JOURNAL OF THE SENATE OF THE STATE OF GEORGIA AT THE EXTRAORDINARY SESSION Commenced at Atlanta, Tuesday, August 3, 1982 and adjourned Sunday, August 8, 1982 1982 Atlanta, Georgia OFFICERS OF THE STATE SENATE 1982 ZELL MILLER ...................... President (Lieutenant Governor) TOWNS COUNTY ALHOLLOWAY. ........................... President Pro Tempore DOUGHERTY COUNTY HAMILTON McWHORTER, JR ................ Secretary of the Senate OGLETHORPE COUNTY MARVIN W. "CAP" HICKS. ........................... Doorkeeper FLOYD COUNTY STAFF OF SECRETARY OF SENATE ALICE E. HOGE ............................... Assistant Secretary FULTON COUNTY SARALYN FOSTER .................................... Bill Clerk DeKALB COUNTY SHIRLEY SHELNUTT ............................... Journal Clerk ROCKDALE COUNTY ROBERT F. EWING .......................... Assistant to Secretary DeKALB COUNTY AGNES DOSTER. ................................. Enrolling Clerk GWINNETT COUNTY CLARA BASKIN. ................................. Bill Status Clerk FULTON COUNTY SARAH BROWNE.............................. Assistant Bill Clerk FULTON COUNTY LINDA THOMPSON. .............................. Calendar Clerk CLAYTON COUNTY TUESDAY, AUGUST 3, 1982 4109 Senate Chamber, Atlanta, Georgia Tuesday, Augusta, 1982 First Legislative Day Pursuant to a proclamation of His Excellency, Governor George Busbee, the Senate met in extraordinary session in the Senate Chamber at 2:00 o'clock P.M. this day, and was called to order by the Honorable Zell Miller, President of the Senate. Senator Hudson of the 35th led the Senators in prayer. The President called for the roll call, and the following Senators answered to their names: Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Tate Thompson Timmons Trulock Tysinger Walker Wessels Those not answering were Senators: Bryant Fincher of 52nd Howard Robinson Stumbaugh Sutton Turner The following proclamation by His Excellency, Governor George Busbee, convening the extraordinary session, was read by the Secretary: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Proclamation WHEREAS: Article V, Section II, Paragraph III of the Constitution empowers the Governor to convoke the General Assembly on extraordinary ocasions to attend called sessions of the General Assembly for the 4110 JOURNAL OF THE SENATE purpose of considering the enactment of legislation specified by the Governor; and WHEREAS: The following specified objective is hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1983: The alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter. NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE, do hereby convoke and call a meeting of the General Assembly of the State of Georgia to convene in extraordinary session at 2:00 P.M., on Tuesday, August 3, 1982, for the purpose of considering the enactment of legislation to accomplish the hereinabove specified objective. In Witness Whereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 2nd day of August, 1982. /s/ George Busbee Governor By The Governor Is/ Tom Perdue Secretary, Executive Department The following resolutions of the Senate were read and put upon their adoption: SR 1 EX. By Senators Eldridge of the 7th, Holloway of the 12th and Allgood of the 22nd: A RESOLUTION Adopting the Rules of the Senate; and for other purposes. BE IT RESOLVED BY THE SENATE that, except as hereinafter provided, the Rules of the Senate in force at the adjournment of the regular 1982 session of the General Assembly of Georgia are hereby adopted as the Rules of the Senate for the extraordinary session of the General Assembly convening on August 3, 1982. TUESDAY, AUGUST 3, 1982 4111 BE IT FURTHER RESOLVED that Senate Rule 119 is hereby amended by striking the rule in its entirety and inserting in lieu thereof a new rule to read as follows: "Rule 119. Any bill or resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred. No debate shall be admitted upon any bill or resolution at the first or second reading." On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 2 EX. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th: A resolution to notify the House of Representatives that the Senate has convened. On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution to notify the Senate that the House of Representatives has convened. HR 2 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution to notify the Governor that the General Assembly has convened. 4112 JOURNAL OF THE SENATE The Speaker appointed as a Committee of Escort on the part of the House the following members thereof: Representatives Lee of the 72nd, Benn of the 38th, Balkcom of the 140th, Adams 6f the 36th, Lane of the 81st, Burruss of the 21st and Lambert of the 112th. The following resolution of the House was read and put upon its adoption: HR 2 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others: A resolution to notify the Governor that the General Assembly has convened. On the adoption of the resolution, the yeas were 38, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The President appointed as a Committee of Notification on the part of the Senate the following: Senators Eldridge of the 7th, Holloway of the 12th, Allgood of the 22nd, Starr of the 44th, Coverdell of the 40th, Bond of the 39th and Hudson of the 35th. Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 2:28 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. WEDNESDAY, AUGUST 4, 1982 4113 Senate Chamber, Atlanta, Georgia Wednesday, August 4, 1982 Second Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following bill of the Senate was introduced, read the first time and referred to committee: SB 1 EX. By Senators Bond of the 39th, Tate of the 38th, Kidd of the 25th and others: A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to change the composition of certain congressional districts; to provide for all related matters. Referred to Committee on Reapportionment. By unanimous consent, the morning roll call was dispensed with. Senator Thompson of the 32nd led the Senators in prayer. Senator Allgood of the 22nd moved that the Senate do now adjourn until 2:00 o'clock P.M. tomorrow, and the motion prevailed. At 10:05 o'clock A.M., the President announced the Senate adjourned until 2:00 o'clock P.M. tomorrow. 4114 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, August 5, 1982 Third Legislative Day The Senate met pursuant to adjournment at 2:00 o'clock P.M. today and was called to order by the President. Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The following bill of the House was read the third time and referred to committee: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. Referred to Committee on Reapportionment. By unanimous consent, the roll call was dispensed with. THURSDAY, AUGUST 5, 1982 Senator Starr of the 44th led the Senators in prayer. 4115 Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 2:06 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. 4116 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, August 6, 1982 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following report of a standing committee was read by the Secretary: Mr. President: Your Committee on Reapportionment has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1 EX. Do pass by substitute. Respectfully submitted, Senator Hudson of the 35th District, Chairman The following bill of the House was read the second time: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 11 Oth and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. By unanimous consent, the morning roll call was dispensed with. Senator Broun of the 46th led the Senators in prayer. 1 Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 10:05 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. SATURDAY, AUGUST 7, 1982 4117 Senate Chamber, Atlanta, Georgia Saturday, August 7, 1982 Fifth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. Senator Reynolds of the 48th led the Senators in prayer. By unanimous consent, the morning roll call was dispensed with. The following resolutions of the Senate were read and adopted: SR 3 EX. By Senator Gillis of the 20th: A resolution commending the Vidalia Sweet Onion Growers of Georgia. SR 4 EX. By Senator Dean of the 31st: A resolution expressing condolences to the family of Steven Earl Davidson. The following proclamation by His Excellency, Governor George Busbee, amending his original proclamation convening the extraordinary session, was read by the Secretary: EXECUTIVE DEPARTMENT THE STATE OF GEORGIA Proclamation WHEREAS: Pursuant to my proclamation dated August 2, 1982, the General Assembly of the State of Georgia was convoked and called to convene in extraordinary session on August 3, 1982, for the purpose of considering the enactment of legislation to accomplish the alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter; and 4118 JOURNAL OF THE SENATE WHEREAS: I have determined and concluded that an additional objective is of extraordinary importance and should be considered by the General Assembly during said called session and prior to the convening of the General Assembly in regular session in 1983. NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE, do hereby amend my proclamation of August 2, 1982, calling the General Assembly into extraordinary session by striking the second paragraph thereof and substituting in lieu thereof the following: "WHEREAS: The following specified objectives are hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1983: 1) The alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Represen- tatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter. 2) Legislation pertaining to the calling of and conduct of primaries and elections of members of the House of Representatives to the United States Congress from the State of Georgia who are to take office in 1983."; and by striking therefrom the last word "objective" of said proclamation and substituting in lieu thereof the word "objectives". In Witness Whereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 6th day of August, 1982. By the Governor /s/ George Busbee Governor /s/ Tom Perdue Secretary, Executive Department SATURDAY, AUGUST 7, 1982 SENATE CALENDAR Saturday, August 7, 1982 4119 HB 1 EX. Congressional Reapportionment 4th and 5th Districts (SUBSTITUTES) (AMENDMENT) (Reapportionment-39th) The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. Senate Sponsor: Senator Bond of the 39th. The Senate Committee on Reapportionment offered the following substitute to HB 1 EX: A BILL To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), so as to change the composition of certain congressional districts; to provide for all related matters; to provide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), is amended by striking from subsection (a) of Code Section 34-1801 the descriptions of congressional districts 4 and 5 and inserting in lieu thereof, respectively, the following: "District No. 4 DeKalb Tracts 201 through 208, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 4120 JOURNAL OF THE SENATE 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 228, 232.01 through 232.03, 233.01 through 233.04, and 234.07 Fulton Tracts 91,93 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 114.01, 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 209, 229, 230, 231.01 through 231.04, 234.03 through 234.06, 235.01 through 235.03, 236, 237, and 238.01 through 238.03 Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 90, 92, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02" Section 2. The provisions of this Act and of Code Section 34-1801, as amended by this Act, shall be incorporated into the Official Code of Georgia Annotated as provided in Section 2 of the Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131). Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Senator Tate of the 38th offered the following amendment: Amend the substitute to HB 1 EX offered by the Senate Committee on Reapportionment by striking line 18 through line 34 of Page 1 in their entirety and by striking line 1 through line 19 of Page 2 in their entirety and inserting in lieu thereof the following: "District No. 4 DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, SATURDAY, AUGUST 7, 1982 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225, 226, 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, and 234.07 Fulton Tracts 90 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 114.01, 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209, 227 through 229, 231.01, 234.03 through 234.06, 235.01 through 235.03, 236, 237, and 238.01 through 238.03 Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88, 89, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02" 4121 Senator Scott of the 43rd offered the following amendment: Amend the substitute to HB 1 EX offered by the Senate Committee on Reapportionment by striking line 18 through line 34 of Page 1 and by striking line 1 through line 19 of Page 2 and inserting in lieu thereof the following: "District No. 4 DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215,216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225, 226, 228 through 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, and 234.04 through 234.07 4122 JOURNAL OF THE SENATE Fulton Tracts 1, 2, 4 through 6, 10.95, 11 through 16, and 30 Tract 89 Block Group 1 Tracts 92, 94, 96, 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209, 227, 231.01, 234.03, 235.01 through 235.03, 236, 237, and 238.01 through 238.03 Fulton Tracts?, 8, 17 through29, 31 through33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, and 88 Tract 89 Block Groups 2 through 6 Tracts 90, 91, 93, 95, 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta SATURDAY, AUGUST 7, 1982 Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell" 4123 On the adoption of the amendment offered by Senator Scott of the 43rd to the substitute to HB 1 EX offered by the Senate Committee on Reapportionment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Ballard Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Dean English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudgins Kennedy Those voting in the negative were Senators: Bell Bond Brantley Coverdell Deal Eldridge Evans Greene Hudson Kidd Land Robinson Starr Lester Littlefield McGill McKenzie Reynolds Scott Summers Thompson Timmons Trulock Walker Wessels Stephens Stumbaugh Sutton Tate Turner Tysinger On the adoption of the amendment, the yeas were 37, nays 19, and the amendment offered by Senator Scott of the 43rd to the committee substitute was adopted. The President ruled that since the amendment offered by Senator Scott of the 43rd to the substitute to HB 1 EX offered by the Senate Committee on Reapportionment was adopted, the amendment offered by Senator Tate of the 38th to the committee substitute became moot. 4124 JOURNAL OF THE SENATE On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Eldridge English Fincher of 54th Gillis Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Scott Summers Timmons Trulock Turner Walker Wessels Those voting in the negative were Senators: Ballard Barnes Bell Brannon Brantley Coverdell Deal Dean Engram Evans Fincher of 52nd Foster Garner Greene Horton Land Robinson Starr Stephens Stumbaugh Sutton Tate Thompson Tysinger On the adoption of the substitute, the yeas were 32, nays 24, and the substitute was adopted as amended. 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, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Eldridge English Fincher of 52nd Fincher of 54th Gillis Hill Holloway Howard Hudgins Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Scott Summers Timmons Trulock Turner Walker Wessels SATURDAY, AUGUST 7, 1982 4125 Those voting in the negative were Senators: Ballard Barnes Bell Brantley Coverdell Deal Dean Engrain Evans Foster Garner Greene Horton Land Robinson Starr Stephens Stumbaugh Sutton Tate Thompson Ty singer On the passage of the bill, the yeas were 34, nays 22. The bill, having received the requisite constitutional majority, was passed by substitute. The President announced that the Senate would stand in recess from 11:00 o'clock A.M. until 3:40 o'clock P.M. At 3:40 o'clock P.M., the President called the Senate to order. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House: HB 1 Ex. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The following resolutions of the Senate were read and adopted: SR 5 EX. By Senators Holloway of the 12th, Gillis of the 20th and Brown of the 47th: A resolution commending Mr. John Booth. 4126 JOURNAL OF THE SENATE SR 6 EX. By Senators Allgood of the 22nd, Lester of the 23rd, Stephens of the 36th and others: A resolution expressing regret at the tragedy that struck the Shrine of the Immaculate Conception Catholic Church. The following bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 1 EX by striking all matter beginning with the word "amend" on line 1 of Page 1 and ending with the word and symbol "date;" on line 8 of Page 1 and inserting in lieu thereof the following: "provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for severability;". By striking all matter beginning with line 11 of Page 1 and ending with line 10 of Page 3 and inserting in lieu thereof the following: "Parti Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of SATURDAY, AUGUST 7, 1982 4127 Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people. The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5. Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented. Section 2. As used in this Part I of this Act, the term '1981 congressional redistricting plan' means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated. Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter. District No. 4 DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01,217.02, 4128 JOURNAL OF THE SENATE 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.06, 234.07, and 235.01 through 235.03 Fulton Tracts 1, 2, 14, 15, 92, and 94 Tract 96 Block Groups 1 through 3 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209, 234.03 through 234.05, 236, 237, and 238.01 through 238.03 Fulton Tracts 4 through 8, 10.95, 11 through 13, 16 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50,52,53,55.01,55.02,56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91,93, and 95 Tract 96 Block Groups 4 through 8 Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05 SATURDAY, AUGUST 7, 1982 4129 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section: (1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. 4130 JOURNAL OF THE SENATE Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965. (b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such districts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan. (c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts. Section 5. This Act does not repeal or amend the provisions of the 1981 congressional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective. Section 6. This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Part II Section 7. The General Assembly finds that the court proceedings referred to in Section 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad SATURDAY, AUGUST 7, 1982 4131 authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law. Section 8, (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election. (b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of: (1) Publications and advertisements of any matters required to be published or advertised; (2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and ballots; and (11) Such other like matters as are necessary or appropriate. 4132 JOURNAL OF THE SENATE (c) In connection with the election of congressmen to take office in 1983, the Governor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district elgible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. jd) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the 'Georgia Election Code.' The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the 'Georgia Election Code,' Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the 'Georgia Election Code' or any other law of this state. Section 9. This Part II of this Act shall apply only for purposes of election of members of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office. Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety. Part III Section 12. All laws and parts of laws in conflict with this Act are repealed." Senator Holloway of the 12th moved that the Senate disagree to the House amendment to the Senate substitute to HB 1 EX. SATURDAY, AUGUST 7, 1982 4133 On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Ballard Barker Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels Voting in the negative were Senators Barnes and Garner. On the motion, the yeas were 54, nays 2; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1 EX. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House insists on its position in amending the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. 4134 JOURNAL OF THE SENATE The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Marcus of the 26th, Hamilton of the 31st and Mangum of the 56th. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. Senator Holloway of the 12th moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 1 EX, and that a Conference Committee be appointed. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Ballard Barker Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster Gillis Greene Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Trulock Turner Tysinger Walker Wessels Voting in the negative were Senators Barnes and Garner. SATURDAY, AUGUST 7, 1982 4135 Those not voting were Senators: Hill Howard Timmons On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 1EX. The President appointed as a Conference Committee on the part of the Senate the following: Senators Bond of the 39th, Hudson of the 35th and Howard of the 42nd. The President announced that the Senate would stand in recess from 4:13 o'clock P.M. until 7:30 o'clock P.M. At 7:50 o'clock P.M., the President called the Senate to order. The following bill of the House was taken up for the purpose of considering the Conference Committee report thereon: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The Conference Committee report on HB 1 EX was as follows: The Conference Committee on HB 1 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 EX be adopted. FOR THE SENATE: Respectfully Submitted. FOR THE HOUSE OF REPRESENTATIVES: /s/Julian Bond Senator, 39th District /s/SidneyJ. Marcus Representative, 26th District Pierre Howard Senator, 42nd District /s/Grace T. Hamilton Representative, 31 st District /s/Perry J. Hudson Senator, 35th District William C. Mangum, Jr. Representative, 56th.District 4136 JOURNAL OF THE SENATE Conference Committee substitute to HB 1 EX: A BILL To be entitled an Act to provide for the composition of certain congressional districts of Georgia; to declare legislation intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people. The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5. Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be im- SATURDAY, AUGUST 7, 1982 4137 plemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented. Section 2. As used in this Part I of this Act, the term "1981 congressional redistricting plan" means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated. Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter. District No. 4 DeKalb Tracts 201 through 204, 211,212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01,217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03, 234.05 through 234.07, 235.03, and 238.03 Fulton That part of Tract 101.01 outside City of Atlanta Tracts 101.03 and 101.04 Tract 102.02 Block Groups 1 through 3 and 9 Tracts 114.01, 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209, 231.01, 234.04, 235.01, 235,02, 236, 237, 238.01, and 238.02 4138 JOURNAL OF THE SENATE Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, and 88 through 100 That part of Tract 101.01 within the City of Atlanta Tract 102.01 Tract 102.02 Block Groups 4 through 8 Tracts 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. SATURDAY, AUGUST 7, 1982 4139 Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965. (b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such districts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan. (c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts. Section 5. This Act does not repeal or amend the provisions of the 1981 congressional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No.l, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective. Section 6. (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) This Part I of this Act shall not be repealed by conflicting provisions of the Official Code of Georgia Annotated which shall become effective November 1, 1982. Part II Section 7. The General Assembly finds that the court proceedings referred to in Section 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future 4140 JOURNAL OF THE SENATE progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law. Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election. (b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of: (1) Publications and advertisements of any matters required to be published or advertised; (2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorder's, and ballots; and (11) Such other like matters as are necessary or appropriate. SATURDAY, AUGUST 7, 1982 4141 (c) In connection with the election of congressman to take office in 1983, the Governor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressman to take office in 1983 shall be as provided in the "Georgia Election Code." The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the "Georgia Election Code," Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the "Georgia Election Code" or any other law of this state. Section 9. This Part II of this Act shall apply only for purposes of election of members of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office. Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety. Senator Hudson of the 35th moved that the Senate adopt the Conference Committee report on HB 1 EX. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bell Bond Coverdell Engram Evans Hudson Land Sutton Tysinger 4142 JOURNAL OF THE SENATE Those voting in the negative were Senators: Allgood Ballard Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Walker Wessels On the motion, the yeas were 9, nays 47; the motion was lost, and the Senate rejected the Conference Committee report on HB 1EX. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has discharged the first Committee of Conference and has appointed a second Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The Speaker has appointed as a second Committee of Conference on the part of the House the following members: Representatives Vaughn of the 57th, Mangum of the 56th and Colbert of the 23rd. Senator Holloway of the 12th moved that a Second Conference Committee be appointed on the following bill of the House: SATURDAY, AUGUST 7, 1982 4143 HB1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. On the motion, the yeas were 33, nays 1, the motion prevailed, and the President appointed as a Second Conference Committee on HB 1 EX on the part of the Senate the following: Senators Howard of the 42nd, Tate of the 38th and Allgood of the 22nd. The President announced that the Senate would stand in recess from 8:20 o'clock P.M. until 12:40 o'clock A.M. At 12:45 o'clock A.M., the President announced that the Senate would stand in recess subject to the call of the Chair. At 2:50 o'clock A.M., the President called the Senate to order. The following bill of the House was taken up for the purpose of considering the Second Conference Committee report thereon: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The Second Conference Committee report on HB 1 EX was as follows: The Conference Committee on HB 1 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 EX be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/Thomas F. Allgood Senator, 22nd District Luther S. Colbert Representative, 23rd District /s/Pierre Howard Senator, 42nd District /s/William C. Mangum, Jr. Representative, 56th District Is/Horace E. Tate Senator, 38th District /s/Clarence R. Vaughn, Jr. Representative, 57th District 4144 JOURNAL OF THE SENATE Conference Committee substitute to HB 1 EX: A BILL To be entitled an Act to provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people. The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5. Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a SATURDAY, AUGUST 7, 1982 4145 redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented. Section 2. As used in this Part I of this Act, the term "1981 congressional redistricting plan" means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated. Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter. District No. 4 DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.03 Blocks 920, 921, 923, and 924 Tract 234.05 Block 101 Tracts 234.06, 234.07, and 235.01 Tract 235.02 Blocks 101 through 107, 109, 111, 112, 116, 117, 207 through 210, 215, 217, and218 Tract 235.03 Fulton Tracts 1,2, 92, and 94 Tract 96 Block Groups 1 through 3, 7, and 8 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta 4146 JOURNAL OF THE SENATE Block 603 That part of Block 604 within the City of Alpharetta Tracts 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209 Tract 234.03 Block Groups 1 through 3 Block 922, 925, and 926 Tract 234.04 Tract 234.05 Blocks 102 through 109, 111, and 112 Block Groups 2 through 5 Tract 235.02 Blocks 113, 114,201 through 203, 205, 206, and 216 Block Groups 3 and 4 Tracts 236, 237, and 238.01 through 238.03 Fulton Tracts 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01,87.02, 88 through 91, 93, and 95 Tract 96 Block Groups 4 through 6 Tracts 97 through 99, 102.01, 102,02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112,02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section SATURDAY, AUGUST 7, 1982 4147 unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective Janaury 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965. (b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such districts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan. (c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts. Section 5. This Act does not repeal or amend the provisions of the 1981 congressional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts 4148 JOURNAL OF THE SENATE No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective. Section 6. (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. jb) This Part I of this Act shall not be repealed by conflicting provisions of the Official Code of Georgia Annotated which shall become effective November 1, 1982. Part II Section 7. The General Assembly finds that the court proceedings referred to in Section 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law. Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election. (b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of: (1) Publications and advertisements of any matters required to be published or advertised; SATURDAY, AUGUST 7, 1982 4149 (2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and ballots; and (11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Governor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filling of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the "Georgia Election Code." The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the "Georgia Election Code," Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the "Georgia Election Code" or any other law of this state. Section 9. This Part II of this Act shall apply only for purposes of election of members of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office. 4150 JOURNAL OF THE SENATE Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety. Senator Allgood of the 22nd moved that the Senate adopt the Second Conference Committee report on HB 1 EX. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Bond Bowen Broun of 46th Brown of 47th Cobb Coleman Dean Eldridge English Engram Fincher of 52nd Gillis Greene Hill Hollo way Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Turner Walker Wessels Those voting in the negative were Senators: Barnes Bell Brannon Brantley Coverdell Deal Evans Foster Garner Starr Sutton Tysinger Those not voting were Senators: Ballard Bryant Fincher of 54th Hudson Trulock On the motion, the yeas were 39, nays 12; the motion prevailed, and the Senate ad9pted the Second Conference Committee report on HB 1 EX. SATURDAY, AUGUST 7, 1982 4151 The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has rejected the report of the second Committee of Conference on the following bill of the House: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The second Committee of Conference was discharged and the Speaker has appointed as a third Committee of Conference on the part of the House the following: Representatives Ham of the 80th, Burruss of the 21st and Lambert of the 112th. The President announced the Senate would stand in recess from 3:00 o'clock A.M. until 3:15 o'clock A.M. At 3:15 o'clock A.M., the President called the Senate to order. Senator Allgood of the 22nd moved that a Third Conference Committee be appointed on the following bill of the House: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 11 Oth and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. On the motion, the yeas were 31, nays 1; the motion prevailed, and the President appointed as a Third Conference Committee on HB 1 EX on the part of the Senate the following: Senators Gillis of the 20th, Allgood of the 22nd and Kennedy of the 4th. 4152 JOURNAL OF THE SENATE Senator Kidd of the 25th moved that the Senate adjourn until 10:00 o'clock A.M. on Wednesday, August 11. Senator Allgood of the 22nd moved that the Senate adjourn until 3:00 o'clock P.M. on Sunday, August 8. Senator Scott of the 43rd moved to amend the motion offered by Senator Kidd of the 25th by striking the words and figures, "10:00 o'clock A.M. on Wednesday, August 11", and inserting in lieu thereof the words and figures, "3:00 o'clock P.M. on Sunday, August 8". On the motion offered by Senator Scott of the 43rd, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barnes Brantley Deal Engram Foster Horton Hudson Lester McKenzie Robinson Scott Starr Turner Those voting in the negative were Senators: Ballard Barker Bell Bond Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Coverdell Dean Eldridge English Evans Fincher of 52nd Garner Gillis Greene Holloway Howard Hudgins Kennedy Kidd Land Those not voting were Senators: Bryant ' Fincher of 54th Hill Trulock Littlefield McGill Reynolds Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Walker Wessels Tysinger On the motion, the yeas were 14, nays 37; the motion was lost. SATURDAY, AUGUST 7, 1982 4153 Senator Kidd of the 25th moved to amend the motion offered by Senator Kidd of the 25th by striking the words and figures, "10:00 o'clock A.M. on Wednesday, August 11", and inserting in lieu thereof the words and figures, "2:00 o'clock P.M. on Tuesday, August 10". On the motion offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Ballard Bell Bond Bowen Coleman Coverdell Dean Eldridge English Evans Garner Holloway Howard Hudgins Kidd Land Littlefield Reynolds Stephens Stumbaugh Sutton Tate Thompson Tysinger Walker Wessels Those voting in the negative were Senators: Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Cobb Deal Engram Fincher of 52nd Foster Gillis Greene Horton Hudson Kennedy Lester Those not voting were Senators: Bryant Hill Fincher of 54th McGill McKenzie Robinson Scott Starr Summers Timmons Turner Trulock On the motion, the yeas were 26, nays 26; the motion was lost. . Senator Horton of the 17th moved that the Senate adjourn until 3:00 o'clock P.M. on Sunday, August 8. Senator Broun of the 46th moved that the Senate do now adjourn. 4154 JOURNAL OF THE SENATE The President ruled that the motion offered by Senator Broun of the 46th takes precedence, and ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Brannon Brantley Broun of 46th Brown of 47th Cobb Coleman Deal Dean Engram Fincher of 52nd Foster Garner Gillis Holloway Horton Hudson Kennedy Lester McGill McKenzie Reynolds Robinson Scott Starr Summers Timmons Turner Wessels Those voting in the negative were Senators: Ballard Bell Bond Bowen Coverdell Eldridge English Evans Greene Howard Hudgins Kidd Land Littlefield Stephens Stumbaugh Sutton Tate Thompson Tysinger Walker Those not voting were Senators: Bryant Hill Fincher of 54th Trulock On the motion, the yeas were 31, nays 21; the motion prevailed. At 4:15 o'clock A.M. on Sunday, August 8, the President announced the Senate adjourned. SUNDAY, AUGUST 8, 1982 4155 Senate Chamber, Atlanta, Georgia Sunday, August 8, 1982 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. The President announced that the Senate would stand in recess from 10:00 o'clock A.M. until 3:00 o'clock P.M. today. At 3:05 o'clock P.M., the President called the Senate to order. Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. By unanimous consent, the roll call was dispensed with. Senator Summers of the 53rd led the Senators in prayer. The President announced that the Senate would stand in recess from 3:30 o'clock P.M. until 5:00 o'clock P.M. At 5:10 o'clock P.M., the President called the Senate to order. The following bill of the House was taken up for the purpose of considering the Third Conference Committee report thereon: HB 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th and others: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. 4156 JOURNAL OF THE SENATE The Third Conference Committee report on HB 1 EX was as follows: The Conference Committee on HB 1 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 EX be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: Is/ Thomas F. Allgood Senator, 22nd District /s/ A. L. Burruss Representative, 21st District /s/ Hugh M. Gillis, Sr. Senator, 20th District /s/ Benson Ham Representative, 80th District 1st Joseph E. Kennedy Senator, 4th District /s/ E. Roy Lambert Representative, 112th District Conference Committee substitute to HB 1 EX: A BILL To be entitled an Act to provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes. SUNDAY, AUGUST 8, 1982 4157 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Parti Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people. The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5. Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented. Section 2. As used in this Part I of this Act, the term "1981 congressional redistricting plan" means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated. Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter. 4158 JOURNAL OF THE SENATE District No. 4 DeKalb Tracts 201 through 204, 211,212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01,217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.03 Blocks 920, 921,923, and 924 Tract 234.05 Block 101 Tracts 234.06, 234.07, and 235.01 Tract 235.02 Blocks 101 through 107, 109, 111, 112, 116, 117, 207 through 210, 215, 217, and 218 Tract 235.03 Fulton Tracts 1,2, 92, and 94 Tract 96 Block Groups 1 through 3, 7, and 8 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tracts 114.02, 115, and 116 Newton Rockdale District No. 5 DeKalb Tracts 205 through 209 Tract 234.03 Block Groups 1 through 3 Blocks 922, 925, and 926 Tract 234.04 Tract 234.05 Blocks 102 through 109, 111, and 112 Block Groups 2 through 5 Tract 235.02 Blocks 113, 114, 201 through 203, 205, 206, and 216 Block Groups 3 and 4 Tracts 236, 237, and 238.01 through 238.03 SUNDAY, AUGUST 8, 1982 4159 Fulton Tracts 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91, 93, and 95 Tract 96 Block Groups 4 through 6 Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section; (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. 4160 JOURNAL OF THE SENATE Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965. (b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such districts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan. (c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts. Section 5. This Act does not repeal or amend the provisions of the 1981 congressional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective. Section 6. (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) This Part I of this Act shall not be repealed by conflicting provisions of the Official Code of Georgia Annotated which shall become effective November 1, 1982. Part II Section 7. The General Assembly finds that the court proceedings referred to in Section 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future SUNDAY, AUGUST 8, 1982 4161 progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law. Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure than an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election. (b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of: (1) Publications and advertisements of any matters required to be published or advertised; (2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candiates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and ballots; and (11) Such other like matters as are necessary or appropriate. 4162 JOURNAL OF THE SENATE (c) In connection with the election of congressmen to take office in 1983, the Governor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the "Georgia Election Code." The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the "Georgia Election Code," Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the "Georgia Election Code" or any other law of this state. Section 9. This Part II of this Act shall apply only for purposes of election of members of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office. Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety. Senator Allgood of the 22nd moved that the Senate adopt the Third Conference Committee Report on HB 1 EX. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant SUNDAY, AUGUST 8, 1982 4153 Cobb Coleman Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Thompson Timmons Turner Walker Wessels Those voting in the negative were Senators: Ballard Bell Brantley Coverdell Deal Evans Foster Starr Sutton Tate Tysinger Not voting was Senator Trulock. On the motion, the yeas were 44, nays 11; the motion prevailed, and the Senate adopted the Third Conference Committee report on HB 1 EX. The President announced that the Senate would stand in recess from 5:35 o'clock P.M. until 6:10 o'clock P.M. At 6:35 o'clock P.M. the President called the Senate to order. The following resolution of the Senate was read and put upon its adoption: SR 7 EX. By Senators Allgood of the 22nd, Holloway of the 12th, Eldridge of the 7th and others: A resolution relative to adjournment by the General Assembly of Georgia sine die at 6:55 o'clock P.M. on August 8, 1982. On the adoption of the resolution, the yeas were 29, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 4164 JOURNAL OF THE SENATE The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted the report of the third Committee of Conference on the following bill of the House: HB1 EX. By Representatives Murphy of the 18th, Connell of the 87th and Edwards of the 110th: A bill to provide for the composition of certain congressional districts of Georgia; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated. The following message was received from the House through Mr. Ellard, the Clerk thereof: Mr. President: The House has adopted by the requisite majority the following resolution of the House: HR18 EX. By Representative Murphy of the 18th: A resolution relative to adjournment. Pursuant to the provisions of SR 7 EX, the President announced the Senate adjourned sine die at 6:55 o'clock P.M., August 8, 1982. Senate Journal 1982 Extraordinary Session Index INDEX 4167 PARTI SENATE BILLS AND RESOLUTIONS SB 1 EX Congressional Districts; reapportion 4th and 5th districts. ....... 4113 SR 1 EX Rules of the Senate; adopt ................................ 4110 SR 2 EX Notify House of Representatives that Senate has convened ...... 4111 SR 3 EX Vidalia Sweet Onion Growers; commend .................... 4117 SR 4 EX Steven Earl Davidson; express condolences to family ........... 4117 SR 5 EX Mr. John Booth; commend ................................ 4125 SR 6 EX Shrine of Immaculate Conception Catholic Church; express regrets at tragic fire ........................ 4126 SR 7 EX General Assembly; relative to adjournment sine die August 8. .................................. 4163, 4164 PART II HOUSE BILLS AND RESOLUTIONS HB 1 EX Congressional Districts; reapportion 4th and 5th districts. ....... 4114,4116,4119,4125,4126,4133,4134, 4135, 4142, 4143, 4151, 4155, 4164 HR 1 EX Notify Senate that House of Representatives has convened ..... .4111 HR 2 EX Notify Governor that General Assembly has convened. .... 4111, 4112 HR 18 EX General Assembly; relative to adjournment sine die August 8. ....................................... 4164 PART III ALPHABETHICAL INDEX Adjournment; relative to sine die August 8, SR 7 EX. ................ 4163, 4164 Adjournment; relative to sine die August 8, HR 18 EX .................... 4164 B Booth, Mr. John; commend, SR 5 EX. ................................. 4125 Chaplains of the Day: Broun,Senator Paul ........................................... 4116 Hudson, Senator Perry J. ....................................... 4109 Reynolds, Senator Steve ........................................ 4117 Starr, Senator Terrell ..........................................4115 Summers, Senator E. G. ........................................ 4155 Thompson,Senator Joe L. ...................................... 4113 Church, Catholic Shrine of Immaculate Conception; express regrets at tragic fire, SR 6 EX. .................................... 4126 4168 INDEX Congressional Districts; reapportion 4th and 5th districts, SB 1 EX .....................................................4113 Congressional Districts; reapportion 4th and 5th districts, HB1EX. ....... .4114,4116,4119,4125,4126,4133,4134,4135,4142,4' 4151,4155,4164 D Davidson, Steven Earl; express condolences to family, SR4EX .....................................................4117 G General Assembly; relative to adjournment sine die August 8, SR 7 EX ................................................ 4163, 4164 General Assembly; relative to adjournment sine die August 8, HR 18 EX.................................................... 4164 Governor George D. Busbee; communications. .................... 4109, 4117 N Notify Governor the General Assembly has convened, HR2EX. ...............................................4111,4112 Notify House of Representatives the Senate has convened, SR2EX .....................................................4111 Notify Senate that House of Representatives has convened, HR1 EX. .................................................... 4111 P Proclamation by Governor calling Extraordinary Session. ............ 4109,4117 R Reapportionment; 4th and 5th congressional districts, SB 1 EX ..................................................... 4113 Reapportionment; 4th and 5th congressional districts, HB 1 EX. ........ 4114, 4116, 4119, 4125, 4126, 4133, 4134, 4135, 4142, 4143, 4151,4155,4164 Rules of the Senate; adopt, SR 1 EX. .................................. 4110 s Shrine of Immaculate Conception Catholic Church; express regrets at tragic fire, SR 6 EX .............................. 4126 V Vidalia Sweet Onion Growers; commend, SR 3 EX ..................................................... 4117