately, each person shall have completed at least two hours of instruction. The premarital counseling shall be performed by:
(1) A professional counselor, social worker, or marriage and family therapist who is licensed pursuant to Chapter 10A of Title 43; (2) A physician who is licensed pursuant to Chapter 34 of Title 43; (3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or (4) An active member of the clergy when in the course of his or her service as clergy."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 19-3-33, relating to the application for the marriage license and its contents, and inserting in lieu thereof the following:
"(a) A marriage license shall be issued on written application therefor, made by the persons seeking the license, verified by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and mother of each, if known. If the names of the father or mother of either are unknown, the application shall so state. The application shall state that the persons seeking the license have or have not completed premarital counseling pursuant to Code Section 19-3-30.1."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Mills of the 67th, Post 2 et al. move to amend the Committee substitute to HB 1451 as follows:

MONDAY, MARCH 15, 2004

1977

On page 2, and on line 15, strike the words "the persons" and insert after the word "by" the following:
"only one man and one woman".

Representative Heath of the 18th et al. move to amend the Committee substitute to HB 1451 by striking line 22 of page 2 and inserting in lieu thereof the following:
"premarital counseling pursuant to Code Section 19-3-30.1. If the application states that the persons seeking the license have completed such premarital counseling, the application shall include the name of the person who provided such counseling.'"

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Amerson Anderson
N Ashe 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 E Bruce
Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler

E Day N Dean Y Deloach Y Dix Y Dodson Y Dollar Y Dooley Y Douglas N Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T Y Greene N 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, C Y Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord
Lucas Y Lunsford Y Maddox Y Mangham

Y Mitchell Y 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 N 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 Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E Y Stephens, R N Stephenson N Stokes Y Stoner Y Teilhet N Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson

1978
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 Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath Y Heckstall Y Hembree N Henson Y Hill, C

Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall N McClinton Y Millar Y Mills

Y Roberts, J Roberts, L
Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw Y Sheldon

E 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, by substitute, as amended, the ayes were 149, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Smith of the 13th District, Post 2, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1628 Do Pass

Respectfully submitted, /s/ Smith of the 13th, Post 2
Chairman

Representative Royal of the 140th District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1517 Do Pass HB 1639 Do Pass

MONDAY, MARCH 15, 2004

1979

HB 1656 Do Pass, by Substitute HB 1775 Do Pass

Respectfully submitted, /s/ Royal of the 140th
Chairman

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

HB 1802. By Representative Shaw of the 143rd:
A BILL to provide for the unification of the existing governments of the City of Lakeland and Lanier County; to provide for the creation of the unified government of Lakeland-Lanier County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form, administration, and affairs of unified government; and for other purposes.

Referred to the Committee on State Planning & Community Affairs - Local.

The Speaker Pro Tem assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1325. By Representatives McBee of the 74th, Purcell of the 122nd, Greene of the 134th, Holmes of the 48th, Post 1 and Cummings of the 19th:
A BILL to amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students graduating from high school in 2007 and thereafter; and for other purposes.

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The following Committee substitute was read:

A BILL
To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May 1, 2007; to delete an obsolete reference; to provide for loss of eligibility for the HOPE scholarship for any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for restoration of such eligibility; to provide for a set amount for mandatory fees for HOPE scholarships and HOPE grants; to provide for a limitation on quarter hours or semester hours of eligibility for HOPE grants and eligibility for combined HOPE scholarships and grants; to provide for exceptions; to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount, so as to provide for changes to the amount of book allowances for a HOPE scholarship or grant under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-157, relating to the uniform reporting system for specified purposes, and inserting in lieu thereof the following:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title. (b) Beginning May 1, 2007, each Each school system and private school shall adopt the following reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:

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(1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0; or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of 'A' = 4.0, a grade of 'B' = 3.0, a grade of 'C' = 2.0, a grade of 'D' = 1.0, and a grade of 'F' = 0. Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The sum of the equated grades shall be divided by the number

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of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless of when a student graduated from high school and regardless of such students eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(1) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(A) A final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (B) A final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1."
SECTION 2. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking paragraph (13) of Code Section 20-3519, relating to definitions relative to HOPE scholarships and grants, and inserting in lieu thereof the following:
"(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5."
SECTION 3. Said chapter is further amended by striking Code Section 20-3-519.2 relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and

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inserting in lieu thereof the following: "20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;

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(2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and

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(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e)(1) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)(1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection.

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(2) Effective September 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004."
SECTION 4. Said chapter is further amended by striking Code Section 20-3-519.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such students freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period.

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(b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall:

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(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institutions drop and add period. (e)(1) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours.

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(2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of:
(A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year."
SECTION 5. Said chapter is further amended by striking Code Section 20-3-519.4, relating to terms and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following:
"20-3-519.4. (a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following:
(1) The end of the spring term of 1999; or (2) Graduation. (b) A student who received the HOPE grant at a private postsecondary institution for at least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. Reserved."
SECTION 6. Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following:
"20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and

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(2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an An eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies. (d)(1) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) of this subsection.
(2) Effective September 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. (f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of: (1) A total of 130 attempted quarter hours or 86 attempted semester hours; or (2) The number of hours required for graduation."
SECTION 7. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.13. (a) There is created as a joint committee of the General Assembly the HOPE Scholarship/Pre-K Legislative Oversight Committee, to be composed of three members of the House Committee on Higher Education and three members of the House Committee on Education, to be appointed by the Speaker of the House of Representatives; and three members of the Senate Higher Education Committee and three members of the Senate Education Committee, to be appointed by the President of the Senate. The Speaker of the House of Representatives shall appoint a cochairperson from the House members appointed and the President of the Senate shall appoint a cochairperson from among the Senate members appointed. The oversight committee shall study, inquire into, and review the operations of the Georgia Student Finance Commission with respect to the administration of HOPE scholarships and grants under

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this part, as well as review and evaluate the conditions, needs, and issues of the HOPE scholarship and grant program as provided for under this part, Georgias Pre-K program, and any other programs that receive funds from the Lottery for Education Account, as provided for in Article 1 of Chapter 27 of Title 50. Such study and review shall be conducted during the first year of each biennium of the General Assembly so as to determine whether any legislative action may be necessary. The oversight committee may conduct any independent audit or investigation of the commission or any other appropriate agency it deems necessary. (b) The Georgia Student Finance Commission shall provide the oversight committee not later than December 1 of each year with a complete report of the HOPE scholarship and grant program."
SECTION 8. Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, is amended by striking paragraph (3) of subsection (b) and inserting a new paragraph (3) and by inserting a new paragraph (5) of subsection (b) to read as follows:
"(3) A scholarship shortfall reserve subaccount shall be maintained within the Lottery for Education Account. An amount equal to 10 percent of the total amount of lottery proceeds disbursed during the preceding fiscal year in the form of scholarships and grants for higher education shall be deposited from lottery proceeds each year until such amount equals 50 percent of such sum. Thereafter, only an amount necessary to maintain the scholarship shortfall reserve subaccount in an amount equal to 50 percent of the amount of lottery proceeds disbursed during the preceding fiscal year shall be deposited into the subaccount. If the net proceeds paid into the Lottery for Education Account in any year are not sufficient to meet the amount appropriated for higher education scholarships, the shortfall reserve subaccount may be drawn upon to meet the deficiency. In the event it becomes necessary to draw from the reserve subaccount in any fiscal year, the scholarship program shall be reviewed and shall be reduced to accommodate available lottery proceeds, exclusive of the scholarship shortfall reserve subaccount, through such methods as reducing the family income cap qualification, reducing or eliminating grants for student fees and books and reducing the academic years funded."
"(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the amount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include amounts contained in the subaccounts provided for in paragraphs (3) and (4) of this subsection. (B) In the event that the year-end balance of a fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20, except as provided for in subparagraph (C), shall not exceed $200.00 per year beginning in

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the subsequent fiscal year and thereafter. In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20, except as provided for in subparagraph (C), shall not exceed $100.00 per year beginning in the next fiscal year and thereafter. In the event that the year-end balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20, except as provided for in subparagraph (C), shall be eliminated beginning in the next fiscal year and thereafter. (C) This paragraph shall not apply to students who are eligible to participate in the federal Pell Grant program."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Jones of the 38th, Martin of the 37th and Hembree of the 46th move to amend the Committee substitute to HB 1325 by striking "(f)" on line 2 of page 13 and inserting in its place "(g)".
By inserting between lines 5 and 6 of page 13 the following:
"(f) No person who possesses a bachelors, masters, or doctorate degree may receive a HOPE grant."
By striking "(f)" on line 6 of page 13 and inserting in its place "(g)".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe
Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong Y Black

E Day N Dean N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes

Y Hill, C.A N Hill, V Y Hines N Holmes N Houston N Howard N Howell N Hudson N Hugley E Jackson

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre

Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister N Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B Y Cooper Y Crawford N Cummings

MONDAY, MARCH 15, 2004

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
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

N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford
Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall Y McClinton Y Millar Y Mills

N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons
Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon

1993
N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 68, nays 100. The amendment was lost.

The following amendment was read:

Representative Hembree of the 46th et al. move to amend the Committee substitute to HB 1325 by striking "to provide for exceptions;" from line 12 of page 1.
By striking ", except as provided for in subsection (f) of this Code section" from lines 2 and 3 of page 13.
By inserting quotation marks at the end of line 5 of page 13 and by striking lines 6 through 9 of page 13.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1994

JOURNAL OF THE HOUSE

Y Amerson N Anderson N Ashe N 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 E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers N Channell N Childers Y Coan N Coleman, B N Cooper Y Crawford N Cummings

E Day Dean
N Deloach N Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd
Forster Y Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene
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 N Houston N Howard N Howell N Hudson N Hugley E Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton N Millar Y Mills

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons
Porter Powell N Purcell N Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson N Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor N Scott N Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 56, nays 111. The amendment was lost.

The following amendment was read:

Representative Hembree of the 46th et al. move to amend the Committee substitute to HB 1325 by adding to the end of line 6 of page 1 the following:
"to provide that residency requirements for HOPE scholarships and HOPE grants shall be established by regulations of the Georgia Student Finance Commission;".

MONDAY, MARCH 15, 2004

1995

By striking lines 19 through 21 of page 4, lines 18 through 20 of page 5, line 37 of page 5 through line 2 of page 6, and lines 19 through 21 of page 6 and inserting in their respective places the following:
"Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;".
By striking lines 15 through 17 of page 12 and inserting in its place the following: "Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E 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

E Day N Dean N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
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
Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree

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 N Jenkins, C N Jenkins, C.F Y Jones N Jordan N Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons
Porter N Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix

1996
Y Crawford N Cummings

JOURNAL OF THE HOUSE

N Henson Y Hill, C

Y Millar Y Mills

N Shaw Y Sheldon

Y Yates Coleman, Speaker

On the adoption of the amendment, the ayes were 68, nays 100. The amendment was lost.

The following amendment was read:

Representative Hembree of the 46th et al. move to amend the Committee substitute to HB 1325 by striking ", except as provided for in subparagraph (C)," on lines 29 and 30 of page 14, on line 34 of page 14, and on line 1 of page 15.
By adding quotation marks to the end of line 2 of page 15 and by striking lines 3 and 4 of page 15.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell

E Day N Dean N Deloach
Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
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
Greene-Johnson N Hanner Y Harbin

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 N Jenkins, C N Jenkins, C.F Y Jones N Jordan Y Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning

N Mitchell N Mobley N Moraitakis N Morris N Mosby N Mosley Y Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M Y O'Neal N Orrock N Parham N Parrish Y Parsons
Porter N Powell N Purcell Y Ralston
Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L E Warren N Watson E Westmoreland

Y Casas Y Chambers N Channell N Childers Y Coan Y Coleman, B Y Cooper Y Crawford N Cummings

MONDAY, MARCH 15, 2004

Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree N Henson Y Hill, C

N Marin Y Martin Y Massey Y Maxwell N McBee N McCall N McClinton Y Millar Y Mills

N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders N Sailor Y Scott N Shaw Y Sheldon

On the adoption of the amendment, the ayes were 69, nays 98. The amendment was lost.

1997
Y White Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, R N Wix Y Yates
Coleman, Speaker

The following amendment was read:

Representative Hembree of the 46th et al. move to amend the Committee substitute to HB 1325 by striking from lines 12 through 14 of page 1 the following:
"to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee;".
By striking "Code Section 50-27-13" from line 14 of page 1 and inserting in its place the following:
"Article 1 of Chapter 27 of Title 50".
By striking from lines 15 and 16 of page 1 the following:
"disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount",
and inserting in its place the following:
"general provisions relative to the lottery for education".
By inserting after "conditions;" on line 18 of page 1 the following:
"to create the Lottery for Education Legislative Oversight Committee; to provide for membership and duties of such oversight committee;".

1998

JOURNAL OF THE HOUSE

By striking line 10 of page 13 through line 6 of page 14 and inserting in its place the following:
"SECTION 7. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the lottery for education, is amended in Code Section 5027-13, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, by striking paragraph (3) of subsection (b) and inserting a new paragraph (3) and by inserting a new paragraph (5) of subsection (b) to read as follows:".
By inserting between lines 4 and 5 of page 15 the following:
"SECTION 8. Said article is further amended by adding a new Code section to read as follows:
'50-27-35. (a) There is created as a joint committee of the General Assembly the Lottery for Education Legislative Oversight Committee, to be composed of 14 members as follows: three members from each of the following committees, to be appointed by the respective chairperson of the committee: House Committee on Higher Education, Senate Higher Education Committee, House Committee on Education, and Senate Education Committee; and the two cochairpersons of the Georgia Lottery Corporation Legislative Oversight Committee. The members of the committee shall select a chairperson from among their membership who shall serve as chairperson of the oversight committee. The oversight committee shall be authorized to inquire into and review all aspects of the Lottery for Education Account and programs conducted with funds from the Lottery for Education Account, as well as review and evaluate the conditions, needs, and issues of programs conducted with funds from the Lottery for Education Account. The oversight committee may conduct any independent audit or investigation of the commission it deems necessary. The committee shall meet at least twice annually, which shall include a meeting in January no later than the second Monday in January and a second meeting no earlier than July 5 and no later than August 1. The committee may have additional meetings at the call of the chairperson. (b) The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) of this Code section.'"

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

E Day N Dean Y Deloach Y Dix

Y Hill, C.A N Hill, V Y Hines N Holmes

N Mitchell N Mobley N Moraitakis N Morris

N Sholar N Sims N Sinkfield N Skipper

MONDAY, MARCH 15, 2004

Y Barnard N Barnes N Beasley-Teague N Benfield N Birdsong N Black N Boggs N Bordeaux N Borders Y Bridges N Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers N Channell N Childers Y Coan Y Coleman, B N Cooper Y Crawford N Cummings

N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
Ehrhart Y Elrod N Epps Y Fleming N Floyd, H N Floyd, J N Fludd Y Forster N Franklin N Gardner Y Golick Y Graves, D Y Graves, T N Greene
Greene-Johnson N Hanner Y Harbin Y Harper N Harrell Y Heard, J N Heard, K Y Heath
Heckstall Y Hembree N Henson Y Hill, C

N Houston N Howard N Howell N Hudson N Hugley E Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan N Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton N Millar Y Mills

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
Porter Y Powell N Purcell Y Ralston N Randall N Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L Y Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

1999
Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow N Stanley-Turner
Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan N Thomas, A.M N Thompson Y Walker, L Y Walker, R.L E Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 67, nays 100. The amendment was lost.

The following amendment was read:

Representatives Martin of the 37th and Hembree of the 46th move to amend the Committee substitute to HB 1325 by striking the quotation marks at the end of line 4 of page 15 and by inserting between lines 4 and 5 of page 15 the following:
"(D) This paragraph shall not apply to students who attain a cumulative grade point average of at least 3.5.'"

2000

JOURNAL OF THE HOUSE

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Amerson N Anderson N Ashe Y Bannister N Barnard N Barnes N Beasley-Teague N Benfield N Birdsong Y Black Y Boggs N Bordeaux N Borders Y Bridges Y Brock N Brooks N Broome Y Brown E Bruce N Buck N Buckner, D N Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas N Chambers N Channell N Childers Y Coan Y Coleman, B
Cooper Y Crawford Y Cummings

E Day N Dean N Deloach Y Dix N Dodson Y Dollar N Dooley Y Douglas N Drenner N Dukes
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
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 N Howell N Hudson N Hugley E Jackson N James N Jamieson N Jenkins, C N Jenkins, C.F Y Jones N Jordan N Joyce Y Keen Y Knox N Lane Y Lewis N Lord N Lucas Y Lunsford N Maddox N Mangham Y Manning N Marin Y Martin Y Massey Y Maxwell N McBee Y McCall N McClinton N Millar Y Mills

N Mitchell 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 Y Parsons
Porter Y Powell N Purcell N Ralston N Randall
Ray N Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J N Roberts, L N Rogers, C Y Rogers, Ch. N Royal Y Rynders
Sailor Y Scott N Shaw Y Sheldon

N Sholar N Sims N Sinkfield N Skipper Y Smith, B Y Smith, L N Smith, P N Smith, T Y Smith, V
Smyre N Snow N Stanley-Turner N Stephens, E Y Stephens, R N Stephenson N Stokes N Stoner N Teilhet N Teper N Thomas Morgan Y Thomas, A.M N Thompson N Walker, L Y Walker, R.L E Warren N Watson E Westmoreland Y White Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, R N Wix Y Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 68, nays 97. The amendment was lost.

The following amendment was read:

Representative Dukes of the 136th moves to amend the Committee substitute to HB 1325 as follows:

MONDAY, MARCH 15, 2004

2001

By adding a new Section 9 to read as follows:
"Notwithstanding any other provision of this chapter to the contrary, no student shall be entitled to any of the Hope grants provided for herein if he or she comes from a family where the adjusted gross income is in the amount of $200,000.00 or more."
and by renumbering Section 9 as Section 10.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson N Ashe N Bannister N Barnard N Barnes Y Beasley-Teague N Benfield N Birdsong Y Black N Boggs N Bordeaux N Borders N Bridges N Brock Y Brooks N Broome N Brown E Bruce N Buck N Buckner, D N Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers N Channell N Childers N Coan N Coleman, B N Cooper N Crawford N Cummings

E Day Y Dean N Deloach N Dix N Dodson N Dollar N Dooley N Douglas N Drenner Y Dukes
Ehrhart N Elrod Y Epps N Fleming N Floyd, H N Floyd, J Y Fludd Y Forster N Franklin N Gardner N Golick N Graves, D N Graves, T N Greene
Greene-Johnson N Hanner N Harbin N Harper N Harrell N Heard, J N Heard, K N Heath
Heckstall N Hembree N 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 E Jackson Y James N Jamieson N Jenkins, C N Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox N Lane N Lewis N Lord Y Lucas N Lunsford N Maddox Y Mangham N Manning N Marin N Martin N Massey N Maxwell N McBee N McCall N McClinton N Millar N Mills

Y Mitchell Y Mobley N Moraitakis N Morris N Mosby N Mosley N Murphy, J N Murphy, Q N Noel N Oliver, B N Oliver, M N O'Neal N Orrock N Parham N Parrish N Parsons
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 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 Y Stanley-Turner N Stephens, E N Stephens, R Y Stephenson N Stokes N Stoner N Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M N Thompson N Walker, L N Walker, R.L E Warren N Watson E Westmoreland N White N Wilkinson N Willard N Williams, A Y Williams, E N Williams, R N Wix N Yates
Coleman, Speaker

On the adoption of the amendment, the ayes were 27, nays 142.

2002

JOURNAL OF THE HOUSE

The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister Y Barnard 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 E 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
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 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
Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F 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 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 168, nays 1.

MONDAY, MARCH 15, 2004

2003

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Greene-Johnson of the 60th, Post 3 stated that she was called from the floor during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Hugley of the 113th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 1714. By Representatives Royal of the 140th, Richardson of the 26th, Buck of the 112th, Keen of the 146th, Buckner of the 82nd and others:
A BILL to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black

E Day Y Dean Y Deloach
Dix Y Dodson Y Dollar N Dooley
Douglas Y Drenner Y Dukes

Y Hill, C.A Y Hill, V N Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley N Murphy, J Y Murphy, Q Y Noel Y Oliver, B

Y Sholar Sims
Y Sinkfield Y Skipper Y Smith, B N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smyre

2004
Y Boggs Y Bordeaux Y Borders Y Bridges N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck N Buckner, D Y Buckner, G N Bunn
Burkhalter Y Burmeister Y Butler Y Campbell Y Casas Y Chambers Y Channell Y Childers Y Coan
Coleman, B N Cooper Y Crawford Y Cummings

JOURNAL OF THE HOUSE

Ehrhart Y Elrod Y Epps Y Fleming Y Floyd, H Y Floyd, J Y Fludd Y Forster N Franklin Y Gardner N Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper N Harrell N Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham N Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar N Mills

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 Snow Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes N Stoner N Teilhet Y Teper N Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 141, nays 22. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Sims of the 130th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Coleman of the 65th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1274. By Representatives Day of the 126th, Skipper of the 116th, Parham of the 94th and Stephens of the 123rd:
A BILL to amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, so as to provide that if a court or the department has not secured a driver's license within 30 days

MONDAY, MARCH 15, 2004

2005

following the date of final conviction giving rise to the suspension, then the revocation or suspension shall begin upon the expiration of the 30 day period; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, so as to provide that if a court or the department has not secured a drivers license within 10 days following the date of final conviction giving rise to the suspension, then the revocation or suspension shall begin upon the expiration of the 10 day period; to provide for applicability; 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 40-5-61 of the Official Code of Georgia Annotated, relating to surrender and return of license, is amended by striking subsection (e) of said Code section and inserting in its place the following:
"(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no period of revocation or suspension shall begin until the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter, whichever date shall first occur; provided, however, that if neither the department nor the court has secured the surrender of the license within 10 days following the date of the final conviction or other event giving rise to the revocation or suspension, then the revocation or suspension shall begin upon the expiration of said 10 day period. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling. This subsection shall apply to any person whose license has been suspended or revoked on and after January 1, 2003."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

2006

JOURNAL OF THE HOUSE

The following substitute, offered by Representatives Powell of the 23rd, Parham of the 94th and Martin of the 37th was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relating to suspension of drivers licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-53, relating to when courts to send licenses and reports of convictions to the department and retention of license by the department, by striking subparagraph (a) and inserting in its place the following:
"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension 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 destroy any suspended or revoked drivers licenses, permits, or identification cards 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 new drivers original license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the 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. No additional fee shall be required for the return of such original license issuance of a replacement drivers license, permit, or identification card. The department may destroy a suspended license if the licenses expiration date, as shown on the license, is less than one year away."
SECTION 2. Said chapter is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, by striking subsection (e) and inserting in its place the following:
"(e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, or from the date a license is surrendered to a court under any provision of this chapter, or on the date that the

MONDAY, MARCH 15, 2004

2007

department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling."
SECTION 3. Said chapter is further amended in Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension, by striking paragraph (1) of subsection (b) and inserting in its place the following:
"(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after six months from the date on which the suspended license was surrendered to and received by the department; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her drivers license reinstated after 12 months from the date on which the suspended license was surrendered to and received by the department; or"
SECTION 4. Said chapter is further amended in Code Section 40-5-61, relating to surrender and return of license, by striking subsection (e) and inserting in its place the following:
"(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, no the period of revocation or suspension shall begin until on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling."
SECTION 5. Said chapter is further amended in Code Section 40-5-62, relating to periods of

2008

JOURNAL OF THE HOUSE

revocation and conditions to restoration of license or issuance of new license, by striking paragraph (1) of subsection (a) and inserting in its place the following:
"(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a persons having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his drivers license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or"
SECTION 6. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by striking subsection (e) and inserting in its place the following:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the drivers eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicants drivers license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the drivers license. A person convicted of such offense whose drivers license had been surrendered to the court in which in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her drivers license to the court in which the conviction was adjudged, to the department, or if the department has processed the citation or conviction. Upon the applicants execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her drivers license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose drivers license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicants surrender to the department of his or her drivers license and the execution of a similar affidavit, or if the drivers license has been lost, upon execution of an

MONDAY, MARCH 15, 2004

2009

additional affidavit to that effect, the department may issue such person a limited driving permit."
SECTION 7. Said chapter is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking subsection (b) and inserting in its place the following:
"(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any drivers license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the drivers license or on the date that the department processes the conviction or citation, whichever shall first occur of such persons conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a drivers license or the persons drivers license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a drivers license."
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Martin of the 37th, Powell of the 23rd and Dodson of the 84th, Post 1 move to amend the Floor substitute to HB 1274 by adding after the word "as" on line 2 of page 1 the following:
"to change certain provisions relating to furnishing of information;".
By adding between lines 4 and 5 of page 1 the following:

2010

JOURNAL OF THE HOUSE

"SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by striking division (c)(1)(B)(ii) and inserting in its place the following:
'(ii) For the purpose of ascertaining necessary rating information by an insurance agent or insurer pursuant to an insurers a contract with the Georgia Technology Authority for the immediate on-line electronic furnishing of limited rating information to such insurers agents and insurance support organizations. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a drivers operating record shall be released to such agents or insurance support organizations for delivery to agents for purposes of rating;'".
By redesignating Sections 1 through 8 as Sections 2 through 9, respectively.
By striking lines 6 and 7 of page 1 and inserting in their place the following:
"Said chapter is further amended in Code Section 40-5-53, relating to when courts to send licenses and reports of".

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

E Day Dean
Y Deloach Dix
Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner

Y Hill, C.A Hill, V
Y Hines Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell Y Casas
Chambers Y Channell Y Childers Y Coan Y Coleman, B Y Cooper Y Crawford Y Cummings

MONDAY, MARCH 15, 2004

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
Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones
Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham
Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y 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

2011
Y Smyre Snow
Y Stanley-Turner Y Stephens, E Y Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1499. By Representatives Keen of the 146th, Dodson of the 84th, Post 1 and Harper of the 88th, Post 2:
A BILL to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; and for other purposes.

2012

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; 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 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, is amended by striking subparagraph (A) of paragraph (4) of subsection (a) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(4)(A) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 30 days of coverage. Insurers may rely on the insureds statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies."
SECTION 2. This Act shall become effective on January 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe Y Bannister

E Day Y Dean Y Deloach
Dix

Y Hill, C.A Hill, V
Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

MONDAY, MARCH 15, 2004

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 E Bruce Y Buck Y Buckner, D Y Buckner, G Y Bunn Y Burkhalter Y Burmeister Y Butler Y Campbell
Casas Y Chambers Y Channell
Childers Y Coan Y Coleman, B Y Cooper
Crawford Y Cummings

Y Dodson Y Dollar Y Dooley Y Douglas Y Drenner Y Dukes
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
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 Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F
Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford
Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Y Millar Y Mills

Y Mosby Y Mosley
Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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

2013
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1608. By Representatives Birdsong of the 104th, Warren of the 99th, Heath of the 18th, Douglas of the 73rd, Roberts of the 135th and others:
A BILL to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that the Department of Veterans Service may certify to a disability; and for other purposes.

2014

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 N Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges Y Brock Y Brooks Y Broome Y Brown E 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
Dix Y Dodson Y Dollar N 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
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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce
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
McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J Y Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders Y Sailor Y Scott Y Shaw
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 Morgan Y Thomas, A.M
Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1547. By Representatives Greene of the 134th, Purcell of the 122nd and McBee of the 74th:

MONDAY, MARCH 15, 2004

2015

A BILL to amend Code Section 20-3-312 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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 E Bruce Y Buck Y Buckner, D Y Buckner, G
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

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 Y Floyd, J Y 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
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, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas
Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston Y Randall Y Ray 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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, the ayes were 167, nays 0.

2016

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.

HB 1048. By Representatives Cummings of the 19th, Day of the 126th and Holmes of the 48th, Post 1:
A BILL to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, so as to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; to provide for rules and regulations; to authorize certain exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by and a study of the local Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph paragraphs (3) and (4) of this

MONDAY, MARCH 15, 2004

2017

subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the eighth grade year. The State Board of Education is authorized to provide for exemptions to the required course of study for students whose parent or parents serve in the armed forces of the United States."
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
Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders Y Bridges

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 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, C Y Jenkins, C.F

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 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

2018
Y Brock Y Brooks Y Broome Y Brown E 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 Y Crawford
Cummings

JOURNAL OF THE HOUSE

Y Floyd, H Y Floyd, J Y Fludd Y Forster Y Franklin Y Gardner Y Golick Y Graves, D Y Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

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 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
Sheldon

Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Cummings of the 19th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 869. By Representatives Coleman of the 118th, Jenkins of the 93rd and Stephenson of the 60th, Post 1:
A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal certain additional charges on criminal and civil filings and proceedings; to repeal Code Section 15-6-77.4, relating to an additional divorce case filing fee for the Children's Trust Fund; to repeal Code Section 14-9-60.1, relating to an additional marriage license fee for the Children's Trust Fund; to repeal Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund of 1983"; to repeal Article 7 of Chapter 21, relating to the compensation to victims of violators of driving under the influence statute; to repeal Code Section 15-21-149; to repeal Code Section

MONDAY, MARCH 15, 2004

2019

15-21-150; to repeal Code Section 15-21-151; to repeal Code Section 15-21152; and for other purposes.

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the membership of the Georgia Superior Court Clerks Cooperative Authority; to provide that the Georgia Superior Court Clerks Cooperative Authority shall act as the collecting and remitting agent for the centralized collection and remittance of certain court costs and fees and certain additional penalties and bonds in criminal cases; to prescribe certain new additional court costs and fees and penalties and bond surcharges in criminal cases and provide for the disposition thereof; to provide for application fees for persons applying for indigent defense services and provide for the disposition thereof; to provide for intent with respect to availability of certain funds for appropriation for indigent defense purposes; to state legislative findings; to define terms; to provide for court clerks and other officials to remit funds to the authority and provide measures for accountability therefor; to authorize the authority to prescribe forms and procedures for reporting in connection with collections by the authority; to provide for remittances by the authority and certain reporting with respect thereto; to make numerous conforming amendments; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (1) of subsection (b) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in its place a new paragraph to read as follows:
"(b)(1) The authority shall consist of seven nine members as follows: (A) The two members who are not required to be superior clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed as provided by prior law shall continue to serve and their successors shall likewise be appointed by the executive board of The Council of Superior Court Clerks of Georgia; (B) The two members appointed by the executive board of The Council of Superior Court Clerks of Georgia, who are and shall currently be superior court clerks, to

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serve for a term of two years each and until their respective successors are appointed as provided by prior law shall continue to serve and their successors shall likewise be superior court clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia; (C) The one member appointed by the Governor, who is and shall currently be a county commissioner, to serve for a term of three years and until such member's respective successor is appointed as provided by prior law shall continue to serve and his or her successors shall likewise be county commissioners appointed by the Governor; (D) The and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed who are not required to be county commissioners appointed as provided by prior law shall serve out the terms for which they were appointed; and upon the expiration of such terms and thereafter a successor to one such member shall be appointed by the Governor and a successor to the other such member shall be appointed by the Chief Justice of the Supreme Court; (E) One member appointed by the Lieutenant Governor; and (F) One member appointed by the Speaker of the House. All members After the initial appointments, all members thereafter shall serve for terms of three years each and until their successors are appointed and qualified. All acts performed by the authority prior to April 1, 1994, shall have the same force and effect as if this paragraph had been in effect since the creation of the authority."
SECTION 2. Said Title 15 is further amended by adding a new Chapter 21A to read as follows:
"CHAPTER 21A
15-21A-1. (a) The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance for local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance. (b) It is the intent of this chapter to meet the needs identified in subsection (a) of this Code section and to provide for certain new fees and surcharges in order that funds may

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be made available for appropriation and may be appropriated for purposes of indigent defense.
15-21A-2. As used in this chapter, the term 'authority' means the Georgia Superior Court Clerks Cooperative Authority established pursuant to Code Section 15-6-94.
15-21A-3. The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges specified in this Code section. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority or state funds. The costs, fees, and surcharges subject to this Code section are:
(1) A portion of the fees for filing instruments pertaining to real estate under subsection (b) of Code Section 15-6-98; (2) The additional divorce case filing fee under Code Section 15-6-77.4 and the additional marriage license fee under Code Section 15-9-60.1; (3) The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section 1521-73; (4) The surcharge on fines and bonds which may be imposed for county jail fund purposes under Code Section 15-21-93; (5) The additional penalties imposed in drug cases for drug abuse treatment and education purposes under Code Section 15-21-100; (6) The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section 15-21-112; (7) The fine surcharges imposed for local victim assistance purposes under Code Section 15-21-131; (8) The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; (9) The additional civil filing fee for alternative dispute resolution purposes which may be imposed under Code Section 15-23-7; (10) County law library fees which may be imposed under Code Section 36-15-9; (11) Probation fees collected by the courts under Code Section 42-8-34; (12) Funds collected and remitted for purposes of the Judges of the Probate Courts Retirement Fund of Georgia under Code Sections 47-11-50 and 47-11-51; (13) Funds collected and remitted for purposes of the Superior Court Clerks Retirement Fund of Georgia under Code Sections 47-14-50 and 47-14-51; (14) Funds collected and remitted for purposes of the Sheriffs Retirement Fund of Georgia under Code Section 47-16-60; and (15) Funds collected and remitted for purposes of the Peace Officers Annuity and Benefit Fund under Code Section 47-17-60.

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15-21A-4. (a)(1) Each clerk of any court or any other officer or agent of any court receiving any funds subject to this chapter on or after July 1, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (1) of this subsection by any court within the county. If any court is more than 30 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section, the authority shall notify the chief judge of superior court of the county in which the court is located and the commissioner of community affairs. The commissioner of community affairs shall suspend the status of the local government served by the court as a qualified local government under Article 1 of Chapter 8 of Title 50 until such time as the delinquency or habitual delinquency is cured.
(b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3; and all clerks or other officers or agents remitting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code Section 1521A-3 and the manner of allocation of such partial or installment collections. Any funds held by any court or unit of local government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures.
15-21A-5. (a) The authority shall be entitled to retain from the funds received by the authority under Code Section 15-21A-3 and 15-21A-7 an amount equal to 1 percent of such funds, but in no event more than $500,000.00 per fiscal year, to reimburse the authority for its costs in administering this chapter. The net proceeds, after deduction of such administrative costs, from the funds received by the authority under Code Section 1521A-3 shall be remitted by the authority as follows:
(1) The net proceeds received pursuant to paragraph (1) of Code Section 15-21A-3 shall be remitted to the general fund of the authority for the use of the authority as otherwise provided by law; (2) The net proceeds received pursuant to paragraph (2) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (3) The net proceeds received pursuant to paragraph (3) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (4) The net proceeds received pursuant to paragraph (4) of Code Section 15-21A-3 shall be remitted to the governing authority of the county from which the funds were received for deposit into the county jail fund of that county;

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(5) The net proceeds received pursuant to paragraph (5) of Code Section 15-21A-3 shall be remitted to the governing authority of the county from which the funds were received for deposit into the County Drug Abuse Treatment and Education Fund of that county; (6) The net proceeds received pursuant to paragraph (6) of Code Section 15-21A-3 shall be remitted to the Georgia Crime Victims Compensation Board to be deposited into the Georgia Crime Victims Emergency Fund; (7) The net proceeds received pursuant to paragraph (7) of Code Section 15-21A-3 shall be remitted to local victim assistance programs of the county from which the funds were received as provided in Code Section 15-21-132; (8) The net proceeds received pursuant to paragraph (8) of Code Section 15-21A-3 shall be remitted to the Brain and Spinal Injury Trust Fund Commission for deposit into the Brain and Spinal Injury Trust Fund; (9) The net proceeds received pursuant to paragraph (9) of Code Section 15-21A-3 shall be remitted to the board of trustees of the county from which the funds were received for deposit into the County Fund for the Administration of Alternative Dispute Resolution Programs of that county; (10) The net proceeds received pursuant to paragraph (10) of Code Section 15-21A-3 shall be remitted to the governing authority of the county from which the funds were received for deposit into the county law library fund of that county; (11) The net proceeds received pursuant to paragraph (11) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (12) The net proceeds received pursuant to paragraph (12) of Code Section 15-21A-3 shall be remitted to the Judges of the Probate Court Retirement Fund of Georgia; (13) The net proceeds received pursuant to paragraph (13) of Code Section 15-21A-3 shall be remitted to the Superior Court Clerks Retirement Fund of Georgia; (14) The net proceeds received pursuant to paragraph (14) of Code Section 15-21A-3 shall be remitted to the Sheriffs Retirement Fund of Georgia; and (15) The net proceeds received pursuant to paragraph (15) of Code Section 15-21A-3 shall be remitted to the Peace Officers Annuity and Benefit Fund. (b) The net proceeds received pursuant to Code Section 15-21A-7 shall be remitted to the general fund of the state treasury. (c) Any interest earned on funds subject to this chapter while in the custody of the authority shall be remitted to the general fund of the state treasury.
15-21A-6. Notwithstanding any provision to the contrary in Chapter 11, 14, 16, or 17 of Title 47, any funds to be remitted by any clerk or other officer of any court to any state retirement system shall be remitted to the Georgia Superior Court Clerks Cooperative Authority as custodial agent, in accordance with the manner prescribed in this chapter, for remittance by the authority to the state retirement system in accordance with the time schedule fixed in the law relating to such state retirement system.

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15-21A-7. (a) In addition to all other legal costs there shall be charged and collected an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorders, mayors, municipal, and magistrate courts. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Any person who applies for or receives legal defense services under Chapter 12 of Title 17 shall pay a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it finds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense.
15-21A-8. The authority shall, on a quarterly basis, make a detailed report and accounting of all funds collected and remitted pursuant to this chapter and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the General Assembly no later than 30 days after the last day of the preceding quarter.
15-21A-9. Any clerk of court or any other officer or agent receiving any funds subject to this Code who knowingly fails to pay over any such funds to the authority as required by this Code section shall be guilty of a misdemeanor, except that if the amount of funds knowingly not paid over is $10,000.00 or more then such person shall be guilty of a felony and punished by imprisonment for not less than one nor more than ten years. The offense created by this Code section shall not merge with any other offense."
SECTION 3. Said Title 15 is further amended by striking subsection (a) of Code Section 15-6-77.4, relating to additional filing fees in divorce cases, and inserting in its place a new subsection to read as follows:
"(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an

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additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter."
SECTION 4. Said Title 15 is further amended by striking Code Section 15-9-60.1, relating to additional marriage license fees, and inserting in its place a new Code section to read as follows:
"15-9-60.1. (a) In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 nor or be used for the purpose of calculating retirement benefits for judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the commissioner of revenue Georgia Superior Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter. (b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount."
SECTION 5. Said Title 15 is further amended by striking Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund Act of 1983," and inserting in its place a new article to read as follows:
"ARTICLE 4

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15-21-70. This article shall be known as and may be cited as the 'Peace Officer, and Prosecutor, and Indigent Defense Funding Training Fund Act of 1983.'
15-21-71. This article is enacted in part pursuant to the authority of Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.
15-21-72. It is the intent of this article to provide funding for the training of law enforcement and prosecutorial officers and to make funds available for funding state indigent defense programs.
15-21-73. (a)(1) In every case in which any state court, probate court, recorders, mayors, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the: (A) The lesser of $50.00 or 10 percent of the original fine; plus (B) An additional 7.5 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the: (A) The lesser of $50.00 or 10 percent of the original amount of bail or bond; plus (B) An additional 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, or superior court shall order the forfeiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74.
(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.
15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the commissioner of revenue Georgia Superior

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Court Clerks Cooperative Authority by the last day of the month there following, to be deposited by him the authority into the general treasury. The commissioner of revenue authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
15-21-75. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved.
15-21-76. Any person whose duty it is to collect and remit the sum provided for in this article who fails or refuses to so remit shall be guilty of a misdemeanor. Reserved.
15-21-77. (a) An amount equal to all funds remitted as provided in Code Section 15-21-74 the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-2173 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This Code section subsection shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73 shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense."
SECTION 6. Said Title 15 is further amended by striking subsection (a) of Code Section 15-21-94, relating to collection and expenditure of county jail fund fees, and inserting in its place a new subsection to read as follows:
"(a) The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over by the last day of the month after the month of collection to the Georgia Superior Court Clerks Cooperative Authority for remittance to the governing authority of the county in which the court is located or, in the case of a municipality which has contracted for jail services, to the governing

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authority of the county with which the municipality has contracted by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the 'county jail fund.'"
SECTION 7. Said Title 15 is further amended by striking subsection (a) of Code Section 15-21-101, relating to collection and expenditure of county drug abuse and treatment education fees, and inserting in its place a new subsection to read as follows:
"(a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over by the last day of the month after the month of collection to the Georgia Superior Court Clerks Cooperative Authority for remittance to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.'"
SECTION 8. Said Title 15 is further amended by striking Code Sections 15-21-113 and 15-21-114, relating to collection and remittance of additional penalties in driving under the influence cases for the Georgia Crime Victims Emergency Fund, and inserting in their place the following:
"15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board by the last day of the month there following, to be deposited into the Georgia Crime Victims Emergency Fund. The Georgia Crime Victims Compensation Board authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
15-21-114. When any such person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of

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said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 9. Said Title 15 is further amended by striking Code Sections 15-21-132 and 15-21-133, relating to collection and remittance of additional penalties for local victim assistance programs, and inserting in their place the following:
"15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over on a monthly basis to the Georgia Superior Court Clerks Cooperative Authority by the end of the month after the month of collection. The net proceeds shall be distributed by the authority as follows:
(1) If the county where the fine was imposed operates or participates in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to that victim assistance program; or (2) If the county where the fine was imposed does not operate or participate in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activities carried out by the district attorneys office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorneys office and shall be in addition to rather than in lieu of any other such funds. (a.1) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit to the Criminal Justice Coordinating Council a monthly financial report which states the amount collected and the agencies, organizations, or programs which directly received funds in that same period from said officer in order to allow coordination of local, state, and federal funding sources for similar services. (b) The Criminal Justice Coordinating Council shall promulgate rules governing the approval of victim assistance programs. The rules shall provide for the approval of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that approval shall be liberally granted so as to encourage local innovations in the development of victim assistance programs.
15-21-133. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to

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be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 10. Said Title 15 is further amended by striking Code Sections 15-21-150 and 15-21-151, relating to collection and remittance of additional penalties in driving under the influence cases for the Brain and Spinal Injury Trust Fund, and inserting in their place the following:
"15-21-150. The sums provided for in Code Section 15-21-149 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-143 by the last day of the month there following, to be deposited into the Brain and Spinal Injury Trust Fund.
15-21-151. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 10 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. Reserved."
SECTION 11. Said Title 15 is further amended by striking subsection (d) of Code Section 15-23-7, relating to civil action fees for alternative dispute resolution purposes, and inserting in its place a new subsection to read as follows:
"(d) The clerk of each and every such court in such counties shall collect such fees and remit the same to the Superior Court Clerks Cooperative Authority by the last day of the month following the month of collection. The authority shall remit the net proceeds to the treasurer of the board of the county in which the case was brought, on the first day of each month. No change in the amount collected pursuant to this Code section may be made within a period of 12 months from the date of a previous change."
SECTION 12. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (a) of Code Section 36-15-9, relating to additional court

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costs for county law library purposes, and inserting in its place a new subsection to read as follows:
"(a) For the purpose of providing funds for those uses specified in Code Section 36-157, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except county recorders courts or municipal courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same by the end of the month following the month of collection to the Georgia Superior Court Clerks Cooperative Authority. The authority shall remit the net proceeds to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. Where fees collected by the treasurer have been allocated for the purpose of establishing or maintaining the codification of county ordinances, the allocated amount shall in turn be remitted by the treasurer to the county governing authority for said purpose on a monthly basis or as otherwise agreed by the treasurer and the county governing authority. The county ordinance code provided for in subsection (a) of Code Section 36-15-7 shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made."
SECTION 13. Said Title 36 is further amended by striking Code Section 36-15-11, relating to collection and remittance of county law library fees in certain counties, and inserting in its place a new Code section to read as follows:
"36-15-11. Notwithstanding any other provision of this chapter, in all counties of this state having a population of 700,000 or more according to the United States decennial census of 1980 or any future such census, all funds collected by reason of this chapter shall be paid to the Georgia Superior Court Clerks Cooperative Authority. The authority shall transmit the net proceeds into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund. All disbursements for the purposes of this chapter shall be in accordance with the budget procedures which may be established in such counties. In such counties there shall be no treasurer of the board of trustees. The

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county governing authorities of such counties shall report to the board of trustees, not later than January 15 of each year, the amount of money collected in the preceding calendar year by the assessment of such fees as are provided in this chapter."
SECTION 14. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-8-34, relating to determination and disposition of probation, and inserting in its place a new subsection to read as follows:
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any probation fees collected by the court shall be remitted not later than the last day of the month after such fee is collected to the Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth last day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit to the Georgia Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury."
SECTION 15. This Act shall become effective on July 1, 2004. This Act shall apply with respect to funds collected by court clerks and other officers and agents collecting funds subject to this Act on or after that date, except that partial and installment payments held by clerks

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and other officers and agents on July 1, 2004, shall on and after that date be subject to this Act.
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jenkins of the 93rd et al. move to amend the Committee substitute to HB 869 by striking lines 20 and 21 of page 2 and inserting in lieu thereof the following:
"successor to one such member shall be a superior court clerk appointed by the Governor and a successor to the other such member shall be a superior court judge appointed by the Chief Justice of the Supreme Court;".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y 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 E 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
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 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, C Y Jenkins, C.F
Jones Y Jordan
Joyce Y Keen N Knox Y Lane Y Lewis

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 N Ralston
Randall

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 Morgan Y Thomas, A.M

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Y Buckner, G N 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

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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 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 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 Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1318. By Representatives Bordeaux of the 125th, Campbell of the 39th, Massey of the 24th and Mangham of the 62nd:
A BILL to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to change provisions relating to the qualifications of members of the Georgia Public Defender Standards Council and members of the public defender selection panel; and for other purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to change provisions relating to the qualifications of members of the Georgia Public Defender Standards Council; to change provisions relating to the Georgia Public Defender Standards Councils standards; to create a

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Georgia Public Defender Standards Council Oversight Committee and provide for members, duties, annual reporting, allowances, and performance audits; to provide for immunity for certain persons for certain matters; to provide for changes relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council, funding, and personnel; to provide for matters for certain counties that were operating under "The Georgia Criminal Justice Act"; to provide for definitions; to provide for requirements as to actions by superior courts where there are more than two judges in a county or circuit; to provide for arrangements for indigents in criminal proceedings; to provide for compensation of assigned counsel generally; to provide for compensation of nonprofit legal aid agencies; to provide for the office of public defender and the appointment, term, and qualifications thereof; to provide for matters related to competence of attorneys assigned as counsel to defend indigent persons; to provide for assignment and duties of substitute attorneys; to provide for standards for determination of indigency; to provide for recovery of payment or reimbursement from defendants receiving legal assistance or benefits; to provide for maintenance of records and reports by public defenders and legal aid agencies; to provide for financing of costs of indigent defense programs by counties and private contributions; to provide for applicability; to provide for a specific repealer; to change provisions relating to the qualifications of members of the public defender selection panel; to change provisions relating to qualifications for the position of circuit public defender; to change provisions relating to the salary of the circuit public defender; to change provisions relating to the Georgia Public Defender Standards Councils budget and support from the Administrative Office of the Courts; to change provisions relating to appointment of assistant public defenders and their salary; to change provisions relating to appointment of an investigator; to change provisions relating to classification of personnel; 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 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, is amended by striking subsection (c) of Code Section 17-12-3, relating to the membership of the Georgia Public Defender Standards Council, and inserting in lieu thereof the following:
"(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 organizations and individuals within the state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51,

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any employee of a prosecuting attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia to serve on the council."
SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 17-12-8, relating to approval of the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, to read as follows:
"(c) The initial minimum standards promulgated by the council pursuant to this Code section shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become effective only when ratified by joint resolution of the General Assembly. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such ratification; provided, however, the minimum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly."
SECTION 3. Said chapter is further amended by inserting a new Code section to read as follows:
"17-12-10.1. (a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of three members of the House of Representatives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the Lieutenant Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson and the Lieutenant Governor shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Lieutenant Governor shall appoint a member of the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate the following:
(1) Information on new programs submitted by the council; (2) Information on standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; and (5) Such other information or reports as deemed necessary by such committee.

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(d) The council shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (e) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (f) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (g) The committee shall be authorized to request that a performance audit of the council be conducted."
SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter."
SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 17-12-11, relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council, funding, and personnel, and inserting in lieu thereof the following:
"(b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties 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."
SECTION 6. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 1A
17-12-19.1. As used in this article, the term:

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(1) 'County governing authority' means the judge of the probate court, board of county commissioners, or other authority in a county which by law has the duty to levy taxes and provide funds for the operation of the courts in the county. (2) 'Court concerned' means a court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a party or over the detention of an indigent person. When a superior court has prescribed an arrangement under paragraph (1) of subsection (a) of Code Section 17-12-19.3, it shall also be a 'court concerned.' (3) 'Criminal proceedings' means any proceedings in which a person is charged with a violation of a local ordinance or state law; and, because of the violation, the person may be incarcerated in any jail or other penal institution in this state. (4) 'Defending attorney' means an assigned attorney, an attorney attached to the staff of a nonprofit legal aid agency, a public defender, or an attorney attached to the staff of a public defender. (5) 'Indigent person' means a person who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of legal representation, determined as provided for in this article.
17-12-19.2. When there are more than two judges of the superior court in a county or circuit, any action required under this article, in the form of a rule of the court, must be taken by at least a majority of the judges of that court. Where there are only two judges, the action must be concurred in by both judges.
17-12-19.3. (a) All courts of this state having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the representation of indigent persons in criminal proceedings in such court. After ascertaining that the defendant is in fact indigent, it shall provide this representation by:
(1) An arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk or deputy clerk of the superior court, the clerk or deputy clerk of the court concerned, or of an administrator appointed by the superior court for such purpose; (2) An arrangement whereby a nonprofit legal aid agency or agencies will be assigned to provide the representation; or (3) An arrangement whereby a combination of the above arrangements indicated in paragraphs (1) and (2) of this subsection will provide the representation. (b) Until the superior court in a county has by rule prescribed an appropriate arrangement, any court concerned may assign attorneys to provide the representation. In this event, any court concerned may, by its own rule, prescribe an arrangement whereby attorneys will be assigned on an equitable basis through a systematic,

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coordinated plan under delegation to and supervision of the clerk or deputy clerk of that court. (c) Any arrangement under subsection (a) of this Code section may be made applicable to one, or more, or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit. (d) If the superior court in a county for any reason does not provide for an arrangement prescribed in subsection (a) of this Code section, the county governing authority may perform the functions ascribed to the superior court in this Code section.
17-12-19.4. (a) When a superior court prescribes an arrangement under Code Section 17-12-19.3 which involves the assignment of attorneys, it shall prescribe the compensation of the defending attorneys whom it assigns as provided for in this article and approve the expenses necessarily incurred by them in the defense of indigents under this article. The county governing authority shall recommend the limits for attorney fees for the several courts in the county that may be prescribed by the courts for the defense of indigents and such investigation expenses as may be necessary and approved by the court. (b) Notwithstanding subsection (a) of this Code section, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits prescribed in subsection (a) of this Code section as the trial court may determine and find to be necessary to provide for compensation for protracted representation. (c) The county governing authority shall pay assigned attorneys the amounts prescribed in this Code section from public funds available for the operation of the courts in the county.
17-12-19.5. (a) When a nonprofit legal aid agency is involved in providing legal services to an indigent person under this article, the court concerned may allow to the legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency the amount so determined from public funds available for the operation of the courts in the county. (b) The county governing authority may, in lieu of compensation allowable under subsection (a) of this Code section, contract with a nonprofit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this article.
17-12-19.6. (a) In addition to the arrangements authorized under Code Section 17-12-19.3, the superior court of a county, with the concurrence of the county governing authority, may establish and maintain an office of public defender to provide indigent persons with the representation contemplated under this article.

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(b) If an office of public defender is established for a county, the superior court of that county shall appoint a person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with a crime. During his or her incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his or her office unless he or she is approved in writing to practice criminal law by the senior judge of the superior court of his or her judicial circuit. The superior court, with the concurrence of the county governing authority, shall determine whether the public defender is to be employed on a full-time or a parttime basis and shall determine his or her compensation. (c) If an office of public defender is established, the public defender may employ, in the manner and at the compensation prescribed by the superior court and concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this subsection serves at the pleasure of the public defender, unless his or her position is under a civil service system in which he or she may be removed only for cause. (d) If an office of public defender is established, the county governing authority shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defenders responsibilities under this article or shall grant the public defender an allowance in place of such facilities. (e) If an office of public defender is established, his or her compensation, expenses and allowances, and the expense necessary to establish, maintain, and support his or her office shall be paid by the county governing authority out of public funds available for the operation of the courts in the county. (f) The superior court of a circuit, with the concurrence of the county governing authority of two or more counties within the same circuit, may establish and maintain a joint office of public defender under this Code section; or a single governing authority may contract with a public defender of another county within the same circuit for the services of his or her office to serve as the public defender, provided the superior court of the circuit and the governing authority of the county concur in the contract.
17-12-19.7. No person may be assigned the primary responsibility of representing an indigent person unless he or she is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under Chapter 20 of Title 15 is competent to represent an indigent person, provided that in any trial a person authorized to practice law in this state is also present.

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17-12-19.8. At any stage of the criminal proceedings, including appeal or other post-conviction proceedings, the court concerned may for good cause assign a substitute attorney. The substitute attorney shall have the same functions with respect to the indigent person as the attorney for whom he or she is substituted. If the substitute attorney is not employed in the office of the public defender or in a nonprofit legal aid agency serving under this article, the court shall prescribe reasonable compensation for him or her and approve the expenses necessarily incurred by him or her in the defense of the indigent person, as provided in Code Section 17-12-4.
17-12-19.9. (a) When a superior court prescribes an arrangement for providing representation under this article, it may also prescribe a standard to govern the determination of indigency by all courts concerned within the county. The superior court may prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing an indigency standard, the superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being considered indigent, nor shall it be necessary that a person be destitute or a pauper to be considered indigent. (b) In a proceeding to determine indigency under this Code section, any person who makes a false statement, under oath, concerning any material factor related to his, her, or anothers ability to pay for legal services commits the crime of perjury. (c) To the extent that a person covered under this Code section is able to provide for the employment of an attorney, the other necessary services and facilities of representation, and court costs, the court concerned may order him or her to provide for this payment or reimbursement.
17-12-19.10. (a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this article:
(1) To which he or she was not entitled; (2) With respect to which he or she was not an indigent person when he or she received it; or (3) With respect to which he or she has failed to make payment or reimbursement ordered under subsection (c) of Code Section 17-12-19.9 and for which he or she refuses to pay or reimburse. (b) An action must be brought within four years after the date on which the aid was received. (c) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a) of this Code section, who has received legal assistance under this article and who, on the date on which the action is brought, is financially able but refuses to pay or reimburse the county for the assistance

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according to the standards of ability to pay applicable under this article. The action must be brought within four years after the date on which the benefit was received.
17-12-19.11. (a) A defending attorney shall keep appropriate records respecting each indigent person whom he or she represents under this article. (b) The public defender, legal aid agency, or person administering a court prescribed defender plan shall submit an annual report to the county governing authority, which report shall show the number of persons represented under this article, the crimes involved, the outcome of each case, and the expenditures (totaled by kind) made in carrying out the responsibilities imposed by this article. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties which the program serves.
17-12-19.12. (a) For each fiscal year, the county governing authority in each county shall include in its annual budget for the operations of the courts in the county an additional amount to finance the costs and expenses necessary for the implementation of this article. (b) The county governing authority in each county may accept private contributions for the support of the administration of this article.
17-12-19.13. This article applies only to counties that were operating local indigent defense programs under former Article 1 of this chapter, the 'Georgia Criminal Justice Act,' as it existed immediately prior to December 31, 2003, for representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States if:
(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of this state; or (2) Representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A).
17-12-19.14. This article shall be repealed in its entirety on December 31, 2004."
SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 17-12-20, relating to the public defender selection panel for each judicial circuit, and inserting in lieu thereof the following:
"(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,

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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. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorneys office, or an employee of the Prosecuting Attorneys Council of the State of Georgia shall not serve as a member of the circuit public defender selection panel. Members of the circuit public defender selection panel shall reside in the judicial circuit in which he or she serves they serve. 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."
SECTION 8. Said chapter is further amended by striking Code Section 17-12-21, relating to qualification for the position of circuit public defender, and inserting in lieu thereof the following:
"17-12-21. Except for a person who has served as the head of a public defender office which existed prior to January 1, 2006, in order to 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) Have practiced law in a private practice for at least 12 months; (3)(4) Be a member in good standing of the State Bar of Georgia; and (4)(5) If previously disbarred from the practice of law, have been reinstated as provided by law.
SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 17-12-25, relating to the salary of the circuit public defender, and inserting in lieu thereof the following:
"(a) Each circuit public defender shall receive an annual salary of $87,593.58 and costof-living adjustments as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds as prescribed by the council."
SECTION 10. Said chapter is further amended by striking Code Section 17-12-26, relating to the budget of the council and support from the Administrative Office of the Courts, and inserting in lieu thereof the following:

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"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)(c)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to

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the extent the expenses are not reimbursed by the state as provided in this Code section."
SECTION 11. Said chapter is further amended by striking subsections (e) through (g) of Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions, and inserting in lieu thereof new subsections (e) through (h) to read as follows:
"(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 in 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 an annual 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 state-paid 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. (h) Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July 1, 2005, may elect, with the consent of the former employer and the consent of the council, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council to the entity on behalf of the employee shall not exceed the amount otherwise

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payable to or for the employee under the circumstance where the employee had become a state employee."
SECTION 12. Said title is further amended by striking subsection (e) of Code Section 17-12-28, relating to appointment of investigator, and inserting in lieu thereof the following:
(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 an annual salary step which is one step above the at least equal to 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 that gives the officer credit for experience as a fulltime certified peace officer."
SECTION 13. Said chapter is further amended by striking subsection (c) of Code Section 17-12-30, relating to classification of personnel, and inserting in lieu thereof the following:
"(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

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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. (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."
SECTION 14. (a) Sections 1 through 6, this section, and Section 15 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 7 of this Act shall become effective on January 1, 2005; provided, however, that for purposes of the appointment of the members of the circuit public defender selection panels in conformity with Section 7 of this Act as may be necessary or appropriate to prepare for and phase in full implementation of Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated as enacted by Ga. L. 2003, p. 191, Section 7 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (c) Sections 8 through 13 of this Act shall become effective on January 1, 2005.
SECTION 15. 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

E Day Y Dean Y Deloach Y Dix

Y Hill, C.A Y Hill, V Y Hines Y Holmes

Y Mitchell Y Mobley Y Moraitakis Y Morris

Y Sholar Y Sims Y Sinkfield Y Skipper

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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 E 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 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
Greene-Johnson Y Hanner Y Harbin Y Harper Y Harrell Y Heard, J Y Heard, K Y Heath
Heckstall Y Hembree Y Henson Y Hill, C

Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan Y Joyce Y Keen N Knox Y Lane Y Lewis Y Lord Y 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 Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Porter Y Powell Y Purcell Y Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C Y Rogers, Ch. Y Royal Y Rynders
Sailor Y Scott Y Shaw Y Sheldon

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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E 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, by substitute, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Wix of the 33rd, 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 539. By Representative Harbin of the 80th:
A BILL to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to provide for a minimum nonforfeiture rate of 1 1/2

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percent on individual deferred annuities; to provide for a sunset to such provision; 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 the calculation of minimum nonforfeiture amounts; to provide for certain minimum interest rates; to provide for the use of index rates of interest; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The minimum values as specified in subsections (e) through (h) and (j) of this Code section of any paid-up annuity, cash surrender, or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined in this subsection;
(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 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 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 on June 3, 2003; (2) The net considerations for a given contract year used to define the minimum nonforfeiture amount shall be an amount not less than zero and shall be equal to the corresponding gross considerations credited to the contract during that contract year less an annual contract charge of $30.00 and less a collection charge of $1.25 per

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consideration credited to the contract during that contract year. The percentages of net considerations shall be 65 percent of the net consideration for the first contract year and 87 1/2 percent of the net considerations for the second and later contract years. Notwithstanding the provisions of the preceding sentence, the percentage shall be 65 percent of the portion of the total net consideration for any renewal contract year which exceeds by not more than two times the sum of those portions of the net considerations in all prior contract years for which the percentage was 65 percent; (3) With respect to contracts providing for fixed, scheduled considerations, minimum nonforfeiture amounts shall be calculated on the assumption that considerations are paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually with two exceptions:
(A) The portion of the net consideration for the first contract year to be accumulated shall be the sum of 65 percent of the net consideration for the first contract year plus 22 1/2 percent of the excess of the net consideration for the first contract year over the lesser of the net considerations for the second and third contract years; and (B) The annual contract charge shall be the lesser of $30.00 or 10 percent of the gross annual consideration; (4) With respect to contracts providing for a single consideration, minimum nonforfeiture amounts shall be defined as for contracts with flexible considerations, except that the percentage of net consideration used to determine the minimum nonforfeiture amount shall be equal to 90 percent and the net consideration shall be the gross consideration less a contract charge of $75.00 by the Commissioner by rule and regulation based upon interest rates set by the Commissioner to reflect current and prevailing economic and financial conditions; provided, however, that such interest rates shall not be less than 1 percent per annum nor more than 3 percent per annum."
SECTION 2. This Act shall become effective on July 1, 2005.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Amerson Y Anderson Y Ashe

E Day Y Dean Y Deloach

Y Hill, C.A Y Hill, V Y Hines

Y Mitchell Y Mobley Y Moraitakis

Y Sholar Y Sims Y Sinkfield

MONDAY, MARCH 15, 2004

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 E 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
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
Heath Heckstall Y Hembree Y Henson Y Hill, C

Y Holmes Y Houston Y Howard Y Howell Y Hudson Y Hugley E Jackson Y James Y Jamieson Y Jenkins, C Y Jenkins, C.F Y Jones Y Jordan
Joyce Y Keen Y Knox Y Lane Y Lewis Y Lord Y Lucas Y Lunsford Y Maddox Y Mangham Y Manning Y Marin Y Martin Y Massey Y Maxwell Y McBee Y McCall Y McClinton Y Millar Y Mills

Y 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
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

2051
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 Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren
Watson E Westmoreland Y White Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates
Coleman, Speaker

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Murphy of the 97th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 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:

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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 following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations with respect to local sales and use taxes; to provide for certain exemptions; to change certain provisions regarding the joint county and municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by certain 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 provide for the levy and collection of a court ordered storm-water and waste-water systems capital outlay or repair projects sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is 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 the following:
"(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

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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; (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)(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)(D) is in effect. A sales and use tax levied under Article 4 of this chapter; and (3) In the event of a rate increase imposed 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. (c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, the tax imposed under subparagraph (a)(1)(D) of Code Section 48-8111 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 2. Said chapter 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:
"48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities in which consolidated government homestead property (exclusive of improvements) is valued for purposes of local ad valorem taxation according to a base year assessed value which does not change so long as the property is actually occupied by the same owner as a homestead, 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 referred to in subsection (a) of this Code section, then the rate

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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 within __________ 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 Shall the retail sales and use tax levied within the special district ( ) NO within ___________ County 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 referred to in subsection (a) of this Code section, 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:
'( ) YES Shall a retail sales and use tax of 2 percent be levied within the ( ) NO special district within __________ County?'
(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

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(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 within the special district ( ) NO within __________ County 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 for 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 referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county."
SECTION 3. Said chapter is further amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:
"ARTICLE 4 48-8-200. As used in this article, the term:
(1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Court ordered storm-water and waste-water systems capital outlay or repair projects' means only those storm-water and waste-water systems capital outlay or repair projects which are undertaken to comply with a final judgment of a federal district court or a federal district court consent decree. (3) 'Municipality' includes, without limitation, any consolidated government created by the consolidation of a county and one or more municipalities.
48-8-201. (a) The governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding court ordered storm-water and waste-water systems capital outlay or repair projects. Any tax imposed under this article shall be at the rate of 1 percent.

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(b) Except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. (c) A tax imposed under this article shall not apply to the sale of motor vehicles.
48-8-202. (a) A municipal governing authority voting to impose the tax authorized by this article shall notify the municipal election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the municipal governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the following:
(1) The maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the project or projects which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the municipal election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the municipality. The municipal election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the legal organ of the county in which the majority of the municipal population resides or in a newspaper having general circulation in the municipality at least equal to that of the legal organ. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the municipal election superintendent shall also include, in such form as may be specified by the municipal governing authority, the principal amount of the debt, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the municipal election superintendent shall take the place of the notice otherwise required by Code Section 3680-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c)(1) The ballot shall have written or printed thereon the following:

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'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in _________ for a period of time not to exceed _____________ and for the raising of not more than $_____ for the purpose of funding court ordered storm-water and waste-water capital outlay or repair projects?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon,

following the language specified by paragraph (1) of this subsection, the following:

'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the municipality until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the

question of imposing the tax may be submitted to the voters of the municipality on such

date. The municipal election superintendent shall hold and conduct the election under

the same rules and regulations as govern special elections. The municipal election

superintendent shall canvass the returns, declare the result of the election, and certify

the result to the Secretary of State and to the commissioner. The expense of the election

shall be paid from municipal funds.

(e)(1) If the proposal includes the authority to issue general obligation debt and if

more than one-half of the votes cast are in favor of the proposal, then the authority to

issue such debt in accordance with Article IX, Section V, Paragraph I of the

Constitution is given to the proper officers of the municipality; otherwise such debt

shall not be issued. If the authority to issue such debt is so approved by the voters,

then such debt may be issued without further approval by the voters.

(2) If the issuance of general obligation debt is included and approved as provided in

this Code section, then the governing authority of the municipality may incur such

debt either through the issuance and validation of general obligation bonds or through

the execution of a promissory note or notes or other instrument or instruments. If such

debt is incurred through the issuance of general obligation bonds, such bonds and

their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the

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municipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality.
48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results.
(b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a municipality is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise

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approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a municipality may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax.
48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayers liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioners agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-205. Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.
48-8-206. (a) The proceeds of the tax collected by the commissioner in each municipality under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except as otherwise provided in subsection (b) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the municipality imposing the tax. (b) In the event that a municipality levying a tax under this article has incurred indebtedness from the Georgia Environmental Facilities Authority, and in the event that such a municipality has not made a payment when due within the meaning of Code Section 50-23-20 to the Georgia Environmental Facilities Authority, then the Georgia

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Environmental Facilities Authority shall notify the director of the Office of Treasury and Fiscal Services and the state revenue commissioner of such default. The commissioner shall withhold only sufficient proceeds of the taxes collected under this article to cure or correct the default under the indebtedness to the Georgia Environmental Facilities Authority and shall transmit such proceeds to the director of the Office of Treasury and Fiscal Services.
48-8-207. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the municipality or in a special district which includes the municipality; and taxes so paid in another jurisdiction shall be credited first against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2 of this chapter, if applicable, and then against the tax levied under this article.
48-8-208. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the sellers vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration or the Georgia Public Service Commission.
48-8-209. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-210. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.

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48-8-211. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a municipality to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-212. (a) The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for:
(1) Court ordered storm-water and waste-water systems capital outlay or repair projects; (2) The repayment of general obligation indebtedness incurred in conjunction with the imposition of the tax authorized by this article; or (3) The repayment of any loans made to such municipality with respect to such capital outlay or repair projects. Such proceeds shall be kept in a separate account from other funds of the municipality and shall not in any manner be commingled with other funds of the municipality prior to expenditure. (b) The governing authority of the municipality shall maintain a record of each and every capital outlay or repair project for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing capital outlay or repair project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditors report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the municipality will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the municipality. (d) The resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the

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resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. In such a case no part of the net proceeds from the tax received in any year shall be used for other capital outlay or repair purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the municipality receives from the tax net proceeds in excess of the maximum cost of the project or projects calling for the imposition of the tax or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-203 by reason of denial of validation of debt, then all net proceeds received by the municipality from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the municipality other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the municipality, it being the intent that any funds so paid into the general fund of the municipality be used for the purpose of reducing ad valorem taxes."
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:

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Representative Royal of the 140th and Buck of the 112th move to amend the Senate substitute to HB 709 by striking line 1 of page 1 through line 2 of page 13 and inserting in their place the following:
"To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding limitations with respect to local sales and use taxes; to provide for certain exemptions; to change certain provisions regarding the joint county and municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by certain 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 provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking subsection (b) of Code Section 48-8-6, relating to limitations 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; (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)(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)(D) is in effect; and (3) In the event of a rate increase imposed 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

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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 2. Said chapter 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:
'48-8-96. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities in which consolidated government homestead property (exclusive of improvements) is valued for purposes of local ad valorem taxation according to a base year assessed value which does not change so long as the property is actually occupied by the same owner as a homestead, 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 referred to in subsection (a) of this Code section, 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 within __________ 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:

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"( ) YES Shall the retail sales and use tax levied within the special district ( ) NO within ___________ County 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 referred to in subsection (a) of this Code section, 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:
"( ) YES Shall a retail sales and use tax of 2 percent be levied within the ( ) NO special district within __________ County?"
(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 within the special district ( ) NO within __________ County 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 for 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 or to the sale of motor vehicles. (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 or to the sale of motor vehicles. (i) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county.'
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. 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, as amended by the House, to HB 709.

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 N Brock Y Brooks Y Broome Y Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister Y Butler N Campbell Y Casas N 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 N Douglas Y Drenner Y Dukes
Ehrhart Y Elrod Y Epps Y Fleming
Floyd, H Y Floyd, J Y Fludd N Forster N Franklin Y Gardner
Golick Y Graves, D N Graves, T Y Greene
Greene-Johnson Y Hanner Y Harbin Y Harper
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
James Y Jamieson Y Jenkins, C Y Jenkins, C.F N 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 N Martin Y Massey Y Maxwell Y McBee Y McCall
McClinton Millar N Mills

Y Mitchell Y Mobley Y Moraitakis Y Morris Y Mosby Y Mosley Y Murphy, J Y Murphy, Q Y Noel Y Oliver, B Y Oliver, M Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B Y Reece, S Y Rice Y Richardson Y Roberts, J
Roberts, L Y Rogers, C
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
Snow Y Stanley-Turner Y Stephens, E
Stephens, R Y Stephenson Y Stokes
Stoner Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson Y Walker, L Y Walker, R.L E Warren Y Watson E Westmoreland Y White Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, R Y Wix Y Yates Coleman, Speaker

On the motion, the ayes were 140, nays 16. The motion prevailed.

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Representative Dollar of the 31st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Porter of the 119th moved that the rules be suspended in order that Bills of the House may be introduced, read the first time and referred to the Committees.

On the motion, the roll call was ordered and the vote was as follows:

N Amerson Y Anderson Y Ashe N Bannister Y Barnard Y Barnes Y Beasley-Teague Y Benfield Y Birdsong Y Black Y Boggs Y Bordeaux Y Borders N Bridges N Brock Y Brooks Y Broome N Brown E Bruce Y Buck Y Buckner, D Y Buckner, G N Bunn N Burkhalter N Burmeister N Butler N Campbell N Casas N Chambers Y Channell Y Childers N Coan N Coleman, B N Cooper Y Crawford Y Cummings

E Day Y Dean Y Deloach Y Dix N 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
Greene-Johnson Y Hanner N Harbin N Harper Y Harrell Y Heard, J Y Heard, K N Heath
Heckstall N Hembree Y Henson N Hill, C

Y Hill, C.A N Hill, V N Hines Y Holmes Y Houston Y Howard
Howell Y Hudson Y Hugley E Jackson
James Y Jamieson Y Jenkins, C Y Jenkins, C.F N Jones Y Jordan N Joyce N Keen N Knox Y Lane N Lewis Y Lord Y Lucas N Lunsford
Maddox Y Mangham N Manning Y Marin
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 Y Noel Y Oliver, B Y Oliver, M N O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Porter Y Powell Y Purcell N Ralston
Randall Y Ray Y Reece, B N Reece, S N Rice N Richardson N Roberts, J
Roberts, L Y Rogers, C N Rogers, Ch. Y Royal N Rynders
Sailor N Scott Y Shaw N Sheldon

Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, L Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snow Y Stanley-Turner Y Stephens, E N Stephens, R Y Stephenson Y Stokes Y Stoner Y Teilhet Y Teper Y Thomas Morgan Y Thomas, A.M Y Thompson
Walker, L N Walker, R.L E Warren Y Watson E 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 97, nays 65. The motion was lost.

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Representative Smyre of the 111th moved that the House do now adjourn until 10:00 o'clock, A.M., Wednesday, March 17, 2004, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Wednesday, March 17, 2004.