Compiler's Note The Journal of the House of Representatives regular session of 1978 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume. Volume I contains January 9, 1978 through February 21, 1978. Volume II contains February 22, 1978 through March 7,1978 regular session. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 9, 1978 and adjourned Tuesday, March 7, 1978 VOLUME II ...^ O / ; ON :.-, L^ /^ X *:\ 1978 Atlanta, Ga. WEDNESDAY, FEBRUARY 22, 1978 1561 Representative Hall, Atlanta, Georgia Wednesday, February 22, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by Elder J. W. Hartley, Pastor, Hepzibah Primitive Baptist Church, Oglethorpe, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees: HB 1968. By: Representatives Wood, Whitmire, and Jackson of the 9th: A BILL to amend an Act creating the Board of Commissioners of Hall County so as to change the boundaries of the commissioner districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1969. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation so as to authorize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his deputies; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1970. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act creating the Small Claims Court in Bacon County so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdiction; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 1562 JOURNAL OF THE HOUSE, HB 1971. By: Representatives Whitmire, Jackson, and Wood of the 9th: A BILL to amend an Act establishing the State Court of Hall County so as to change the compensation of the solicitor of said court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1972. By: Representative Adams of the 79th: A BILL to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1973. By: Representatives Veazey of the 146th, Benefield of the 72nd, Coleman of the 118th, and Patten of the 149th: A BILL to amend an Act known as the Georgia Radio Utility Act so as to delete limitations on the Public Service Commission's authority to grant certificates under said Act; and for other purposes. Referred to the Committee on Industry. HB 1974. By: Representatives Veazey of the 146th, Benefield of the 72nd, Coleman of the 118th, and Patten of the 149th: A BILL to amend an Act known as the Georgia Radio Utility Act so as to provide for the temporary provision of radio utility service to a radio utility user in an adjacent uncertified area; and for other purposes. Referred to the Committee on Industry. HB 1975. By: Representatives Logan of the 62nd, Argo of the 63rd, and Russell of the 64th: A BILL to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County so as to provide that taxes levied thereunder for support and maintenance of the school system shall not be levied or used for the purpose of acquiring real estate or purchasing or constructing buildings or to accumulate funds for future use; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1976. By: Representative Isakson of the 20th: A BILL to amend Code Section 68A-805, relating to minimum speed restrictions, so as to provide that a person driving a motor vehicle below the speed limit to the extent that traffic is being impeded shall drive to the side of the road to allow such traffic to pass; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1981. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, Holmes of the 39th, Dean of the 29th, and Scott of the 37th: A BILL to amend Code Section 84-1504, relating to the Board of Veterinary Medicine, so as to change the provisions relating to the appointment of members of the Board of Veterinary Medicine; to change the provisions relating to the issuance of temporary licenses; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1982. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, Holmes of the 39th, Scott of the 37th, and Dean of the 29th: A BILL to amend an Act making provision for the licensure of applied psychologists through a WEDNESDAY, FEBRUARY 22, 1978 1563 State Board of Examiners of Psychologists so as to change the provisions relating to the appointment of members of the State Board of Examiners of Psychologists; and for other purposes. Referred to the Committee on Health & Ecology. HB 1983. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, Holmes of the 39th, and Dean of the 29th: A BILL to amend Code Chapter 84-10, relating to the practice of nursing, so as to change the provisions relating to the composition and appointment of members of the Georgia Board of Nursing; and for other purposes. Referred to the Committee on Health & Ecology. HB 1984. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, Holmes of the 39th, Dean of the 29th, and Scott of the 37th: A BILL to amend Code Chapter 84-7, relating to dentists and dental hygienists, so as to change the provisions relating to the appointment of members of the Georgia Board of Dentistry; and for other purposes. Referred to the Committee on Health & Ecology. HB 1985. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, Holmes of the 39th, and Scott of the 37th: A BILL to amend an Act known as the "Georgia Physical Therapy Act" so as to change the provisions relating to the appointment of members of the Georgia State Board of Physical Therapy; and for other purposes. Referred to the Committee on Health & Ecology. HB 1986. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1987. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the town of Austell and reincorporating said town as a city so as to change the compensation of the mayor and councilmen; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 733-1987. By: Representatives Childs of the 51st, Nichols of the 27th, Bolster of the 30th, Marcus of the 26th, Gignilliat of the 122nd, Glanton of the 66th, Robinson of the 58th, and others: A RESOLUTION directing the Governor to proclaim the month of May, 1978, as "Solar Month", and to proclaim May 3, 1978, as "Sun Day"; to call for the observance of said month and day; to direct certain cooperation and participation; and for other purposes. Referred to the Committee on State of Republic. HB 1990. By: Representative Battle of the 124th: A BILL to amend Code Chapter 84-21A, known as the "Registration of Geologists Act of 1975", so as to delete from said 1564 JOURNAL OF THE HOUSE, Code Chapter provisions relative to certification in a specialty; and for other purposes. Referred to the Committee on Natural Resources. HB 1991. By: Representative Bray of the 70th: A BILL to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff; to change the compensation of the deputies of the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1992. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary so as to change the compensation of the deputy clerks; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1993. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis so as to change the annual salary of the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1994. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner so as to clarify the provisions of the law to authorize the tax commissioner to receive the same commissions which were the usual and customary commissions received by the tax commissioner prior to January, 1977; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1995. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County so as to change the compensation of the chairman and members of the board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1996. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to re-create and establish a Board of Commissioners of Barrow County so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the chairman of the Board of Commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1997. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County so as to change the compensation of the tax commissioner; and for other purposes. WEDNESDAY, FEBRUARY 22, 1978 1565 Referred to the Committee on State Planning & Community Affairs - Local. HB 1998. By: Representatives Burton of the 47th, Williamson of the 45th, Linder of the 44th, Tolbert, Butler, and Johnston of the 56th, Clark of the 55th, Noble of the 48th, and others: A BILL to amend the charter of the City of Chamblee so as to increase the fine and imprisonment and change the penalties; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 1999. By: Representatives Clark, Milford and Mann of the 13th: A BILL to amend an Act granting a new charter to the City of Lavonia so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to change the compensation of the mayor and council; to correct the date of the election; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2000. By: Representative Culpepper of the 98th: A BILL to amend an Act creating a Small Claims Court for Crawford County so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating to fees; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2001. By: Representatives Irvin of the 10th, and McDonald of the 12th: A BILL to amend Code Section 47-101, relating to the apportionment of the House of Representatives so as to change the composition of certain Representative Districts; and for other purposes. Referred to the Committee on Legislative & Congressional Reapportionment. By unanimous consent, HB 2001 was ordered engrossed. HB 2002. By: Representative Murphy of the 18th: A BILL to provide for the superior courts in the counties comprising the Tallapoosa Judicial Circuit; and for other purposes. Referred to the Committee on Judiciary. HR 735-2002. By: Representative Irvin of the 10th: A RESOLUTION proposing an amendment to an amendment to the Constitution known as the ToccoaStephens County Building and Parks Authority so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2003. By: Representatives Wood of the 9th, and Hays of the 1st: A BILL to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955" so as to authorize and direct The Adjutant General of Georgia to establish post exchanges or canteens to be owned and operated exclusively by National Guard Units; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. 1566 JOURNAL OF THE HOUSE, HB 2004. By: Representatives Long of the 142nd, and Cox of the 141st: A BILL to create and establish a Small Claims Court of Grady County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2005. By: Representative McDonald of the 12th: A BILL to amend an Act creating a new charter for the City of Jefferson so as to provide that the mayor shall be eligible to succeed himself in office; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2006. By: Representatives Knight of the 67th, and Ware of the 68th: A BILL to provide a new charter for the Town of Sharpsburg in the County of Coweta; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2007. By: Representatives McCollum of the 134th, Coleman of the 118th, and Hatcher of the 131st: A BILL to amend an Act known as the "Uniform Act Regulating Traffic on Highways" so as to authorize law enforcement officers investigating accidents to visually inspect motor vehicles for damage and unsafe operating equipment; and for other purposes. Referred to the Committee on Highways. HR 737-2007. By: Representatives Taggart of the 125th, and Elliott of the 49th: A RESOLUTION proposing an amendment to the Constitution so as to provide for additional powers and jurisdiction for the probate courts of counties in which the judges possess certain qualifications, to provide for practices, procedures and appeals in connection therewith; and for other purposes. Referred to the Committee on Judiciary. HR 738-2007. By: Representatives Baugh of the 108th, and Parham of the 109th: A RESOLUTION proposing an amendment to the Constitution so as to provide for the election of one member of the Board of Regents of the University System of Georgia from each Congressional District by the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such Congressional District and the appointment of two members from the State at large by the Governor and to provide for four-year terms of office for members of the Board; and for other purposes. Referred to the Committee on University System of Georgia. HR 739-2007. By: Representatives Reaves of the 147th, and Pinkston of the 100th: A RESOLUTION authorizing the Georgia Forestry Commission to execute a longterm lease with the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agriculture, for a certain tract of land located in Bibb County, together with the improvements located and to be located thereon; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees: WEDNESDAY, FEBRUARY 22, 1978 1567 HB 2011. By: Representative McDonald of the 12th: A BILL to create a new charter for the City of Hoschton; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2012. By: Representatives Lenderman of the 53rd, Robinson of the 58th, Steinberg of the 46th, Clark of the 55th, Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, Vaughn of the 57th, and Burton of the 47th: A BILL to provide that in all counties in the State of Georgia having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census, the office of Justice of the Peace Emeritus shall be created; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 741-2012. By: Representative Buck of the 95th: A RESOLUTION authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. Referred to the Committee on State Institutions & Property. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1923 HB 1924 HB 1925 HB 1926 HB 1927 HB 1928 HB 1929 HB 1930 HB 1931 HB 1932 HB 1933 HB 1934 HB 1935 HB 1936 HB 1941 HB 1942 HB 1943 HB 1944 HR 718-1944 HR 719-1944 HR 720-1944 HR 721-1944 HR 722-1944 HB 1954 HB 1955 HB 1956 HB 1957 HB 1958 HB 1960 HR 727-1960 HR 728-1960 HR 729-1960 HB 1961 HR 730-1961 HB 1962 HB 1963 HB 1964 HB 1965 HB 1966 HB 1967 HB 1977 HB 1978 HR 731-1978 HB 1979 HB 1980 HR 732-1980 HB 1988 HB 1989 SB 211 SB 239 SB 408 SB 450 SB 484 SB 498 SB 600 SB 607 SB 608 SB 610 1568 JOURNAL OF THE HOUSE, Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1989 Do Pass Respectfully submitted, Pinkston of the 100th Chairman Representative Marcus of the 26th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 632 Do Pass, by Substitute HB 1217 Do Pass Respectfully submitted, Marcus of the 26th Chairman Representative McDonald of the 12th District, Vice-Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1839 Do Pass, by Substitute HB 1840 Do Pass HB 1874 Do Pass Respectfully submitted, Watson of the 114th Secretary Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1788 Do Pass, by Substitute HB 1807 Do Pass WEDNESDAY, FEBRUARY 22, 1978 1569 HB 1808 Do Pass, by Substitute HB 1836 Do Pass, by Substitute Respectfully submitted, Clifton of the 107th Secretary Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 466 Do Pass HR 640-1790 Do Pass HB 986 Do Not Pass HB 1605 Do Pass, as Amended HB 723 SB 441 HB 795 Do Pass Do Pass Do Pass, by Substitute Respectfully submitted, Snow of the 1st Chairman Representative Buck of the 95th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SR 279 SR 313 SB 28 SB 140 SB 98 Do Pass Do Pass Do Pass Do Pass, by Substitute Do Pass HB 397 Do Pass, by Substitute HB 1491 Do Pass HB 1435 Do Pass, by Substitute SR 217 Do Pass, by Substitute Respectfully submitted, Buck of the 95th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 734 Do Pass SB 457 Do Pass, by Substitute Respectfully submitted, Lee of the 72nd Chairman Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report: 1570 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1506 Do Pass Respectfully submitted, Thompson of the 93rd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1611 HB 1612 HB 1702 HB 1875 HB 1893 HB 1895 HB 1897 HB 1898 HB 1899 HB 1900 HB 1901 HB 1902 HB 1903 HB 1912 HB 1913 HB 1915 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, as Amended Do Pass HB 1921 Do Pass HB 1938 Do Pass HB 1939 Do Pass HB 1940 Do Pass HB 1945 Do Pass HB 1946 Do Pass HB 1947 Do Pass HB 1948 Do Pass HB 1949 Do Pass HB 1950 Do Pass HR 714-1916 Do Pass HR 715-1916 Do Pass HR 716-1916 Do Pass SB 114 Do Pass SB 542 Do Pass, as Amended HB 1800 Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman Representative Gignilliat of the 122nd District, Chairman of the Committee on University System of Georgia, submitted the following report: Mr. Speaker: Your Committee on University System of Georgia has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 384 Do Pass SB 505 Do Pass Respectfully submitted, Gignilliat of the 122nd Chairman Representative Collins of the 144th District, Chairman of the Committee on Ways & Means, submitted the following report: WEDNESDAY, FEBRUARY 22, 1978 1571 Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 350 Do Pass, as Amended HB 1485 Do Pass Respectfully submitted, Collins of the 144th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 22, 1978, and submits the following: HB 1268 HB 1386 HB 1430 HB 1447 HB 1507 HB 1569 HB 1575 HB 1585 HB 1629 HB 1636 HB 1643 HB 1647 HB 1665 HB 1683 HB 1687 HB 1725 HB 1736 HB 1738 HB 1739 HB 1797 HB 1801 HB 1805 HB 1809 HB 1815 HB 1820 HB 1845 HB 1873 HB 1882 Blasting/Excavating Requirements Uninsured Motorist Coverage Maximum Amounts Public School Employees' Retirement System Commission on Physical Fitness; Create Planning Commission; Subdivision Regulation Dentist & Hygienist; Civil/Criminal Immunity; Testifying Apportionment, House of Representatives Federal Intergovernmental Coop. Act APDC; Membership Bus Passenger Safety; Provide Physicians Assistants; Exam Requirements Bodily Injury; Verbal Abuse of Jurors Etc. Sales Tax; Rev. Comm. Extend Time for Returns Tuition Grants; State Supported Military College Interference with Custody Crossing State Lines Non-Profit Co-op Assoc., Provide Perpetual Duration Traffic Cases; Cash Appearance Bond; Receipts Sheriffs Elections & Qualifications Property/Judicial Sales; Recording of Deeds Notaries Public; Require Seal/Attestation of Deeds Health Care Services & Facilities, Requirements Licensing & Exam. Bds., Deter, of Fees Illegitimate Persons; Relating to Inheritance Ga. Sports; Hall of Fame Bd.; Create Landscape Architects; Include City Regional, etc. Motor Pools; Changes Auto Mileage Allowance Rate Brunswick Judicial Cir., Terms of Court Coal Products, Severance, Impose an Excise Tax State Purchasing; Advertisement Expense HR 83-370 Sales Tax, Levy 1% for Educational Purposes (Rec.) The Speaker shall have the right to call the above Bills and Resolution in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman 1572 JOURNAL OF THE HOUSE, By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1913. By: Representative Collins of the 144th: A BILL to amend an Act creating a Small Claims Court in each county of the State having a specified population so as to change the jurisdictional amount of the court; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1913 as follows: By striking on line 18 on page 1, the following: "18, 258", and substituting in lieu thereof the following: "18,358". By inserting on line 4 on page 1 after the word, "to", the following: "change the population category; to". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1800. By: Representatives Triplett of the 128th, and Chance of the 129th: A BILL to amend an Act creating a new charter for the municipality of Garden City so as to extend the present corporate limits of said municipality; to provide for purchase or condemnation of sewer facilities and water systems; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality; to provide for purchase or condemnation of sewer facilities and water systems; to provide for fees for city services furnished to the area annexed; to provide for a referendum; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, is hereby amended by adding at the end of Section 1.11 three new subsections to be designated as subsections (c), (d) and (e) to read as follows: "(c) Effective as of December 31, 1978, the corporate limits of Garden City shall include the present corporate limits of said city and shall include the following described property which is now adjacent to the present city limits and boundaries of Garden City, to wit: WEDNESDAY, FEBRUARY 22, 1978 1573 All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at a point where the present western corporate limits and the eastern right-of-way line of the Seaboard Coastline Railroad intersects the northwest right-of-way line of U.S. Highway 80; thence from said point of beginning running in a southwesterly direction along the northwest right-of-way line of U.S. Highway 80 and along the northwest right-of-way line of the Viaduct to a point where the northwest right-of-way line of U.S. Highway 80 and the Viaduct intersects the south right-of-way line of the Central of Georgia Railroad Company; thence following the southern right-of-way line of the Central of Georgia Railroad Company in a westerly direction for a distance of approximately 13,500 feet, more or less, to a point where the south right-of-way line of the Central of Georgia Railroad Company intersects the eastern right-of-way line of Dean Forest Road; thence in a southerly direction along the eastern right-of-way line of Dean Forest Road for a distance of 4,100 feet, more or less, to a point where the eastern right-of-way line of Dean Forest Road intersects the northern right-of-way line of the Seaboard Coastline Railroad Company; thence following the northern right-of-way line of the Seaboard Coastline Railroad in a southeasterly direction for a distance of 8,900 feet, more or less, to a point where the northern right-of-way line of the Seaboard Coastline Railroad intersects the northwest right-of-way line of the Savannah-Ogeechee Canal; thence in a northeasterly and eastern direction along the northwestern and northern right-of-way line of the Savannah-Ogeechee Canal for a distance of 6,200 feet, more or less, to a point where the northwestern and northern rightof-way line of the Savannah-Ogeechee Canal intersects the southwestern right-of-way line of the Seaboard Coastline Railroad right-of-way line; thence in a northwesterly direction along the southwestern right-of-way line of the Seaboard Coastline Railroad for a distance of 2,100 feet, more or less, to a point where the southwestern right-of-way line of the Seaboard Coastline Railroad Company intersects the southern right-of-way line of U.S. Highway 80; thence running along the southern right-of-way line of U.S. Highway 80 in an easterly direction for a distance of 3,500 feet, more or less, to a point where the southern right-of-way line of U.S. Highway 80 intersects the western right-ofway line of the Dundee Canal; thence in a southerly direction along the western right-ofway line of the Dundee Canal for a distance of 700 feet, more or less, to a point where the western right-of-way line of the Dundee Canal intersects the northwestern right-ofway line of Market Street; thence continuing in a southwesterly direction along the northwest right-of-way line of Market Street and a prolongation of said line for a distance of 2,650 feet, more or less, to a point where said line intersects the northeast rightof-way line of the Central of Georgia Railroad Company; thence in a northwesterly and northerly direction along the northeast right-of-way line of the Central of Georgia Railroad Company for a distance of 1,100 feet, more or less, to the southern right-of-way line of U.S. Highway 80; thence continuing across U.S. Highway 80 on a straight line to the point of beginning. (d) The Mayor and Councilmen of Garden City shall have full power and authority to purchase in their discretion any sewer facilities and water systems which may have been installed in any area annexed to the corporate limits of Garden City by subsection (c) of this Section. In the event that the city should elect to purchase said facilities or systems or any portion thereof, and there is disagreement as to the compensation to be paid for such facilities and system, then the city shall have the authority to acquire said water and sewer systems, or any portion thereof, by condemnation, the method and procedure for the condemnation of such property being the same as now or hereafter provided by the laws of Georgia in condemnation proceedings. (e) The governing authority of Garden City is hereby authorized to charge a fee as determined by said governing authority for city services furnished the annexed area as described by subsection (c) of this Section, such services including, but not limited to, sewerage, water and garbage collection. The fees charged for said services in said annexed area may vary from the charges for the same services in the heretofore existing corporate limits of Garden City, and said governing authority is hereby authorized to establish different charges and fees for such services in the annexed area and to collect the same under such rules and regulations as it shall establish." 1574 JOURNAL OF THE HOUSE, Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Garden City to issue the call for an election for the purpose of submitting this Act to the electors within the present corporate limits of Garden City and the electors residing within the proposed area to be annexed for approval or rejection. The superintendent shall set the date of such election for May 22, 1978, and he shall issue the call at least 30 days prior to the date thereof. The persons qualified to vote in said election shall be those electors residing within the present corporate limits of Garden City and those persons residing within the area to be annexed who are qualified to vote for members of the General Assembly. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act providing for annexation of territory to Garden City be approved?" ( ) NO All persons desiring to vote for approval of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on December 31, 1978, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Garden City. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Gignilliat of the 122nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1800, by substitute. HB 1611. By: Representative Carnes of the 43rd: A BILL to amend an Act creating a Civil Service Board in Fulton County so as to make different provisions relative to the payments to members of the Board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 22, 1978 1575 HB 1612. By: Representative Carnes of the 43rd: A BILL to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit so as to change the salary range of the assistant district attorneys of the Atlanta Judicial Circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1689. By: Representatives Veazey and Patten of the 146th: A BILL to establish a new charter for the City of Nashville, Georgia; and for other purposes. The following substitute, offered by Representatives Patten and Veazey of the 146th, was read and adopted: A BILL To establish a new charter for the City of Nashville, Georgia, and other purposes; providing for a title and citation; providing for definitions and rules of construction; providing for the city to continue as a body politic and corporate and naming same; providing for its general authority as a body politic and corporate; recognizing the boundaries of the former city; providing for the vesting of rights, title, etc. of the former city in the city incorporated under this Act; providing for the assumption of debts incurred by the former city by the city incorporated under this Act; providing for the continuation in office of the present mayor and aldermen; providing for municipal government to be vested in a mayor and a city council consisting of six (6) members; providing for the qualifications of the mayor and members of the council; providing for an oath of office for the mayor and members of the city council, and when said oath shall be taken; providing for penalties and punishment for violation of such oath; providing for removal from office of the mayor or any member of the city council who fails to attend a specified number of meetings; providing for the manner of filling vacancies in the office of mayor or councilman; providing for the election of a mayor pro tern by the council and his term; providing for the holding of regular and special meetings; defining a quorum and providing for procedure to be followed by the city council; providing for general corporate powers to be exercised by the mayor and council; providing for the powers of the mayor and mayor pro tern; providing for the manner of construction of powers granted to the city; defining who is eligible to vote in city elections and providing for registration of voters by the city; providing for the time for filing for election to office of mayor or city councilman; providing for terms of office of councilmen; dividing the council into posts; providing for a term of office of mayor; providing that all elections under the charter are to be on majority vote; providing for standing committees of the council; authorizing the city council to adopt rules, ordinances, resolutions, rules, etc. necessary, proper, expedient or helpful for the peace, good order, etc.; prescribing what must be done by ordinance, and what can be done by motion or resolution; providing a procedure for enactment of legislation; requiring all official action to be introduced in writing; requiring that ordinances must contain one subject matter and have titles reflecting their contents; providing an exception for the adoption of codes by references and the codification of ordinances; providing an enacting clause for ordinances and the effect of failure to use same; providing that the majority vote is required to adopt ordinances; providing for the introduction and reading of ordinances; providing a procedure for the enactment of emergency ordinances; providing for the publication of titles of ordinances; providing for the effective date of ordinances; providing for the determination of procedures for fixing the effective date of resolutions and motions; providing when legislation becomes law; providing for the veto by the mayor of ordinances and resolutions and the manner of overriding same; providing for the signing, authenticat- 1576 JOURNAL OF THE HOUSE, ing and recording of ordinances by the city clerk; providing for the continuation of existing ordinances, resolutions, bylaws, etc. until amended or repealed; authorizing a city administrator, and providing for his employment, the powers which may be delegated to him, etc.; providing for an oath to be taken by city employees when required by the mayor; providing for official bonds of nonelected officers and employees when required by the mayor; providing for residency requirements of city employees; prohibiting political activities of city officers and employees; providing for the establishment of a merit system; providing for the appointment of department heads; providing for the powers of the members of the police department; providing for the members of the police department to arrest individuals in hot or fresh pursuit; providing for a police committee and defining its duties; providing for impeachment and removal of city officers and city employees; providing for the charter to be a defense to lawsuits; providing for a municipal court and prescribing its jurisdiction, authority and powers; providing for municipal judge; providing for his age and qualifications; providing for an oath of office of the judge; providing for convening of the municipal court; authorizing for the municipal court to impose penalties for violation of ordinances and for contempt; providing for the manner of establishing bail and recognizances in the municipal court; providing for the manner of appeals; providing for the promulgation of rules and regulations for the administration of the municipal court; providing for a fiscal year of the city; providing for expenditures to be made in accordance with an annual budget; establishing taxation procedures and authorizing the city to levy and collect taxes; providing for the due date for taxes; authorizing interest and penalties on unpaid taxes; providing the manner of issuance and enforcement of executions; providing for affidavits of illegality of executions; providing for a severability clause; providing for the repeal of all Acts inconsistent with this Act and enumerating prior Acts of the city which are specifically repealed; providing for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I. IN GENERAL Section 1-1. Title and citation. This Act shall be known as the "Charter of the City of Nashville, Georgia" and may be cited as and referred to herein as the "charter." Section 1-2. Definitions and rules of construction, (a) As used in this charter the following meanings, respectively, shall be given to the following terms, unless otherwise specifically provided or a different meaning is apparent from the context: (1) "City" shall refer to the municipal corporation, Nashville, Georgia, or the territory embraced within the boundaries of the municipality, dependent upon the context. (2) "City limits" shall refer to and mean the territory embraced within the boundaries of the city. (3) "Company" means corporation. (4) "Council" or "city council" shall mean the persons elected or serving as provided in this charter. (5) "County" or "this county" shall mean the County of Berrien, in the State of Georgia. (6) "Day" means a full day of twenty-four (24) hours, commencing at midnight, Eastern Time. (7) "Elector" means a person residing within the city who is qualified to vote therein. (8) "In" may be the equivalent of "on." (9) "Is" may mean "shall be." (10) "May" ordinarily denotes permission and not command; where it concerns the public interest or affects the rights of third persons, it will be construed to mean "must" or "shall." (11) "Mayor" shall mean the Mayor of Nashville, Georgia. (12) "Month" means a calendar month. (13) "Next" means "in the nearest time," "just after," "immediately following." WEDNESDAY, FEBRUARY 22, 1978 1577 (14) "Oath" includes affirmation. (15) "Officer" shall mean and include the mayor, councilmen, members of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An "officer" as herein defined shall fill an office and an employee shall fill a position of employment. (16) "Or" is ordinarily to be understood in the disjunctive sense, but will be construed as "and" when necessary to effectuate a legislative intent manifested by the context and surrounding circumstances. (17) "Person" shall include individuals, firms, partnerships, associations, companies, corporations and all legal entities. When used with reference to the omission or commission of acts required or forbidden, it shall include persons, as above defined, participating in such omission or commission of acts, and their agents, employees and servants, acting within the scope of their authority and so participating. (18) "Preceding" means next before. (19) "Property" includes real and personal property. (20) "Shall" is mandatory. (21) "State" or "this State" shall mean the State of Georgia, in the United States of America. (22) "Streets" means street, sidewalk and public way and place used for travel, and shall include bridges thereon. (23) "Until" a certain day or hour includes all of such day or hour. (24) "While" means "pending" or "during the time." (25) "Writing" includes printing and numerals. (26) "Year" means a calendar year. (b) Terms not defined herein, but which are defined in the laws of the State shall have the meanings given in said laws. (c) The following rules shall govern in the construction of the provisions of this charter: (1) Unless otherwise expressly or by necessary implication provided, the ordinary signification shall be applied to all words, except words of art or trade or words connected with a particular subject matter, which shall have the signification attached to them by experts in such art, trade or subject matter. (2) The present or past tense shall include the future. (3) The masculine gender shall include the feminine and neuter. (4) The singular or plural number shall each include the other, unless expressly or by necessary implication included. (5) A joint authority given to any number of persons or officers may be executed by a majority of them, unless otherwise expressly provided. (6) Substantial compliance with a requirement of any provision of this charter, especially on the part of officers of the municipality, shall be deemed sufficient, unless otherwise expressly or by necessary implication provided. (7) When a number of days, months or years is prescribed for the exercise of any privilege or the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on Sunday, another day shall be allowed in the computation. (8) Grammatical errors shall not vitiate; and a transposition of words, phrases and clauses may be resorted to when a sentence, clause or phrase is without meaning as it stands. (9) The object of the construction of this charter shall be to ascertain the intention of the enacting authority; and to that end there shall be kept in view at all times the old law, the evil, the remedy and the surrounding circumstances. Section 1-3. Incorporation; name, style, designation, authority as body politic and corporate, (a) The City of Nashville, in Berrien County, Georgia, heretofore made a body politic and corporate by Acts of the General Assembly of the State, under the name of the City of Nashville, shall continue a body politic and corporate, known by the corporate name of the "City of Nashville," hereinafter also referred to as "the city." (b) As a body politic and corporate, the city shall have authority to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal 1578 JOURNAL OF THE HOUSE, purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State or of the United States, with authority in and by its corporate name to sue and be sued, plead and be impleaded in all courts, and have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its city council, shall have all of the authority, powers and privileges incident to municipal corporations under the laws of the State, and all other authority necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-4. Boundaries. The boundaries of the city as they exist on the effective date of this charter are hereby recognized, ratified and confirmed. Section 1-5. Vesting of rights, etc. All properties, titles, easements, hereditaments, privileges, related rights and powers belonging or in any way appertaining to the city as heretofore incorporated, are hereby vested absolutely in the city, incorporated under this charter in the same manner and to the same extent as they were had by the former city. Section 1-6. Assumption of debts, etc. The city as created by this charter is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of the city as heretofore incorporated. Section 1-7. Continuation in office of mayor and aldermen, and other officers, (a) The mayor and aldermen who are serving in these offices of the city at the time of the approval of this charter shall continue to serve in their respective offices for and during the full terms for which they were elected. (b) Other officers shall continue in office until removed or replaced as provided by law or ordinance. ARTICLE II. MAYOR AND CITY COUNCIL Section 2-1. Generally. The municipal government of the city and its corporate powers shall be vested in and exercised by a mayor and a city council, consisting of six (6) members and also by officers, agents and employees under their authority except as otherwise provided in this charter1. Section 2-2. Qualifications. In order for a person to be eligible to hold the office of a mayor, or to be a member of the city council, he shall, at the time of his filing and qualifying for office: (1) Have been a resident of the city for at least twelve (12) consecutive months; (2) Be a qualified voter in the city; (3) Be at least twenty-one (21) years of age; (4) Have been a freeholder in the city for at least two years. Section 2-3. Oath of office, (a) The mayor and all members of the city council shall, before they enter on the duties of their respective offices, take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of mayor (or councilman as the case may be) of the City of Nashville, Georgia, and will to the best of my ability, preserve and protect and defend the city charter, the Constitution of the State of Georgia and the Constitution of the United States of America. Persons elected to the office of mayor or to the city council shall take such oath at the first regularly scheduled meeting of the city council in December following their election, or if such person was elected at a special election, at such time as the mayor and city council shall designate. (b) It shall be unlawful for any person to violate his oath of office. Any person violating such oath shall be subject to impeachment and removal from office in the manner WEDNESDAY, FEBRUARY 22, 1978 1579 provided herein, or to punishment to the maximum extent authorized for violations of city ordinances, or to both such removal and punishment. Section 2-4. Failure to attend meetings. If the mayor or any member of the city council fails to attend eight (8) regularly scheduled consecutive meetings of the city council in any calendar year, such person's office shall be declared vacant and the office shall be filled as provided in this charter. Section 2-5. Filling of vacancies. If the office of mayor or councilman becomes vacant by death, resignation, removal or otherwise, the mayor and city council by resolution adopted within ten (10) days of such vacancy shall order an election to fill such vacancy; provided, however, that if any of such offices become vacant at any time within three (3) months of the expiration of the term of office, the city council shall have the right and power to fill said office for the remainder of the term by appointment made by the mayor and city councilmen. Section 2-6. Mayor pro tern generally. There shall be a mayor pro tern who shall be elected annually by the mayor and the members of the city council from among the membership of the council. Section 2-7. Meetings generally, (a) Regular meetings of the mayor and city council shall be held on the second and fourth Mondays of each month at such time as shall be fixed by ordinance. (b) Special meetings of the mayor and city council shall be held only upon call of the mayor, the mayor pro tern, or upon the written request of two (2) members of the city council. The city clerk shall give written notice of a special meeting to all members of the city council and the mayor if they are in the city within twenty-four (24) hours of the meeting. Section 2-8. Quorum; procedure. A majority of the members of the city council shall constitute a quorum for the transaction of all business. Any councilman shall have the right to call for the ayes and nays and have the same recorded on the minutes in all cases. The mayor shall have no vote, except in the case of a tie. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2-9. Powers generally. The corporate powers of the city, to be exercised by the mayor and city council, shall include, but shall not be limited to, the following: (a) General. To exercise all powers and authority provided elsewhere in this charter. (b) Enactment of ordinances, etc. To make, ordain and establish such bylaws, ordinances, resolutions, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city. (c) Codification of ordinances and resolutions. To codify the general and permanent ordinances and resolutions of the city and cause such ordinances to be published as a Code of Ordinances. (d) Emergency situations. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city. (e) Corporate limits. To fix the corporate limits of the city in a manner not inconsistent with the law. (f) Departments, offices, etc. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon those agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; and to make investigations into the conduct thereof as authorized in this charter. (g) Elections. To regulate city elections in the manner provided by general law. 1580 JOURNAL OF THE HOUSE, (h) Contracts and agreements for service. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. (i) Intergovernmental cooperation. To cooperate with any department or agency of the State or federal government, or any political subdivision of the State, in making of public improvements and doing the things which contribute to the health, morals, comfort and general welfare of the citizens of the city, and for this purpose may expend such public funds as are necessary to effectuate said purpose. (j) Insurance and retirement. To establish and maintain a retirement system and insurance plan for officers and employees of the city and to provide the methods of financing such systems and plans. (k) Property acquisition, etc. To acquire, dispose of and hold in trust or other- wise, any real, personal, or mixed property, in fee simple or lesser interest, within and without the city. (1) Appropriations generally, expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of monies for any purpose for which a municipality is authorized by the laws of the State, and to provide for the payment of expenses of the city. (m) Appropriations and borrowing for payment of debts; issuance of bonds. To appropriate and borrow monies for payment of the debts of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the State. (n) Property tax levy and collection. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; and to contract with any city, county or other governmental or political subdivision for any servioo in connection with the taxation process authorized by State law, including without limitation, the ministerial acts of billing and collection of city ad valorem taxes. (o) Exempting property from taxation. To exempt property from taxation as authorized by law. (p) Back taxes. To provide for the collection on back taxes and penalties thereon. (q) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) License fees and taxes. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions and to provide for the manner and method of payment of such license fees and taxes. (s) Permits and fees. To provide for the issuance of permits and for the revocation thereof and to prescribe fees for the issuance thereof. (t) Taxes for advertising the city and for hospitals, libraries, etc. To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital, commercial, manufacturing and other enterprises into the city; and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, and other municipal facilities. (u) Laying out, etc., public ways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light, streets, roads, alleys, sidewalks, walkways, and other public ways. (v) Control of public ways. To regulate and control public streets, roads, alleys, sidewalks, walkways and other public ways; and to prevent the blocking of streets, roads, alleys, sidewalks, walkways, and other public ways and railroad crossings. (w) Public facilities and improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, quarries, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, communication, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements, within and without the city, and to regulate the use thereof, and for such WEDNESDAY, FEBRUARY 22, 1978 1581 purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts as are or may be enacted. (x) Traffic regulations. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, sidewalks, walkways and other public ways of the city. (y) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; and to require public liability insurance on such vehicles in amounts prescribed by ordinance. (z) Executions. To issue executions for the collection of any debt or claim due the city, arising by ordinance, or by contract, express or implied, by tort, or otherwise. Said executions may issue and be satisfied as provided in this charter or as otherwise authorized by law. (aa) Filing claims against city. To provide for the filing of claims against the city and for the barring of such claims unless properly filed. (bb) Condemnation. To condemn property, inside or outside of the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and city council, under Section 36-202 of the Code of Georgia of 1933, or under other applicable Public Acts, as are or may be enacted. (cc) Ownership, etc. of utilities generally. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities; including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility, within and without the city, and to fix the taxes, charges, rates, fares, fees, assessments, and regulations for same, and penalties and withdrawal of service for refusal or failure to pay same or to abide by such regulations, and the manner in which such remedies shall be enforced. (dd) Sewer charges. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and expansion of a sewage disposal plant and extension of a sewer system and to levy on the users of sewers and the sewer system a sewer service charge, fee or sewer tax for the use of the sewers and to provide for the manner and method of collecting such service charges and for enforcing payment of same; and to charge, impose and collect sewer connection fees and to charge the same from time to time; such fees to be levied on the users connecting with the sewer sys- tem. (ee) Collection and disposal of garbage, refuse, recyclable materials. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse and to regulate the collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and to provide for the sale of such items; to take all necessary and proper means for keeping the city free from garbage, trash and filth; to levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services, to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges. (ff) CATV. To acquire rights-of-way and easements for, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a community antenna television system, (CATV) within and without the city, subject to the provisions of applicable State law, and to prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided, and to impose a lien against any property of the persons served, said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. (gg) Franchises. To grant franchises or make contracts for public utilities and public services, and other things. The council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with laws of the State. (hh) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. 1582 JOURNAL OF THE HOUSE, (ii) Pollution control. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams, ponds and other bodies of water within the city. (jj) Zoning, planning and subdivisions. To adopt by ordinance a plan or plans for the zoning of the city in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, or general welfare, and for the purpose of regulating the location of trades, industries, apartment houses, dwellings, and other uses of property; or for the purpose of regulating the height and location of the buildings, fences and other structures; for the purpose of regulating the alignment of buildings or other structures near street frontages; for the purpose of preserving buildings, structures or areas having national, regional, State or local historic significance; and for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the city council shall deem best to accomplish the purposes of the zoning regulations. The mayor and city council may prescribe regulations for the subdivid- ing or platting of property. (kk) Fire limits, fire prevention and protection. To fix and establish fire limits and from time to time to extend, enlarge or restrict same to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (11) Building construction and repair. To establish minimum standards for and to regulate the erection and construction and repair of buildings and other structures, electrical wiring and equipment, gas installation and equipment, air-conditioning installation and equipment, plumbing, warm air heating installation and equipment, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to pro- vide for the enforcement of such standards; to adopt by reference building, housing, plumbing, electrical, gas, mechanical, and heating and air-conditioning codes; and to regu- late all housing, building, and building trades, and to license all building trades and to license the construction and erection of buildings and all other structures. (mm) Dangerous structures. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (nn) Adoption of published codes, etc. To adopt by reference any codes, publi- cation or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the federal, State or county government or by a municipality, by a trade association or other organization generally recognized as an authority in its field of activity. (oo) Signs, etc. To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets, roads or other public ways, or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances. (pp) Police power. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of the inhabitants of the city, within the city and on any property outside of the city and owned by the city. (qq) Animals and fowl. To regulate, license, tax or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment thereof for violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance. (rr) Nuisances. To define a nuisance in the city and to provide for its abatement, whether on public or private property. (ss) Alcoholic beverages. To regulate and control the manufacture, sale or trans- portation of alcoholic beverages, and license and tax the same in a manner not inconsistent with the law. (tt) Loitering, disorderly conduct, etc. To adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the city and to WEDNESDAY, FEBRUARY 22, 1978 1583 prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct or activity within the city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of its citizens. (uu) Peddlers, shows, etc. To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise. (vv) Dangerous activities or conditions. To regulate or prohibit junk dealers, pawnshops, the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property. (ww) Penalty for violation of ordinances, etc. To provide that upon the conviction of the violation of any ordinance, code, rule, regulation, or order, the offender may be punished by a fine not to exceed one thousand dollars ($1,000.00) or confinement in the city jail for a term not to exceed six (6) months or both such fine and imprisonment in the discretion of the judge of the municipal court. (xx) Inquiries and investigations. To make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and city council shall be punished as provided by ordinance. (yy) Additional powers generally. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and other laws of the State. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but instead shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable public Acts of the State. Any other provisions of this charter notwithstanding, all legislative power shall be vested in the city council. Section 2-10. Mayor's powers and duties, (a) The mayor shall be the presiding officer of the city council. He shall also be the chief executive officer of the city government and shall see that all laws, ordinances, orders, bylaws, resolutions, and regulations of the city or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly execute and perform their duties. Subject to the provisions of this charter, he shall have control of the police department of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected. He shall exercise general supervision over the affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. (b) In the absence, disqualification or disability of the mayor, the mayor pro tern shall discharge his functions; and if he, for the same reasons cannot act, then another member of the city council shall be selected by the councilmen to act temporarily. Section 2-11. Construction of powers. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. 1584 JOURNAL OF THE HOUSE, ARTICLE III. ELECTIONS Section 3-1. Electors. Any person who is a resident of the city and who is registered as an elector by the city clerk shall be eligible to vote in a city primary or election. The council shall provide by ordinance for the manner of registration of voters. Section 3-2. Filing for office. All candidates for mayor or the city council shall file with the city clerk, in a book kept for such purpose, at least fifteen (15) days before the election day paying any required qualification fee to the city clerk. No person shall be qualified and eligible to hold the office of mayor or councilman or have his name placed upon the ballot of a city election who does not comply with the provisions of this Section. Section 3-3. Councilmen. (a) Councilmen shall be elected and hold office for terms of two (2) years with terms expiring on the second Monday in December of the appropriate year and until their respective successors in office are elected and qualified. (b) The city council is hereby divided into six posts to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The councilman to be elected in the municipal elections to be held in each even-numbered year shall be elected to Post No. 1, Post No. 2, and Post No. 3 respectively. The councilman to be elected in the municipal elections to be held in each odd-numbered year shall be elected to Post No. 4, Post No. 5 and Post No. 6 respectively. Any person seeking election as a councilman shall designate the city council post to which he seeks election and shall seek election only to the post so designated. (c) The provisions of this Section shall not be construed as requiring the division of the territory of the city councilmanic districts or the establishment of councilmanic districts. Section 3-4. Mayor. The mayor shall be elected and hold office for a term of two (2) years expiring on the second Monday in December of each even-numbered year and until his successor is appointed and qualified. Section 3-5. Election to be by majority vote. Any provision of this charter to the contrary notwithstanding, no person shall be elected mayor or councilman in any election unless such person has received a majority of the votes cast to fill the office of mayor or councilman. Section 3-6. Standing committees. At the first regular meeting in December of each year the mayor shall appoint standing committees of the city council whose duties shall be as provided by the council. ARTICLE IV. LEGISLATION Section 4-1. Generally, (a) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, or the Constitution and the laws of the State, or the United States, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the city, and may enforce the same by imposing penalties for violation thereof. (b) Any action of the city council having a regulatory or penal effect or otherwise required to be done by ordinance, shall be done only by ordinance. The appointment of city officers or employees and the waiving of the rules of the city council may be done by simple motion. Any action of the city council which is not required or permitted by State law or this charter to be done by ordinance or permitted by this charter to be done by motion shall be done by resolution. Section 4-2. Enactment procedure, (a) Except as otherwise provided herein, every official action of the council which is to become law shall be introduced in writing in the form required for final adoption. (b) No ordinance shall be valid if it refers to more than one subject matter or contains matter different from what is expressed in its title. WEDNESDAY, FEBRUARY 22, 1978 1585 (c) The provisions of subsection (b) shall not be construed to prohibit the adoption of a code of ordinances or the adoption of building, housing, plumbing, electrical, mechanical and air-conditioning codes for the Georgia Rules of the Road (Georgia Code, Title 68A), by reference. (d) The enacting clause of all ordinances shall be as follows: "Be it ordained by the City Council of the City of Nashville, Georgia". If the enacting clause of an ordinance is not verbatim the language required above, but is substantially the language required above, the ordinance shall be valid. If the enacting clause of an ordinance is not verbatim the language required above, or is not substantially the language required above, the ordinance shall be invalid. (e) The affirmative vote of a majority of the city council present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. (f) An ordinance may be introduced by any member of the city council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that all ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the city clerk shall distribute a copy to the mayor, and to each councilman, and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. (g) To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the total membership of the city council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. (h) Upon becoming law the title of all ordinances shall be published once in a newspaper of general circulation in the city. The city clerk shall attest to such publication in the official records of the city. (i) Ordinances shall become effective upon the date provided therein; provided, however, that no ordinance shall become effective: (1) Prior to its becoming law; (2) Prior to the publication of the title in a newspaper of general circulation in the city, as provided in subsection (h) except that this clause shall not apply to emergency ordinances. If no effective date is specified in an ordinance, it shall become effective upon its becoming law and after its publication as required in subsection (i). (j) The enactment procedures for resolutions and motions of the city council shall be as provided by rules of the council, except as otherwise provided in this charter. Section 4-3. When legislation becomes law. (a) No ordinance or resolution adopted by the city council shall become law until it has been approved in writing by the mayor; provided, however, that if the mayor fails to approve an ordinance or resolution before the next regularly scheduled meeting of the city council it shall be deemed to have been approved by him. Upon his disapproval of an ordinance or resolution, the mayor shall submit it to the city council through the city clerk, together with a written statement of his reasons for disapproval. An ordinance or resolution which is disapproved by the mayor, together with his written reasons therefor, shall be presented by the city clerk to the city council at its next regularly scheduled meeting and should the council again adopt the ordinance or resolution by a two-thirds vote of all of its members, it shall become law. 1586 JOURNAL OF THE HOUSE, (b) Any action of the city council which is not in the form of an ordinance or resolution shall become law as provided in the rules adopted by the city council or in such action. Section 4-4. Signing, authenticating, recording. The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose of all ordinances and resolutions which become law. Section 4-5. Existing ordinances, resolutions, etc. All ordinances, resolutions, bylaws, rules and regulations, now in force in the city, not inconsistent with this charter, are hereby declared valid and of force and effect until amended or repealed by the city council. ARTICLE V. OFFICERS AND EMPLOYEES Section 5-1. City administrator. The mayor, with the consent of the city council, may appoint a city administrator who shall hold office until his employment is terminated by the mayor, with the consent of the council. The administrator shall, during his employment, be a resident of the city. The administrator shall receive such compensation as the city council may provide. The administrator may be delegated such nonlegislative and nonjudicial functions as the council may provide by ordinance. Section 5-2. Oaths, (a) Employees of the city who are required to do so by the mayor or this charter shall take the following oath of office: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office (or position, as the case may be) of (insert name of office or position) of the City of Nashville, Georgia, and will to the best of my ability, preserve, protect, and defend the city charter, the Constitution of the State of Georgia and the Constitution of the United States of America." (b) It shall be unlawful for any person to violate his oath of office. Any person violating such oath shall be subject to removal from office in the manner provided in this charter, or to punishment to the maximum extent authorized for violations of city ordinances, or to both such removal and punishment. Section 5-3. Official bonds. The mayor is hereby authorized to require bonds of any nonelected city officer or employee with approved corporate or other surety and conditioned on such person faithfully performing the duties of his office. The premium on such a bond shall be paid with funds taken from the city treasury. Section 5-4. Residency requirements. All appointed officers or employees of the city shall be residents of the county during their employment, except as otherwise provided in this charter. Section 5-5. Political activity prohibited, (a) No officer or employee of the city shall be a candidate for any public office or take an active part in a political campaign while on duty or within any period of time during which he is expected to perform services for which he receives compensation from the city. (b) No city officer or employee shall use the authority of his position or office to secure support for, or oppose any candidate in a city election. (c) Any person violating any of the provisions of this Section shall be subject to such fine and confinement as shall be determined by ordinance, or by removal from office in the manner provided in this charter, or by both such fine and confinement and removal. Section 5-6. Appointment of department heads. All department heads shall be appointed by the mayor with the consent of the city council. The terms of such department heads shall be as fixed by ordinance, but shall never exceed two (2) years. Section 5-7. Police department, (a) Except as otherwise provided by State law, or city ordinance or resolution, the members of the police department shall have the powei and duty to enforce all laws and city ordinances. WEDNESDAY, FEBRUARY 22, 1978 1587 (b) In addition to the arrest powers conferred upon them by general law, members of the police department are hereby empowered to arrest in hot or fresh pursuit outside the city limits persons whom they would be authorized to arrest had such persons remained within the city limits. The term "hot or fresh pursuit" in addition to its commonly accepted meaning shall include pursuit without unreasonable delay. (c) There shall be a committee, known as the police committee, which shall consist of the mayor, the mayor pro tem, and one other councilman elected by the council for a period of one year. The mayor shall be chairman of this committee. The police committee shall have control of the police department, subject to the direction of the entire council. Section 5-8. Impeachment and removal, (a) The mayor, members of the city council, the judge of the Municipal Court of the City of Nashville, and any department heads who serve for a fixed term of office shall be subject to impeachment and removal from office for: (1) Violation of any of the criminal laws of the State, except minor traffic offenses; or (2) Violation of their oaths of office; or (3) Violation of Section 5-4 or 5-5 of this charter or both such Sections; or (4) Willful neglect or failure to perform the duties of his office; or (5) Private misconduct as renders his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof. (b) Upon a majority vote of the entire membership of the city council, articles of impeachment shall be prepared. The procedure to be followed in the trial of articles of impeachment shall be as determined by the mayor and council except that if the mayor is on trial, a judge of the superior court shall preside. (c) No person shall be eligible to vote on any matter concerning his own impeachment. (d) Upon conviction, a person shall be removed from office and shall not be eligible to hold city office or employment again. (e) The impeachment process shall not affect the criminal or civil liability of any person. Section 5-9. Charter as defense to lawsuits. Any city officer or employee who is sued for any act done in his official capacity, may justify such action under this charter, and the provisions of this charter may be pleaded and shall be a full defense for such an act. ARTICLE VI. MUNICIPAL COURT Section 6-1. Generally. There is hereby established a court to be known as the Municipal Court of the City of Nashville, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. The court shall have the power and authority to: (a) Enforce its judgments by the imposition of such penalties as may be provided by law; (b) Punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; (c) Try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the city council may be designated to preside with the same powers and duties as the judge when so acting. 1588 JOURNAL OF THE HOUSE, Section 6-2. Judge, (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one (21) years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the mayor and shall serve at the discretion of the city council, to be relieved of his duties as judge only by a majority vote of the council and mayor. The compensation of the judge shall be fixed by the mayor and council. (b) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on duties of his office, the judge shall take such oath before an officer duly authorized to administer oaths in this State, as required for nonelected officers or employees in this charter. The oath shall be entered upon the minutes of the council. Section 6-3. Convening. The Municipal Court of the City of Nashville shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 6-4. Jurisdiction and powers generally, (a) The Municipal Court of the City of Nashville shall try and punish for crimes against the city and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed seventy-five dollars ($75.00) or thirty (30) days in jail. The municipal court may fix punishment for offenses within its jurisdiction by a fine of up to one thousand dollars ($1,000.00) or confinement in the city jail for up to six (6) months or both such fine and confinement. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property or personal endorsement as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The municipal court shall have the jurisdiction and powers throughout the entire area of the city granted by State law generally to mayor's, recorder's, police and justice of the peace courts, including, but not limited to those laws authorizing the abatement of nuisances. Section 6-5. Appeals, (a) Anyone convicted in the municipal court of any offense shall have the right to appeal to the Superior Court of Berrien County; provided that any person who fails to file his appeal within ten (10) days of the date of his conviction shall be deemed to have waived any such right, and provided, further that before an appeal can be had there must be filed with the city clerk a notice of appeal and the accrued court WEDNESDAY, FEBRUARY 22, 1978 1589 costs (which include jail costs) which must be paid by cash or certified check unless the appellant files with the city clerk an affidavit stating that because of his poverty he is unable to pay the court costs. (b) Once an appeal is filed the appellant shall be entitled to an appeal bond, which bond shall be a cash bond the amount to be specified by the judge of the municipal court. The amount of the cash bond shall be posted and deposited with the city clerk before the appellant's release or the court in its discretion can release the appellant on a property surety bond of a specified amount, which bond must be approved by the sheriff of the county of which the surety is a resident. Section 6-6. Rules. The Judge of the Municipal Court of the City of Nashville shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants or their attorneys in municipal court proceedings at least forty-eight (48) hours prior to the proceedings. Section 6-7. Employees. The mayor and city council shall furnish the judge of the municipal court such employees as the judge deems necessary for the proper conduct of court. ARTICLE VII. FINANCE AND TAXATION Section 7-1. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 7-2. Expenditures to be in accordance with budget. No expenditure shall be made except in accordance with the budget ordinance adopted annually by the city council. Section 7-3. Taxation, (a) The mayor and city council shall have full power to levy and collect an annual ad valorem tax, on all property within the city which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expense of city government. (b) Taxes shall be due and payable on December twenty of each year unless such day is a Sunday, in which case taxes shall be due and payable on the following business day; taxes shall be a lien on all property as owned on January one of each year. (c) Taxes which are not paid when due shall be subject to such interest and penalties as are established by ordinance. Section 7-4. Executions generally, (a) Executions shall be issued for unpaid city taxes and any unpaid interest and penalties thereon on February one in each year, or if such day is a Sunday, then on the following business day, and shall be enforced by levy as herein provided. (b) All executions issued against persons, who fail to pay any license fee or tax assessment owed to the city shall be signed and issued by the city clerk, shall bear teste in the name of the mayor, and shall be directed to and enforced and levied by the chief of police who, after levying the same upon the property of the defendant in fi. fa. or the property against which it is issued, shall, if the property levied on be personal property advertise the sale by posting notices thereof in three (3) or more public places in said city for ten (10) days before the day of sale; and if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette in which the sheriffs sales of the county are advertised, before selling the same. (c) All sales under execution shall be sold before the door of the county courthouse. Sales shall be made under the rules and laws governing sheriffs sales. When personal 1590 JOURNAL OF THE HOUSE, property is sold, the chief of police shall deliver the possession thereof at once to the pur chaser and a bill of sale if he so desires. When real estate is sold, the chief of police shal make to the purchaser a deed, and upon application of the purchaser or his agent shal put such purchaser or agent in possession of the real estate sold. Section 7-5. Transfer of execution for street, sewer, etc. assessments redemption by owner, (a) The chief of police or collecting officer of the city shall b authorized to transfer and assign any fi. fa. or execution issued for street, sewer or othe assessment in the same manner upon the same terms, and to the same effect, and thereb; vest the purchaser or transferee with the same right as in cases of sales or transfers o tax fi. fas. as provided by law. (b) On sales of property made under execution in behalf of the city for the collectioi of street, sewer and other assessments, the owners, may redeem same within the same tim and on compliance with the same terms of the payment of the same premium, interest an* costs, as in cases of redemption of property where sold under tax fi. fas. Section 7-6. Affidavit of illegality of executions. Whenever any executio: issued by the proper authority of the city for taxes, licenses, assessments, fines, forfeiture or any other charge or demand due the city, shall be levied upon any property, the defen dant in fi. fa. shall have the right to file an affidavit denying that the whole or any pai of such execution is due and the reason same is not due, and stating what amount i admitted to be due (which amount so admitted shall be paid before said affidavit sha be received, and said affidavit shall be received for the balance) with bond and securit for the forthcoming of the property levied upon, if same is personal property; and sai affidavit so presented shall be returned to the justice court or superior court of the count and there tried and the issue determined as in cases of other affidavits of illegality returr able to said court, subject to all the pains and penalties provided for in cases of illegalit or delay. Such affidavits of illegality and the procedures in reference thereto being go^ erned by the rules and laws governing such matters in the courts of the State. ARTICLE VIII. MISCELLANEOUS PROVISIONS Section 8-1. Severability. In the event any Section, subsection, sentence, clause ( phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adji dication shall in no manner affect the other Sections, subsections, sentences, clauses ( phrases of this Act, which shall remain of full force and effect, as if the Section, subsei tion, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was n< originally a part hereof. The General Assembly hereby declares that it would have passe the remaining parts of this charter if it had known that such part or parts hereof woul be declared or adjudged invalid or unconstitutional. Section 8-2. Repeal of Prior Acts. This Act shall constitute the whole charter > the city, repealing all previous charter laws and other Acts of the General Assembly sole relating to the City of Nashville, Georgia, including, but not limited to, the following a: hereby repealed: (a) Georgia Laws 1892, Act No. 26, Page 162, being an Act entitled: "An Act to incorporate the Town of Nashville in Berrien County; and for other pu poses." (b) Georgia Laws 1901, Act No. 99, Page 374, being an Act entitled: "An Act to establish a new charter for the Town of Nashville in the County Berrien, State of Georgia; to grant certain privileges to said town; to repeal all Acts conflict; to define the limits of the same; to provide for the elections of officers; to pr scribe their duties, rights and powers; and for other purposes." (c) Georgia Laws 1906, Act No. 661, Page 910, being an Act entitled: "An Act to amend the charter of the City of Nashville, providing for the extensi< of the corporate limits of said city, and also providing for amendment or repeal of exis ing laws relating to the extension of the corporate limits of the City of Nashville; ai for other purposes." (d) Georgia Laws 1910, Act No. 538, Page 956, being an Act entitled: WEDNESDAY, FEBRUARY 22, 1978 1591 "An Act to amend the charter of the City of Nashville, in the County of Berrien, and for other purposes. An Act to amend the charter of the City of Nashville to provide that all valid contracts heretofore entered into by the City of Nashville, or by its authorized officials, shall be good and valid for or against the City of Nashville; to provide that all bylaws and ordinances heretofore passed, not in conflict with this charter shall be binding and enforceable; to define its corporate limits; to provide a government for said city and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation, and also its public schools and waterworks system, and the regulations and ordinances in force in said city; to provide for a mayor and board of aldermen and other officers for the City of Nashville and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define the police powers of said city; to provide for the condemnation of private, public or semipublic property for the use of said city, and a method of arriving at the value of such property and compensating the owner thereof; to authorize the City of Nashville to establish a public school system, a system of waterworks and a system of electric lights, to authorize said city to issue bonds and other evidences of debt for public purposes; to provide for taxation and the granting of licenses to all kinds of businesses, trades, callings or professions; and to provide for other matters of municipal regulation, concern and welfare; and for other purposes." (e) Georgia Laws 1915, Act No. 237, Page 759, being an Act entitled: "An Act to amend the Act incorporating the City of Nashville, in the County of Berrien, State of Georgia, approved December 17, 1900, and the Acts amendatory thereof, so as to extend the corporate limits of said City of Nashville a distance of one mile in every direction from the present courthouse site in the center of the public square in said city; and for other purposes." (f) Georgia Laws 1915, Act No. 255, Page 749, being an Act entitled: "An Act to amend an Act incorporating the City of Nashville in Berrien County, Georgia, so as to create within the territorial limits of said City of Nashville, Georgia, a special school district in and for said city to be known as the City of Nashville School District; to provide for the election of certain officers therefor; to grant power and authority to such officers; to provide for the levying of taxes upon the property within the limits of said City of Nashville for the maintenance of said school; to provide plans and means whereby the proportionate part of the funds to which the children within the limits of said city shall be received from the State school commissioner and how the children to attend said school living without the limits of said City of Nashville shall have their proportionate part of the funds to which they shall be entitled from the State, pro rata, paid over by the county school superintendent to school herein to be created; and for other purposes." (g) Georgia Laws 1919, Act No. 127, Page 1150, being an Act entitled: "An Act to amend an Act entitled an Act to amend the Act incorporating the City of Nashville, in Berrien County, providing for the creation of a system of municipal schools in and for said city, approved August 16, 1915, such amending Act to provide for the levying of a tax for the maintenance of such schools in a sum not exceeding three-fourths of one per centum of the property within the limits of said city, such tax not to be part of any other levy made by the tax levying authorities of said City of Nashville, nor shall the moneys raised by such tax levied for school purposes under the Act so amended be used for any other purpose than for the support and maintenance of the public schools of said city; and for other purposes." (h) Georgia Laws 1925, Act No. 25, Page 1301, being an Act entitled: "An Act to repeal Sections XLVI to LXIII both inclusive of an Act entitled an Act to amend an Act incorporating the City of Nashville, Berrien County, Georgia, so as to create within the territorial limits of the said City of Nashville, Georgia, a special school district in and for said city to be known as the City of Nashville School District, approved August 16, 1915, as shown in Georgia Laws of 1915 from pages 749 to 759 both inclusive." 1592 JOURNAL OF THE HOUSE, (i) Georgia Laws 1926, Act No. 25 (second session), Page 160, being an Act entitled: "An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, 1910, so as to authorize and empower the City of Nashville, by its mayor and council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent, yearly for ten (10) years; to provide for the issuance of bonds as the City of Nashville by its mayor and council, to be known as 'street improvement bonds,' and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid; and for other purposes." (j) Georgia Laws 1927, Act No. 112, Page 1426, being an Act entitled: "An Act to amend an Act incorporating the City of Nashville, Berrien County, Georgia, so as to change the time of electing a mayor and council; and for other purposes." (k) Georgia Laws 1938, Act No. 309, Page 1224, being an Act entitled: "An Act to amend the charter of the City of Nashville, in the County of Berrien, approved August 15, 1910, so that when amended, the salary of the mayor of said city shall not exceed the sum of three hundred dollars ($300.00) and shall not be less than one hundred dollars ($100.00) and the salary of each alderman shall not exceed one hundred dollars ($100.00) and shall not be less than fifty dollars ($50.00); and for other purposes." (1) Georgia Laws 1945, Act No. 47, Page 559, being an Act entitled: "An Act to amend an Act granting to the City of Nashville, Georgia, a charter approved August 15, 1910, Georgia Laws 1910, Page 956 et seq., and all amendatory Acts thereof, to grant to the governing authorities of the City of Nashville authority to pass zoning and planning laws whereby the City of Nashville may be zoned or districted for various uses, and other different uses prohibited therein, and regulate the use for which said zones or districts may be set apart, and regulate the plans for development and improvement of real estate; and for other purposes." (m) Georgia Laws 1960, Act No. 923, Page 3301, being an Act entitled: "An Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), an Act approved August 16, 1915 (Ga. Laws 1915, p. 749), and an Act approved August 3, 1927 (Ga. Laws 1927, p. 1426), so as to change the time of electing a mayor and aldermen; to change the term of office of the mayor; to fix the qualifications of the mayor and aldermen and to pro- vide the fee and manner of qualifying as candidates; to provide salaries of the mayor and aldermen; to fix qualifications of voters in city elections; to provide for permanent registration of voters; to provide for closing of registration books; to fix the hours of voting; to provide for the appointment of election managers; to provide for the qualifications of voters; to repeal conflicting laws; and for other purposes." (n) Georgia Laws 1968, Act No. 1253, Page 3754, being an Act entitled: "An Act to amend an Act creating a new charter for the City of Nashville, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes." (o) Georgia Laws 1972, Act No. 1008, Page 2557, being an Act entitled: "An Act to amend an Act establishing a new charter for the City of Nashville, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), so as to provide that candidates seeking election as aldermen shall seek election only to designated posts; to provide for the designation of posts; to provide that no person shall be elected mayor or alderman of the City of Nashville in any election unless such person shall have received a majority of the votes cast to fill the office of mayor or alderman; to provide for meetings of the mayor and aldermen; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes." WEDNESDAY, FEBRUARY 22, 1978 1593 (p) Georgia Laws 1973, Act No. 623, Page 3441, being an Act entitled: "An Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), and an Act approved March 23, 1960 (Ga. Laws 1960, p. 3301), so as to change the method of fixing the salary of the mayor and aldermen to create the Municipal Court of the City of Nashville; to provide for a judge for said court; to provide for the time for convening said court; to provide for jurisdiction of said court; to provide for powers of said court; to provide for appeal from said court; to provide for rules for said court; to provide an effective date; to repeal conflicting laws; and for other purposes." Section 8-3. Effective Date. This Act shall become effective on . Section 9-1. From henceforth or upon the enactment of this charter the City of Nashville shall be known as the City of Nashville, the City of Dogwood. Section 10-1. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1702. By: Representatives Deveaux of the 28th, Irvin of the 23rd, and Adams of the 36th: A BILL to amend Code Chapter 34-14, relative to absentee voting, so as to provide that in all counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving and voting absentee ballots; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1875. By: Representatives Mostiler and Carlisle of the 71st, Adams of the 79th, Johnson, Benefield, Wood and Lee of the 72nd, and Jones of the 78th: A BILL to amend an Act creating the Griffin Judicial Circuit so as to change the provisions relating to the supplement to the salary of the Judges and District Attorney of the Griffin Judicial Circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1893. By: Representatives Mann, Milford, and Clark of the 13th: A BILL to amend an Act creating a Small Claims Court for Elbert County so as to change the 1594 JOURNAL OF THE HOUSE, provisions relating to cost of service; to change the provisions relating to costs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1895. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to change the compensation of coroners in all counties of this State having a population of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1897. By: Representatives Kemp of the 139th, and Rush of the 121st: A BILL to amend an Act establishing the Board of Commissioners of Long County so as to authorize the board of commissioners to fix the compensation of the clerk of the board within a certain salary range; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1898. By: Representatives Kemp of the 139th, and Rush of the 121st: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County so as to provide that the tax commissioner shall receive additional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1899. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Judge of the Probate Court of Long County on an annual salary so as to authorize the board of commissioners to fix the salary of the clerk of the judge of the probate court within a certain salary range; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, FEBRUARY 22, 1978 1595 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1900. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the compensation of deputy sheriffs within a certain salary range; to change the number of deputy sheriffs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1901. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Clerk of the Superior Court of Long County on an annual salary so as to authorize the board of commissioners to fix the salary of the deputy clerk of the superior court within a certain salary range; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1902. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act creating the State Court of Long County so as to authorize the board of commissioners to fix the compensation of the solicitor of said court within a certain salary range; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1903. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the salary of the clerk of the sheriff within a certain salary range; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1912. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act creating the State Court of Sumter County so as to change 1596 JOURNAL OF THE HOUSE, the compensation of the judge and solicitor of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1915. By: Representatives Harris of the 60th, Wall of the 61st, and Phillips of the 59th: A BILL to amend an Act incorporating the City of Suwanee so as to change the office of the city clerk from an elective to an appointive office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1921. By: Representative Murphy of the 18th: A BILL to amend an Act creating the office of County Commissioner of Haralson County so as to change the compensation of the County Commissioner of Haralson County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1938. By: Representatives Veazey, and Patten of the 146th: A BILL to amend an Act providing and establishing a new charter for the Town of Alapaha so as to change the corporate limits of that town; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1939. By: Representatives Veazey, and Patten of the 146th: A BILL to provide that Tift County, by action of the Board of Commissioners, shall have the power and authority to assess and collect license fees and charges from all persons, firms and corporations maintaining a place of business within the confines of the county, and, for the purpose of assessing license fees and charges, to classify business anct business enterprises; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 22, 1978 1597 HB 1940. By: Representatives Veazey, and Patten of the 146th: A BILL to amend Code Section 92-6201, relating to the time for making tax returns, so as to change the time for making returns in certain counties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1945. By: Representatives Clark of the 55th, Williams of the 54th, Johnston and Tolbert of the 56th, Linder of the 44th, Lenderman of the 53rd, Williamson of the 45th, and others: A BILL to amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties so as to change the times during which beverages may be sold; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1946. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to create the Fayette County Public Facilities Authority and to authorize such authority, to acquire, construct, equip, maintain and operate buildings and the usual and convenient facilities appertaining to such undertakings; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1947. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act creating a Board of Commissioners for Fayette County so as to provide for the reimbursement of the chairman and members of the board of commissioners for expenses incurred in the performance of their duties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1948. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act consolidating the Offices of Tax Receiver and Tax Collector of Fayette County into the Office of Tax Commissioner of Fayette County so as to provide that the tax commissioner shall not collect or pay to the governing authority of Fayette County any commission for the collection of educational taxes but shall pay all educational 1598 JOURNAL OF THE HOUSE, funds, collected without deduction, to the Board of Education of Fayette County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1949. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act creating a Board of Commissioners for Fayette County so as to change the provisions relating to the election of members of the board of commissioners; to change the provisions relating to districts for elections; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1950. By: Representatives Mostiler and Carlisle of the 71st, and Benefield, Wood, Lee and Johnson of the 72nd: A BILL to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to change the qualifications of the judge of said court; to change certain exemptions; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 114. By: Senator Hudson of the 35th: A BILL to amend an Act entitled, "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes," approved Feb. 2, 1945, so as to provide that teachers and employees with thirty (30) years of service may retire upon attaining 55 years of age; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 542. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, approved April 21, 1967, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County; to change the provisions relating to cost of service; to change the provisions relating to fines and punishment; and for other purposes. The following amendment was read and adopted: WEDNESDAY, FEBRUARY 22, 1978 1599 The Committee on State Planning and Community Affairs moves to amend SB 542 as follows: By striking from lines 18 and 19 of page 1 the following: "in all cases at law", and inserting in lieu thereof the following: "in cases ex contractu". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 714-1916. By: Representatives Murray of the 116th, and Castleberry of the lllth: A RESOLUTION Proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Americus to contract with the Authority for the use by the City of Americus or the residents thereof of any facilities or services of the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. Article IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: "DOWNTOWN AMERICUS AUTHORITY. 1. Creation. There is hereby created a body corporate and politic to be known as the Downtown Americus Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. 3. Membership. The Authority shall consist of eleven members appointed by the Mayor and Council of Americus. All members shall be residents and qualified voters of the City of Americus. The original members of the Authority shall be appointed as follows: three for a term of four years; three for a term of three years; three for a term of two years; and two for a term of one year. Thereafter, all members shall be appointed for a term of four years each and until their successors are appointed and qualified. Any member of the Authority may be appointed to succeed himself. All appointments shall 1600 JOURNAL OF THE HOUSE, be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one-year term. The Authority shall also elect a Vice Chairman and Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary and Treasurer. Seven members of the Authority shall constitute a quorum. A majority of the members is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: A. The word 'Authority' shall mean the Downtown Americus Authority herein created. B. The word 'projects' or 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, public building or other public facility, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its streets. C. The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. D. The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions WEDNESDAY, FEBRUARY 22, 1978 1601 of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. E. Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Americus or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: A. To adopt and alter a corporate seal; B. To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Author- ity shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to con- vey for and in behalf of the State title to such lands to the Authority upon payment to the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; D. To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; E. To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or con- tracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Americus is hereby authorized to enter into contracts and related agreements for the use by the City of Americus or the residents thereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; F. To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; G. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such 1602 JOURNAL OF THE HOUSE, terms and conditions as the United States of America or such agency or instrumentality may require; H. To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; I. To purchase, take, receive by gift, will or otherwise, lease, or otherwise own, hold, improve, use and otherwise deal in and with, real and personal property, or any interest therein, wherever situated; J. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; K. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and L. To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. WEDNESDAY, FEBRUARY 22, 1978 1603 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Americus, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, 1604 JOURNAL OF THE HOUSE, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. 19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts WEDNESDAY, FEBRUARY 22, 1978 1605 adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its streets. 27. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations of the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 31. General Assembly. This amendment is self-executing and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate 1606 JOURNAL OF THE HOUSE, the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Americus, Georgia, as the same now or may hereafter exist." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to create the Downtown Americus Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Americus to contract with the Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Y Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. WEDNESDAY, FEBRUARY 22, 1978 1607 Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 715-1916. By: Representatives Childs of the 51st, Noble of the 48th, Clark of the 55th, Tolbert of the 56th, Robinson of the 58th, Williams of the 54th, Linder of the 44th, Johnston of the 56th, Butler of the 56th, Lenderman of the 53rd, and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Effective January 1, 1979, each municipality lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall each constitute a special services tax district for the provision of district services therein by DeKalb County. As used herein, 'district services' means the following governmental services: (1) Police protection. (2) Fire protection. (3) Garbage and solid waste collection and disposal. (4) Street and road construction and maintenance, including curbs, sidewalks, streetlights and devices to control the flow of traffic on streets and roads or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems. (7) Public housing. (8) Urban redevelopment programs. Effective January 1, 1979, and thereafter, the governing authority of DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services tax district only in accordance with the kind, character, type and degree of district services provided by the county within such special services tax district. The provisions of this paragraph are selfexecuting and shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the governing authority of DeKalb County without the necessity of any legislative act of the General Assembly, but the General Assembly shall be authorized by law to further define and implement the provisions of this paragraph to the extent necessary to assure compliance therewith by the governing authority of DeKalb County." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 1608 JOURNAL OF THE HOUSE, The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental services provided therein by said county?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Croeby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Y Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 716-1916. By: Representative Dixon of the 151st: WEDNESDAY, FEBRUARY 22, 1978 1609 A RESOLUTION Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to repeal Resolution Act Number 80, found in Georgia Laws 1977, page 1616, which proposed an amendment to the Constitution increasing jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Provided, however, that in Charlton County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed one thousand five hundred dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have vffitten or printed thereon the following: "( ) YES Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall ( ) NO have jurisdiction?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Section 3. Resolution Act Number 80, found in Georgia Laws 1977, page 1616, proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction, is hereby repealed in its entirety. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefleld, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Can-ell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. 1610 JOURNAL OF THE HOUSE, Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Y Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 515. By: Senator Barnes of the 33rd: A BILL to amend an Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975, so as to authorize the said Council to conduct or approve for credit or reimbursement certain training courses for certain prosecuting attorneys and their staffs; and for other purposes. SB 535. By: Senator Kidd of the 25th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938, so as to authorize the State Revenue Commissioner to renew or reissue revoked or cancelled licenses to any manufacturer, wholesaler, wholesale distributor, retailer, or retail distributor in his discretion; and for other purposes. SB 506. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to provide authorization for solar easements; to provide for a short title; to provide a method of establishing a solar easement; to provide for the contents of a solar easement; to provide for severability; and for other purposes. SB 551. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act relating to the security of certain State buildings and facilities, approved March 18, 1976, so as to authorize members of the State Patrol and Georgia Bureau of Investigations to exercise certain powers and responsibilities; and for other purposes. SB 552. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and WEDNESDAY, FEBRUARY 22, 1978 1611 privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972. and for other purposes. SB 601. By: Senators Kidd of the 25th and Dean of the 6th: A BILL to amend Code Chapter 34-14, relating to absentee voting, so as to provide for the persons who may assist certain absentee electors in preparing an application for an absentee ballot; to prohibit certain persons from assisting any person in preparing an application for an absentee ballot or for voting or preparing an absentee ballot; and for other purposes. SB 605. By: Senators Howard of the 42nd, Coverdell of the 40th, Sutton of the 9th and others: A BILL to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate certain sections of rivers as a part of the Georgia Scenic River System; and for other purposes. SB 603. By: Senators Gillis of the 20th, English of the 21st and Walker of the 19th: A BILL to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for appointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research purposes; to provide for other matters relative to the foregoing; and for other purposes. HB 1227. By: Representative Phillips of the 120th: A BILL to amend an Act to establish a State Board for the Certification of Librarians, approved March 31, 1937, so as to change the composition of the board; to provide for setting certain fees; to provide for other matters relative to the foregoing; to provide an effective date; and for other purposes. HB 1520. By: Representative Ross of the 76th: A BILL to repeal Code Section 32-935, relating to the expenditure of a certain percentage of State revenues for the support and maintenance of the common schools; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. HB 1336. By: Representatives Jackson, Whitmire and Wood of the 9th: A BILL to amend Code Title 34A, relating to municipal elections, so as to provide that the names of unopposed candidates need not appear on the general election ballot; to provide for other matters relative to the foregoing; and for other purposes. HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. 1612 JOURNAL OF THE HOUSE, The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House: HB 1313. By: Representatives Carnes of the 43rd, and Adams of the 36th: A BILL to amend Code Section 67-2001, relating to liens for work done and materials furnished, so as to provide for the rental value of certain items under certain conditions; and for other purposes. HB 1235. By: Representatives Savage of the 25th, Hays of the 1st, Owens of the 77th, Money of the 5th, Truluck of the 86th, and Felton of the 22nd: A BILL to regulate the future installation of grates upon any public roadway by counties and municipalities; to provide the procedures connected therewith; to provide for penalties; and for other purposes. HB 1465. By: Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Scott of the 123rd, Chance of the 129th, and others: A BILL to provide for certain matters relative to coastal zone management; to provide for the creation, composition of the Georgia Coastal Management Board; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House: SR 355. By: Senators Foster of the 50th, Carter of the 14th, and Starr of the 44th: A RESOLUTION commending Mr. Jack Knox Acree; and for other purposes. SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year thereafter; and for other purposes. HR 237-898. By: Representative Walker of the 115th: A RESOLUTION amending Resolution No. 62 (H.R. No. 113-434) of the General Assembly of Georgia, so as to reduce from nine to eight the number of State Properties Commission members whose affirmative vote is required to approve all contracts and contract amendments, sales, leases, exchanges and other dispositions of certain State-owned real property, or any lease thereof, or any interest or estate therein, or any portion of said State-owned real property; and for other purposes. HR 530-1520. By: Representatives Pinkston of the 100th, Birdsong of the 103rd, Davis of the 99th, Lucas of the 102nd, and Home of the 104th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing authority of the City of Macon to grant to each person who is 65 years of age or over an exemption from all ad valorem taxes levied by the City of Macon in an amount not to exceed $2,000 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, from all sources, does not exceed $4,000 for the immediately preceding taxable year for income tax purposes; and for other purposes. HR 545-1545. By: Representative Dover of the llth: A RESOLUTION proposing an amendment to the Constitution so as to provide that residents of the City of WEDNESDAY, FEBRUARY 22, 1978 1613 Clarkesville who are 65 years of age or older shall be granted an exemption of not more than $10,000 as fixed by the mayor and council from time to time on their homestead from all ad valorem taxation; and for other purposes. HR 549-1580. By: Representatives Jones of the 126th, Triplett of the 128th, Scott of the 123rd, Chance of the 129th, Taggart of the 125th, Battle of the 124th, Gignilliat of the 122nd, and Hill of the 127th: A RESOLUTION proposing an amendment to the Constitution so as to exempt the independent school system of Chatham County and the City of Savannah from the Paragraph of the Constitution providing that the Constitution shall not affect school systems established prior to the adoption of the Constitution of 1877 and to provide that such school system shall be deemed to be a county school system within the meaning of the Constitution and general laws of this State; and for other purposes. HR 648. By: Representatives Nessmith of the 82nd, Lane of the 81st, Matthews of the 145th, Clifton of the 107th, Collins of the 144th and others: A RESOLUTION requesting the Congress of the United States to take certain actions respecting the 1977 Farm Act; and for other purposes. HR 700. By: Representatives Harris of the 8th, Collins of the 144th, Lee of the 72nd, Ware of the 68th and Jones of the 126th: A RESOLUTION requesting the House Agriculture and Consumer Affairs Committee and the Senate Agriculture Committee to prepare certain legislation; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House: HB 546. By: Representatives Carlisle and Mostiler of the 71st, Nichols of the 27th, Horton of the 43rd, Glanton of the 66th, McDonald of the 12th, Marcus of the 26th, Knight of the 67th, and others: A BILL to provide that no building shall be constructed within this State after a certain date which employs water closets or shower heads which exceed a certain rate in the use of water; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: HB 1248. By: Representatives Scott of the 123rd, Milford of the 13th, and Childers of the 15th: A BILL to amend Article III of Code Title 68B, relating to cancellation, suspension, and revocation of drivers' licenses, as amended, so as to change certain time limitations; to change the provisions relating to the suspension of drivers' licenses; to change the provisions relating to habitual violators; to change the provisions relating to limited drivers' permits; to change the provisions relating to periods of suspension; and for other purposes. SB 455. By: Senators Turner of the 8th and Timmons of the llth: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943, so as to authorize additional persons to establish certain credit toward retirement; and for other purposes. SB 534. By: Senator Doss of the 52nd: A BILL to amend Code Title 49, relating to guardian and ward, so as to provide for the appointment of testamentary guardians by the surviving parent of minor or mentally ill or mentally retarded children; to provide for bond; and for other purposes. 1614 JOURNAL OF THE HOUSE, The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 455. By: Senators Turner of the 8th and Timmons of the llth: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943, so as to authorize additional persons to establish certain credit toward retirement; and for other purposes. Referred to the Committee on Retirement. SB 506. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to provide authorization for solar easements; to provide for a short title; to provide a method of establishing a solar easement; to provide for the contents of a solar easement; to provide for severability; and for other purposes. Referred to the Committee on Industry. SB 515. By: Senator Barnes of the 33rd: A BILL to amend an Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975, so as to authorize the said Council to conduct or approve for credit or reimbursement certain training courses for certain prosecuting attorneys and their staffs; and for other purposes. Referred to the Committee on Judiciary. SB 534. By: Senator Doss of the 52nd: A BILL to amend Code Title 49, relating to guardian and ward, so as to provide for the appointment of testamentary guardians by the surviving parent of minor or mentally ill or mentally retarded children; to provide for bond; and for other purposes. Referred to the Committee on Judiciary. SB 535. By: Senator Kidd of the 25th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938, so as to authorize the State Revenue Commissioner to renew or reissue revoked or cancelled licenses to any manufacturer, wholesaler, wholesale distributor, retailer, or retail distributor in his discretion; and for other purposes. Referred to the Committee on Temperance. SB 551. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act relating to the security of certain State buildings and facilities, approved March 18, 1976, so as to authorize members of the State Patrol and Georgia Bureau of Investigations to exercise certain powers and responsibilities; and for other purposes. Referred to the Committee on State Institutions & Property. WEDNESDAY, FEBRUARY 22, 1978 1615 SB 552. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972. and for other purposes. Referred to the Committee on State of Republic. SB 601. By: Senators Kidd of the 25th and Dean of the 6th: A BILL to amend Code Chapter 34-14, relating to absentee voting, so as to provide for the persons who may assist certain absentee electors in preparing an application for an absentee ballot; to prohibit certain persons from assisting any person in preparing an application for an absentee ballot or for voting or preparing an absentee ballot; and for other purposes. Referred to the Committee on State of Republic. SB 603. By: Senators Gillis of the 20th, English of the 21st and Walker of the 19th: A BILL to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for appointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research purposes; to provide for other matters relative to the foregoing; and for other purposes. Referred to the Committee on Natural Resources. SB 605. By: Senators Howard of the 42nd, Coverdell of the 40th, Sutton of the 9th and others: A BILL to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate certain sections of rivers as a part of the Georgia Scenic River System; and for other purposes. Referred to the Committee on Natural Resources. SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year thereafter; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. By unanimous consent, the following Bills of the Senate were withdrawn from the General Calendar and recommitted to the Committee on Insurance: SB 513. By: Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others: A BILL to amend Code Chapter 56-3, relating to authorization of insur- 1616 JOURNAL OF THE HOUSE, ers and general requirements for doing business in this State, so as to require certain insurers and self-insurers providing product liability insurance to make certain annual reports concerning product liability insurance experience; and for other purposes. SB 514. By: Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others: A BILL to amend Code Section 56-622, relating to record of surplus line brokers, so as to require that a copy of the record be furnished annually to the Insurance Commissioner; and for other purposes. The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HR 512-1458. By: Representatives Pinkston of the 100th, Lee of the 72nd, Davis of the 99th, Home of the 104th, and Birdsong of the 103rd: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 512-1458 by striking on page 1, lines 25 and 26, and on page 3, lines 1 and 2, the following: ", as a result of service in the armed forces,". Representative Hays of the 1st moved that the House agree to the Senate amendment to HR 512-1458. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Cames, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. WEDNESDAY, FEBRUARY 22, 1978 1617 Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 153, nays 0. The motion prevailed. HB 1240. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act creating the Council on Maternal and Infant Health so as to change the membership of said Council; to clarify existing laws; and for other purposes. The following Senate substitute was read: A BILL To amend an Act creating the Council on Maternal and Infant Health, approved March 31, 1972 (Ga. Laws 1972, p. 635), as amended, particularly by an Act approved March 18, 1974 (Ga. Laws 1974, p. 269), so as to change the membership of said Council; to clarify existing laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Council on Maternal and Infant Health, approved March 31, 1972 (Ga. Laws 1972, p. 635), as amended, particularly by an Act approved March 18, 1974 (Ga. Laws 1974, p. 269), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: "Section 1. There is hereby created the Council on Maternal and Infant Health which shall be composed of 15 persons appointed by the Governor, and confirmed by the Senate for terms of 4 years each and until their successors are appointed and qualified. The appointees shall be composed of a cross section of professional and institutional personnel with representatives of the general public, and shall include an equal number of obstetricians, pediatricians, and family practitioners. It shall also include at least one nurse, one hospital administrator, one public health physician, and one educator. The Council shall elect its own Chairman and other officers as deemed necessary and it shall devise rules and procedures. It shall meet upon call of its Chairman, the Board of Human Resources or the Commissioner of the Department of Human Resources." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Rowland of the 119th moved that the House agree to the Senate substitute to HB 1240. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Colling, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Croeby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Ganunage, L. Y GigniUiat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. 1618 JOURNAL OF THE HOUSE, Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, WJ.(Bill) Lendernun, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y MUford, B. Y Money, J. Y Montiler, J.L. Y MuUinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, P.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. On the motion, the ayes were 141, nays 2. The motion prevailed. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Y Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y WsJker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1313. By: Representatives Carnes of the 43rd, and Adams of the 36th: A BILL to amend Code Section 67-2001, relating to liens for work done and materials furnished, so as to provide for the rental value of certain items under certain conditions; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1313 by striking on page 1, line 17, the words, "provided that, in addition to"; and By striking on page 1, lines 18 through 22 in their entirety; and By striking on page 1, line 23, the words, "real estate shall exceed $50,000.00;". Representative Carnes of the 43rd moved that the House agree to the Senate amendment to HB 1313. On the motion, the ayes were 97, nays 0. The motion prevailed. HB 546. By: Representatives Carlisle and Mostiler of the 71st, Nichols of the 27th, Horton of the 43rd, Glanton of the 66th, McDonald of the 12th, Marcus of the 26th, Knight of the 67th, and others: A BILL to provide that no building shall be constructed within this State after a certain date which employs water closets or shower heads which exceed a certain rate in the use of water; and for other purposes. The following Senate substitute was read: A BILL To provide that after July 1, 1980, the construction of any building of any type shall not be initiated within this State which utilizes certain plumbing facilities which exceed WEDNESDAY, FEBRUARY 22, 1978 1619 a certain rate of water use; to provide that such requirements shall be applicable to construction involving the repair or renovation of or addition to buildings; to provide for certain ordinances of counties and municipalities and for certain exemptions in connection therewith; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) After July 1, 1980, the construction of any building of any type shall not be initiated within this State which: (1) Employs a tank-type water closet that uses more than an average of 3.5 gallons of water per flush; or (2) Employs a shower head or faucet that allows a flow of more than an average of 3.5 gallons of water per minute at sixty pounds per square inch of pressure. (b) The requirements of subsection (a) of this Section shall apply to any construction initiated after July 1, 1980, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of water closets or showers or both. As used herein, the word "construction" means the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building, but such word does not mean and shall not include the mere replacement of a malfunctioning, unserviceable, or obsolete faucet, shower head or water closet in an existing building. (c) Counties and municipalities are hereby authorized and directed to provide by ordinance for an exemption to the requirements of subsection (b) of this Section, relative to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing water closets, faucets, or shower heads within such existing building; or (2) When such plumbing or sewage system within such existing building, because of its capacity, design or installation, would not function properly if the water closets, faucets, or shower heads required by this Act were installed; or (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed shall be: (A) Specifically designed for use by the handicapped; or (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Are wall hung tank type closets; or (D) Are one piece, low profile closets; or (E) Are closets for juveniles. (d) The ordinances adopted by counties and municipalities pursuant to subsection (c) of this Section shall provide procedures and requirements to apply for the exemption authorized by said subsection. (e) The provisions of this Section shall not apply to any construction for which the contract was entered into prior to July 1, 1980. Section 2. Any person who installs any water closet, faucet, or shower head, after July 1, 1980, in violation of Section 1 of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Carlisle of the 71st moved that the House agree to the Senate substitute to HB 546. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. N Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. 1620 JOURNAL OF THE HOUSE, N Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. N Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. EUiott, E.H. Y Evans, W.D. Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Hanner, B. N Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Lord, J. N Lucas, D.E. N Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. N Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. N Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 112, nays 26. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1805. By: Representative Hatcher of the 131st: A BILL to amend Code Section 113-904, relating to inheritance by illegitimate persons, so as to provide that an illegitimate person may inherit from his or her father; to provide a mechanism for determining who shall be deemed the father of an illegitimate person; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for editorial revision; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 56-407A, relating to uninsured motorist coverage, as amended, so as to change the maximum amounts of such coverage which may be obtained from an WEDNESDAY, FEBRUARY 22, 1978 1621 insurer; to change certain procedures; to provide for editorial revision; to provide for other matters relative to the foregoing; to provide for application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 56-407A, relating to uninsured motorist coverage, as amended, is hereby amended by striking subsection (a) thereof in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a)r (1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which shall, at the option of the insured, shall be ne: (A) Not less than <& tea thousand dollars $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, twenty thousand dollaro $20,000 because of bodily injury to or death of two or more persons in any one accident, and five thousand dollars $5,000 because of injury to or destruction of property of the insured; or. {} net less than twenty five thouaand dollars because e bodily injury to &r- death one accident, and te thouaand dollars because ef- injury te er destruction ef property ef- the insured, provided that the (B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which are contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured. (2) The coverage for injury to or destruction of property of the insured as provided in paragraph (1) may provide an exclusion of not more than the first twe hundred fifty dollars $250 of such loss or damage to any insured in any one accident. Provided, (3) The coverage required under this subsection paragraph (1) shall not be applica- providcd further that, unless the named insured requests such coverage in writingr auch or on the application for the policy. Such coverage need not be provided in or supplemental to a renewal policy where issued to him by the same insurer unless the named insured had rejected requests the coverage in connection with a policy previously issued te him by the same insurer writing or on an application for renewal. (4) The application for discharge in bankruptcy by an uninsured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motorist as defined in this law shall not affect the legal liability of an uninsured motorist as such term 'legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being discharged in bankruptcy, 1622 JOURNAL OF THE HOUSE, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and such uninsured motorist may plead his discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to such insured person." Section 2. The provisions of this Act shall apply with respect to motor vehicle liability insurance policies issued or delivered in this State on or after January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Hatcher of the 131st moves to amend the Committee substitute to HB 1386 by striking on lines 1 and 9 the following: "56-407A"; and by inserting in lieu thereof "56-407.1". By unanimous consent, the Clerk was directed to edit the preceding amendment. The following amendment was read: Representative Hatcher of the 131st moves to amend the Committee substitute to HB 1386 by striking everything on line 34, page 2 and everything on lines 1 through 11 on page 3 and by inserting in lieu thereof the following: "The coverage required under paragraph 1 shall not be applicable where any insured named in the policy shall reject the coverage in writing. However, unless the named insured requests such coverage in writing such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. Y Balkcom, R. N Bargeron. E. Y Battle, Joe Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. CarreU, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Don, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. N Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Parham, B.E. Y Patten, G.C. N Patten, R.L. N Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Richardson, E. N Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. WEDNESDAY, FEBRUARY 22, 1978 1623 Y Sizemore, E. Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. N Watson, RH.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mi. Speaker On the adoption of the amendment, the ayes were 124, nays 10. The amendment was adopted. Representative Auten of the 154th moved that HB 1386 be recommitted. The motion was ruled out of order. Representative Auten of the 154th moved that HB 1386 be tabled. On the motion, the roll call was ordered and the vote was as follows: Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe Baugh, W.E. Beck, J.M. N Beckham, B. Y Benefield, J. Birdsong, K. N Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. N Burrugs, A.L. N Burton, J. N Butler, D. Canty, H. Carlisle, J. N Carnes, C. Carrell, B. Canon, G. Castleberry, D. Y Chance, G. N Childers, E.M. N Childs, P. Clark, Betty Y Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. N Culpepper, B. Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. N Deveaux, C. N Dixon, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. N Manner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. N Houaley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. Y Johnson, W.Rud. N Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. Lee, W.J.(Bill) Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. N Lucas, D.E. Mann, C.C. N Marcus, S.J. N Matthews, D.R N McCollum, H. N McDonald, L. McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Netamith, P.E. N Nichols, M. N Nil, K. Noble, Bill N Oldham, L. N Owens, R.D. Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. N Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. N Walker, L. N Wall, V. Ware, J.C. N Watkins, L. Y Watson, RH.,Jr. N Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 22, nays 112. The motion was lost. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: 1624 JOURNAL OF THE HOUSE, Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y RandaU, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Auten of the 154th gave notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1386, by substitute, as amended. HB 1447. By: Representatives Savage of the 25th, Lambert of the 112th, Parham of the 109th, Foster of the 152nd, Lane of the 40th, Owens of the 77th, and Hays of the 1st: A BILL to create a State Commission on Physical Fitness; to define certain terms; to provide for composition of the Commission and the filling of vacancies; to provide for organization; to provide purpose; to specify powers and duties; to provide for meetings; to specify a quorum; to authorize the acceptance of gifts and grants; and for other purposes. The following amendment was read and adopted: Representative Lambert of the 112th moves to amend HB 1447 by striking on lines 20 and 21, page 1 after the word "The", "Secretary of State" and substituting therefor the words "Department of Human Resources". And by striking Section 6 in its entirety and renumbering each Section thereafter. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 96, nays 3. WEDNESDAY, FEBRUARY 22, 1978 1625 The Bill, having received the requisite constitutional majority, was passed. Representative Wall of the 61st requested that he be shown as voting "nay" on HB 1447. HB 1643. By: Representatives Walker of the 115th, Snow of the 1st, Evans of the 84th, Butler of the 56th, Carnes of the 43rd, Karrh of the 106th, and Culpepper of the 98th: A BILL to amend Code Chapter 26-13, relating to bodily injury and other offenses, so as to make verbal abuse of jurors, witnesses, court officials, or parties to a suit, during or after a trial, a misdemeanor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, B. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Y Colweil, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1815. By: Representative Adams of the 36th: A BILL to amend Code Chapter 84-40, relating to landscape architects, so as to enlarge the exemptions to include city, regional, or urban planners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 2. 1626 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1725. By: Representative Ham of the 80th: A BILL to amend an Act relating to cash appearance bonds in traffic cases so as to provide who shall deliver receipts for bonds; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Carries, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nii, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1873. By: Representatives Money of the 5th, Hays and Snow of the 1st, Collins of the 144th, and Murphy of the 18th: A BILL to impose a State excise tax on the severance of coal products; and for other purposes. The following substitute, offered by Representatives Money of the 5th and Collins of the 144th, was read and adopted: A BILL To impose a State excise tax on the severance of coal products; to provide for definitions; to provide for the rate of the State tax; to provide for liens; to provide for proceeds of the State tax; to provide for a county excise tax on the severance of coal products; to limit the rate of the county severance tax; to provide for the administration and collection of the county severance tax; to provide for distribution of proceeds of the county severance WEDNESDAY, FEBRUARY 22, 1978 1627 tax; to provide for returns; to provide for payment of taxes and time therefor; to provide for assessments by the Commissioner in cases of failure of producers to make returns; to provide for powers of the Commissioner; to provide for penalties; to authorize rules and regulations by the Commissioner; to provide for fines; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Definitions. As used in this Act, unless the context requires otherwise: (a) The term "coal products" shall mean coal ore and any other substance that might be severed from the earth by the process of producing saleable coal, by whatever method of severance used. (b) The term "Commissioner" shall mean the Commissioner of Revenue of the Department of Revenue of the State of Georgia or his delegate. (c) The term "Department of Revenue" shall mean the Department of Revenue of the State of Georgia. (d) The terms "for sale or for industry purposes" and "for the purpose of selling or for industrial use" shall mean the entry of any coal product into the stream of intrastate or interstate commerce or any commercial exploitation of such coal product. (e) The term "governmental agency" shall include any federal, State or local department, bureau, agency or governing authority. (f) The term "person" shall mean any individual, firm, partnership, joint venture, business trust, corporation, association or any combination thereof. (g) The term "producer" shall mean any person engaging in the business of severing coal from the earth within this State. (h) The term "production", for measuring coal products, shall mean the total gross amount severed from the earth of this State from any type of production unit, including but not limited to mines (either on or below the surface), quarries, pits, or other sites of extraction. (i) The terms "sever", "severed" and "severance" shall mean the cutting, mining, stripping or otherwise physical taking or removing of coal products from the earth within this State. (j) The term "ton" shall mean a short ton of 2,000 pounds. The number of tons shall be determined at the first point at which the coal is weighed, under such rules and regulations as the Commissioner may prescribe. Section 2. State Coal Severance Tax. There is hereby imposed, in addition to all of the taxes required by law, a State excise tax on the privilege of engaging in the severance of coal products from the earth of this State for sale or for industrial purposes. This excise tax shall be known as the state coal severance tax, which shall be imposed upon the producer and shall be paid to the State of Georgia. Section 3. Rate of Tax. The measure of the tax shall be fifteen cents (15;'.' ..:-.:-,:'" ."./.;<'../- - ., ,->,::,-,- ; ' -.-..; -. ;/ . . '."'(' ") .YES (" ) NO Shall the Cohstitutibn be amended, so as to provide: requirements relative to setting :the ad valoremtax [mjllage rates .for educational and county government purposes by th,e Board of .Education and Board of ^Commis sioners of TJeKalb County?" All persons desiring to'vote in favor of ratifying the proposed amendment shall vote -"'"YNeOs"";. A"l"l pers':ons"de-s^irin'g t-o' vote ag: a';:i';n.:sit';'ir:a'^ti.f,y:ivnig..'t"h'e'J^p'r'o.;pos'ed"''a^m'':e.n.d'.m.e'yn;'t;'..sTh:a' :l"l:vt,o. te If such amendment shall be ratified as provided in said Paragraph of the Coristituiioh, ;it shall become apart of the Constitution of this .State. ;.,.' ": The report of the Committee, .which was favorable ,to the adoptipn of the .Resolution, was,agreed to. ~.-.;., ..;.,..,... ". .;, . ,' .-,-,...... .!.., .-,,.; >-. ,.:.,'.: .!!;;:;;/. lows:On 't"h"e'~ad, o''p"t'ibnof the' '-rt' e-so-1l';tit'id' n,' th' e r"o.l'l'.c"all'.w'.'a.s.''o"F''defed'.a' nd: ."th'e"'.W'"'t.e'.''M'',s &t fol Y Adaiwj,G, : Y Adams, Maryin ' Y AArrigdoe,rBsb..h,'W'>." {Y Auten, D. YBalkpom,R. V Bargeron, E. V Battte, Joe; .'! Y Baugh, W.E; YBeck.J.M. VBectham, B. Y-BenefieldjJ.; Y Birdsong, K. , Bishop, S. Y^Bbhter, P.> . " Y;Bray,.A.; , YBucl.T.p. Y Burruss, A.L.; Y Burton, J. : r , X Butler, D. Y Canty,'H. ' YCarB8le,J.- ' : Y Carnes, C. Carrell, B. Y'Casbn.G. ; Castleberty, D. Qhance, G, , Y Cliildera, E.M. Y Child*, P. Y Clark, Betty V Clark, :L. .: Y Clifton, A,D. YY.'CCbaflfeinhisa,iiM, T.:. ' ,;,Col*ell, C,H. . Connell, J. !Y Cooper, B. YCox, W.& : : ,Y Gro&by, T.; Y Culpiepper, B. Y 'Daniel, G/' : Daugherty, J-C. Y Davis, B. Deail.D.C. ,.. V Deve,mut, C, YDiidn.H.D. Y Dover, Bill Y;Edwards, W. Elliott, E.H. - YEFvelatioihs.,'WD..p'...' , ,Y Foster, P;W. Y Poster, R.L. ' YGaler,; M: ' Y Gammage, L. Y G,ignjlliat, A. ' Y Glahton, Tom -Glover, Mi YGreene, J. =Greer,aW, ; .i Y Kemp, R: ; YOldhain, L. YHam, B. ,,....'.-,.. Y Keytops J.W.. , . Y Owens, R.D. ., Hamilton; G.' Y Kilgore', T.M: Y Pajham, B.E. ' YHahrie>,B. Y Knight, N.G. Patten, G.^- Y Harris, B.B.>Sr. ...>Y Lambert, Roy . ,, Y Patten, R.Li j. '. Harris, J!F. Y Lane, Dick " Y Peters, R.G. Y Harrison, C, ' = : YLahe;W.Jl '- Y Philiips, Lit. YHatcherre.F. ; -Y Lee, WJ.iBillj : y Phillips, R:T. Y Hawkins, J. . Lenderman, M. . Phillips, W.R. Y'Hays, F.,JrV YLinder, J. ' YPilewiczVG. YHiU,B.L: ' ' iYLogaa, H. ':. ' Pinkstori; F:C. . Holmes,1 Bob' ' ; YLpnj,W.K. . y Hafi,ey;,.H: . YHorne.F. , . Looper, M. , Y Ralstop, E. . Horton, G.T. YLbrd.'J. 'YRamseyVT: ; ' Y Housley, E; . : YLucto, DM. Raiidall, W.O. : Y Hudson, Ted : Y,Mann,.C.C. . ... .,Y,.Reayes,;H.:L,, Y Hu'tchinsdh, R!.S. Y Marcus, S.J. ' Richardson, E. Y:Irvih, 'il Y Matthews, D:R. '? Y Robirisbn, C. ' Ylrvin.R: -..f- Y McCottum, H, Y Rosa, Ben B. . Yl8ak8on,J, - . ... Y McDonald, L- Y Rowland, J.R. Y Jackson, J.D. ' McKinney, J.E. Y Rush, Dewey Y JBssup, Ben Y MiBord, B. : ' Y Russell, J. ' y Jphnsoo, G. ,; .Y.Money, J. . ; ':.-. Y SavagCi'J. Johnson, P. Y Johrisori, W.Eud. ' Y Mostiler, J.L. Y Mulllnax, E:G. - ',Y- SSccootttt,, DA.. : '- v Johnstfln, J. Y Murray, B. :- Y Sizemore, Ei .' Y Jones, B. Y Nessmith,.P.E. Y Smith, V.B. Y Jones, Herb YNich'ols,.M. YSmyre, C. ' . YKaley.M: ; YNix.'Kl' : ' Y Snow,. Wayhe.Jr. YiKarrhiR. Y Noble, Bill , .Stemberg,C, 1688 Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. JOURNAL OF THE HOUSE, Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Walking, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J M Y Wood, J. Y Wood, J.T Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 727-1960. By: Representative Vaughn of the 57th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Downtown Conyers Devqjopment Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph: "The General Assembly shall be authorized by law: (a) to provide for the creation of the Downtown Conyers Development Authority, a public body corporate and politic and a political subdivision of the State of Georgia, for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers; (b) to provide that said Authority shall have the powers, among others, (i) to define and redefine the geograph ical boundaries of said downtown area, (ii) to acquire, construct, equip, improve, alter, remodel, renovate, own, repair, maintain, lease, sell and dispose of properties within said downtown area, (iii) to execute, deliver and perform leases and other contracts with the City of Conyers and other public and private persons in furtherance of the purpose of redeveloping said downtown area, (iv) to execute, deliver and perform trust indentures and deeds to secure debt and to otherwise secure payment of its obligations, (v) to employ engineers and planners, (vi) to prepare a master plan for the redevelopment of said downtown area, (vii) to issue, sell and validate revenue bonds and to pledge its rents, revenues and receipts to the payment of the principal of and interest on said revenue bonds, and (viii) to have and exercise the right and power of eminent domain in carrying out its public purpose; (c) to grant to and confer upon said Authority all or any of the powers, privileges, duties and/or immunities now or hereafter granted to and conferred upon municipalities by the Urban Redevelopment Law (Ga. Laws 1955, p. 354, et seq.) and all acts amendatory thereof; and (d) to empower the governing body of the City of Conyers to create a special urban redevelopment tax district (or districts) within said downtown area of the City of Conyers and to levy and collect taxes within said dis trict (or districts) based on taxable values of tangible real and personal property located within said district (or districts) established with reference to the then current tax digest of the City of Conyers, the proceeds of which taxes may be paid over to said Authority pursuant to the terms of leases or other contracts entered into between said Authority and the City of Conyers, acting in and for said tax district (or districts). The General Assembly shall provide for all matters relating to the membership composition of the Authority, terms of office and related matters, and may grant to and confer upon said Authority and the City of Conyers such additional powers, privileges, duties and/or immunities as it shall deem needful in order that the redevelopment of said downtown area might be carried out in an expeditious and thorough manner." THURSDAY, FEBRUARY 23, 1978 1689 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers, and to provide for the powers, privileges, duties and immunities of said Authority and of the City of Conyers in relation to said Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GigniUiat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 732-1980. By: Representative Vaughn of the 57th: 1690 JOURNALi OF THE HOU&E, '-''' '.. ..;"; -'.'"; ;';; : the "powers, authorities and duties of said Authority; to authorize said Authority to issue itsirevemue bonds, and to provide for the method and manner of such issuance and for validation thereof; to author ize said Authority to cohtr'act witli the City'of Conyferskrid witn'tne State'of Georgia and any departments, institutions, 'agencies, municipalities, counties or political subdivisions of the State of Georgia, public cftr^brations and others; to authorize the City of Conyers to ' contract with .said Authority'for" the use by said City or: the residents thereof of any facili ties or services of said Authority; !to authoriz the establishmefit 'of such rules and regula tions and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide (for Submission of this amendment for ratification or rejection; to repeal; conflict ing laws and constitutionalprovisions; ;and for other purposes.; , ; > , BE IT RESQLVED BY TIBE,GENERAL ASSEMBLY.OF GEORGIA^ ,; .. Section 1. Article IX, Section' IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: : "Section 1. City of Conyers Public Facilities Authority. There is hereby created a public body corporate and politic to be known as the City of Conyers Public Facilities Authority, which shall be ;deemed to be a political, subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued (except as limited hereinafter), implead and be impleaded, complain and defend in all courts of law and equity. The Authority is hereby granted the same exemptions and exclusions from taxation by |he State of Georgia jand its political subdivisions and taxing districts as are now or hereafter granted to cities ,andi comities of this State"pursuant to th0 Constitution and laws of this State. The Authority ;;shall be an instrumentality of the Siate of Georgia, and the scope Of its^oper- atiori shall be limited to the territory embraced within the corporate limits of the City of Confers, ;Georgia, as: .thi6'$ame now or .may-hereafter exist,: ... , '..'.' .:/',' ,, Section 2. Purpose. 'Without limiting the generality of any of the provisions hereof;the general purpose of the .Authority is declared to be that of acquiring,, constructing,'adding to, extending, improving, equipping, maintaining, and/or operaiting public projectSr;fire stations, police stations, and other public buildings and facilities, public parking lots, garages tad other public parking structures arid any and all: other public facilities useful, convenient, or desirable in connection therewith,-including .without limitation, any.;public facilities which the City of Conyers might be empowered to acquire, construct, Own, maintain and/or operate from time to tim^, acquiring the. necessary property therefor, both real and personal, with the right to contract for the use! of or to lease or sell any or all of such public facilities, including real property; and'to do any and all'things deemed by the Authority necessary, convenient or desirable for and incident to the: effi cient and proper development and operation thereof. '' ' :, : Section ,3. Membership. The Authority^ S%11 consist of fiv^.f3) members'who shall be residents of the City; of Conyers. The Mayor of the City of Conyers shall be a member of the Authority. The reniaining four (4) members of the Authority shall be appointed by the Mayor of the City of Conyers, and approved by the City Council of the pity of ConyerSj to serve for a term Of one (1) year from the date of such approval and until their successors shall ha^e been appointed and approved. Of said four (4) remaining members of the Authority, not more than two (2) of them shall be individuals who are members-of the City Council of the Gity of Gonyers. The term'of office of -a member of the Authority who at the time of his appointment and approval is also a member of the City Council of the City Of' Conyers shall terminate when his ;term of office as a member of such council expires or otherwise terminates. Any appointed member of the Authority niay be feappoirited as a member of the Authority. Immediately after such appointments or reappointments, the members of the Authority shall enter upon their duties. Any vacancy on the Authority with respect to an appointed member shall likewise be filled in the'sarhe manner as was the original THURSDAY, FEBRUARY 23, 1978 .1691 appointment of the member, whose termination of membership resulted in . such .vacancy and, the person so .appointed^ shall serve for the remainder of .the unexjpired term., The Authority shall elect. one of, its members ,as Chairman and, .another .member. a& yice- , Chairman and, it shall also, eject a,ecretary and, Treasurer,, who dpe&, not .necessarily have to J)e a member .of the Authority, and jf not a member. he or she shall, have no :. voting rights,;. Three members of the Authority, shajl, constitute a quorum. Np vacancy .on the. Authority, ^hall, impair the right of the quorum to, exercise all the. rights and, per- fprm. all the duties of, the Ajuthority, The members ,pf the Authority .may be cp.mpen- sated as determined from timejto time, by the .governing body ,of , -the, City of -Cpnyers; however, it is expressly provided; .that, they shall, he reimbursed for, all actual expanses incurre,d in, 'the performance , of their duties, The .Authority, shall make rules, and regula tions fpr^, its psvji gpvernment. It: shall have .perpetual existence. : - .... .. , :,,-,..., ,, Section 4. Definitions. As used herein the fojlpwing words and terms shall have, the following, meanings; ..-.,-..-:" ,-,-.. - -: ..>. -....,,:-. . . :.-.. ,,-:- . ,-'..,.. ; ,. -.,:.': :-' . :.-. : ;;1.(a). The word 'Authority' shall mean, the Gity. pf..,C,onyers Public Facilities, Authority createo! in Section 1 hereof. ; ., .. , ...,, /._..., ,;.... |., .. .; .,,,,,,, s r: (J)) .The wprd 'Prpjects' 01 'Project' .shall be deemed ;tp mean ,and in.clude-.the.acquisi- tion, construction, equipping, extension, improvement, maintenance and/or operation of any public, project,, fire statipp, pplipe sta.tipn, public building.pr other public facility, .pilhlic parking lot,^gatage, or .other ;piiblic parking .structure or simllai; rpublic under taking and any and all other public facilities useful, convenient or .desiratde in connec tion with siich undertakings including, withputlimitatipn, any public facilities which the City pf C.pnyers rnight be, empowered , to. acquire, construct, .own, maintain, and/pr pper- ate from time to time, and the acquisi'tion of tfie necessary property trierefoj, both real and personal, .apd the lease and sale pi;..any, part',pr,a,H of .such public facilities, .including real and perspflal property, so as tb.,assure,th^e efficient; and; prpper, development, mainte- na.nce, and pperatjpn pf,S'";U' ch ' under'tak' ing's',''.de' eme'd", b"y the' Authprity"t'o"'j)e,'n'e'c'es'sary, . ,.. ,. ,,, ,. , . .,,, , ..-.,,, . - ,..-...- ...,-- .,:-....,-.- (c) T,he, term, 'cost of, the Project; shall' embrace, the ,e,pst pf 'acquisitipn. ancl. cpnstruc- tipn,",the cpst pf all; lands, prpperties, rights, easements .and franchises acquired and the cpst^of .all cpnveyance.s;pf the Authority's.'titje thereto. .and leases therepf,-:. the, cpst, pf all machinery ,and equipment, financing charges, interest pn its revenue bprids, accruing .prior to ancl, d^i^rihg^acquisition and .construction,.and for, pneyeaii: after cpmpjetipn pf acquisition, and ; cpristrvction, cost .of engineering, architectural,.,fiscal, accounting and legal expenses., .and, of Rlar^.^ndspeici.ficatipns,.ah;d^. other. expenses necessary or incident tp.qletermining.the feasibility^^,o,r prac.ticalinity,,o^f the JProject, administrative ^expenses, and such ptner. expenses as jjiay be necessary or incident. to. the. jfinancing .hereih authpr- ized, the acquisition; and* constructipn pf any Project and the piacihg..plf the same in pperaiipn,. .Anv obtigaiipn or expense incurred!, for arjy of. the foregoing purppses shall be cegarded as a part pf the cost' .of the Prpject; ahp1 may ,be paid or reimbursed ^as, such out of, the proceeds Pf revenue bonds issued under the provisions hereof, fpr such,.pjpject. , ,(d) .The terms 'reYenue bonds', 'bonds',, and 'phjigatipn&' 'as used, herein, shalJ mean revenue .bonds- as defined ,and jprovided ,fpr: in the Revenue, rjpnd Law (GJa, Laws 1957, pp. 36, et seq,), as, amended, and such type ,o)f obligations may be issued. by the Author- ity as a.uthprized under said Revenue Bond Law and .any present or future amehdments thereto and',: .ih: addition, shall, also mean .obligations. ;of the. Authority,, theijssuance of .,V;hJch are. specifically provided for .herein. , ...,...,,.>.,, ,;.:,, . .-.-. . .(e) Any Project .shall be deemed 'selfl-liquidaiing' jf,. in the judgment jOf the, Authority, the anticipated revenues to be derived by the Authority therefrom and all properties used, leased and spld in connection therewith will be sufficient to pay.the cost of oper ating, maintaining, repairing,, .renewing", ,ano!. replacing the Project and .to .pay the prin cipal of and interest pn t,he, revenue bpnds, which may be issued, to. finance, in whole or in part, the cost of such Project. ,, , : g.ection.S. Powers. .The Authority shall have powers:. : , . i .. i , ; ., , ...--, .... ,. ... (a). ,Tp have a seal and alter the, same at, pleasure; ; >, ; . h , ,,; - , : : (b) ;, ,T,p acquire by purchase, lease or ptherwise,, and tp, hpld, lease. and, disppse of real and personal property of every kind and character for its corporate purposes; , 1692 JOURNAL OF THE HOUSE, (c) To acquire by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate exist ence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and if the Authority shall deem it expedient to acquire and/or construct any Project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby author ized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State of Georgia for the credit of the general fund of the State of an amount of money equal to the reasonable value of such lands, such value to be deter mined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any Project on any lands the title to which shall then be in the City of Conyers, the governing authority of said City is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said City an amount of money equal to the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority of said City and the Chairman of the Author ity; (d) To appoint, select and employ officers, agents and employees, including engineer ing, architectural and construction experts, fiscal agents, accountants, and attorneys, and fix their respective compensations; (e) To enter into contracts and leases, and to execute all instruments necessary or con venient, including contracts for the acquisition and construction of Projects and leases of Projects and contracts with respect to the use of Projects which it causes to be acquired or constructed, and to dispose by conveyance of its title in and to real and per sonal property of every kind and character, and any and all persons, firms and corpora tions, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable and without limiting the generality of the above, authority is specifically granted to the Authority to enter into contracts, leases and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to Projects, areas and facilities and relative to any property, which the State of Georgia or such department or agency has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof, and the Authority is specifically authorized to convey title in and to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Govern ment, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided herein. The City of Conyers is authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Author ity upon such terms as may be provided in any contract, lease or agreement entered into by and between the Authority and the City of Conyers, in order to enable the Authority to pay the principal of and interest on any of its bonds as the same mature and to cre ate and maintain a debt service reserve for that purpose and also to enable the Author ity to pay the cost of maintaining, repairing, operating, renewing and replacing the property or facilities so furnished by the Authority; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and/or manage Projects, the cost of any such Project to be paid in whole or in part from the proceeds of revenue bonds and/or other funds available to the Authority; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; THURSDAY, FEBRUARY 23, 1978 1693 (h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumental ity or political subdivision may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and/or laws of the State of Georgia; (k) The Authority and any trustee acting under any trust indenture delivered in con nection with the issuance of bonds, are specifically authorized, from time to time, to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and per sonal, or interest therein, not required in the normal operation of and usable in the fur therance of the purposes for which the Authority was created, except as such right and power may be limited as provided herein; (1) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed forty (40) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and City of Conyers as the lessee; and (m) To do all things necessary or convenient to carry out the powers expressly granted herein. Section 6. Revenue Bonds. The Authority, or any public authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost of any one or more Projects (as herein defined). The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law as now or hereafter amended. Interest shall be payable semiannually or annually, principal shall mature at such time or times not exceeding forty (40) years from the date or dates of such bonds, shall be payable as to both principal and interest in lawful monies of the United States of America, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds shall be issued pursuant to and in con formity with the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any present or future amendments thereto. Section 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest. Section 8. Same; Signatures; Seal. All such bonds shall be executed by the manual or facsimile signature of the Chairman or the Vice-Chairman of the Authority and attested by the manual or facsimile signature of the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman or Vice-Chairman and the 1694 ''JOURNAL OF THE HOOSBfi '' Secretary'and Treasurer of the Authority.-At feast one of the signatures appearing on . each 'bond shall be' a manual signature. Any ctoUpon rn"ay bear the signatures of such per sons'arid any b6nd ; tnay be sighed; isealetj^hd attested'on-behalf-'bf the Authority : by such persons as at the actual time of the execution of such bonds -shall be> duly author- ' ized arid shall hold the-proper o^ffce; although a't the date of such bonds-such persons may not have been -'. ^i.>-: --''<::;".. . ':::'. ,,- ::': ;: ...'.-.-. Section 10. Same; Sale; Proceeds: The Authority may sell sUeh; bonds In %uCh-manner and for such price as it may determine to be in the-best interest of the Authority and the proceeds derived from the-sale-of such'bonds shall'be used' solely-ft* the purposes 'provided in the proceedings authorizing the issuance of such bonds. ' ; M; - Section 11. Same;'Interim Receipts and Certificates OP Temporary Bonds. Prior to the preparation of-definitive bonds, the Authority may,1 under like restrictions,-issue interim receipts, interim certificates of itempdrary bonds, with ; or without' coupons exchangeable for definitive rjohds upon the issuance of the latter. ; -' .. . ' Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide fosr the rej3laceinent' of any bond or any1 Coupon which shall become1 mutilated 'O"r be destroyed or lost. * -': v.ov,-i; '.. <.:.. :,:..:-.;.- ,;..'.( -',' -.; -.)-,;'; ';-,.> -.- Section 13. Same; Conditions Precedent fo Issuance. Such revemie bonds : may be issued Without any other proceedings or: 'the happening of arty other conditiohs of things than those p'iroceedings, conditions and things Which are specified or required hereby. ->. Any resolution; providing for the issuance 'of revenue bonds whdef 'the provisions hereof, shall become effective ' immediately' upon its passage and need riot1 be published or posted; 'and any stoh' resolutiori rtfay ;be passed at any regulars-special Or 'adjourned !imeeting 6f the Authority by a majority of its members present atsuch'meeting. ; : ' Section 14. Credit Not Pledged! Revenue bohds'issued herfeuhder shall not be deemed to constitute a debt of the'City of Cohyers, nor a pledge of the'faith and credit of said City; but such bonds shall be payable solely from the funds hereinafter provided for and ; the issuance bf"sur/ the payment of the, proceeds of the sale ; of the bonds ,to-any > officer, or, person .who; {many/agency; hank or: trust company which shall, act as trustee of ;Wch funds and ighall hold an*! apply the,;sanie: to, the purposes hereof, subject to such regulations asrsuch resolution or 5teu&t,indentu8e may provide. ,>...';.-; . .;...... ,. - ^^-;..::,<. .-... , : . ! , a Section. If?..Sinking Rund..The revenues, ifees ( tolls and earnings derived fem any par. titwlar Project or Projects,; regardlessiof whether or not suich .fees, earnings' and Jevienues were produced bjr a particular Project for which bonds have*been, issued arid any. monies derived from the .safe of any properties, both: real; and personal, iof the Authority, unless otherwise pledged and allocated, may be pledged;;and allocated :by the Authority to* the .payment of the principal'of and interest on revenue bonds of the ; Authority as the jeso- lution authorizing the issuance,of the bonds or- in the trust instrument may provide,/and isuchvfunds so pledged from; whdteMer source reeeivedj which, said pledge may include funds received from one or more, or all sources, shall be set aside at regular, intervals as may be provided in. the resolution or trust indenture, into, a sinking;fun.d which said siijking-ifund. shall be -pledged to and charged with the, payment of ; (l): the interest upon .suh revenue: bond&ias.; such interest ;becomes,due,' (2) ;the: principal of the bonds .as the ; same cbecomeg dueji (3) any premium upon bonds acquired by ; redernption, payment or iotherwise, (4) the :neeessary :charges of ; the paying ageiit :or:agerjts for paying^principal and interest, and (5) any investment fees or charges. The use and disposition :0f; such sinking fund -shall be; .subject ito such regulations! as may be pjfovided in the resolution authorising the issuance -of the revenue bQnda:or! in th trust indenturev but; except as may Qrtherwjse be provided'in such resolution: or trust indenture, suchisinking fund shall be -maintained as a trust account for the.benefit of all- rewpnue bonds without;distinction or priority of one over another; Subjects to; the-provisions of the resolution authorizing the issuance oft the :bonds:or;in;the trust indenture any surplus monies in the sinking fundrmay-.be applied, te: the purchase or .redemption of: bonds and 1 any such bonds .so purchased \oc redeemed rshall forthwith be cancelled ;andi shall - not be reissued, printed and delivered-- :,-.: - < - . * "'' ' ;: .'-:'' r :: -.> .- -,:./,. : .<>:, - .;:.- .-. -:- . Section 18. Remedies of -Bondholders. Any holder of revenue bonds issued under the provisions hereof or any of the coupons appertaining thereto, and the trustee under the trusj indenture,, if any, except to. the extent: the: rights herein .given may be {restricted by resolution passed before the issuance of the; bonds or;by the trust indenture, may, 'either at laWiOE in'equity, by suit, action, mandamus; or other; proceedings, protect and enforce any and all fights: under the laws of the; State of Georgia or -granted hereunder or under such resolution or trust indenture; and- may enforce and compel: performance of all duties required hereby or by such resolution ;or trust indenture; to be performed by the Authority, or any officer thereof, including the filing,: charging, and-collecting of revenues, fees, tolls, and other; charges for the use of the facilities and services furnished. Section 19. Refunding B; .... bonds,and to provide for the; .methpd nd manner, of such issuance.,and .,. ,. for. the validation ^hereof,to authorize the. Authorityto cjontraci, withithe -.. City of rConyers a#ild,P, Y Clark, Betty . YClark,L. : Y Clifton, A.D. Y.Qoleman, ,T. YCollins.M. -Cohnell, J.. : v Y ; Cooper, B... ,.' YCox,W:E. '" ' YCrosby-T. Y Culpepper, ,8. Y Daniel, ,G. ''- Daugherty,: J.C. Y DaviSrB. ; ;. pean, D.C., Y Pent, R.A. Y Deveaux, C. Y Dover! Bill . Y^EdWaris, W; ; y.Esans, W.P. . ' Felton, P. ; Y Foster, P:W. -Y, Poster,R.L; , Y, Galer, M.., Y Gainmage, L. ( Y Gignffliiat, A; y. Glaftton, Tom ,. Glover, M, 'YGreene, i. Greer, J.W. Y, ; Ham,B, ' Hahiilix)ri, G. Y^HarinerVB. Y Harris, B.B.,8?. Harris, J.F. . Y Harrison, C: :'Y Hatcher, C.F;.YHawkiW, J' YY 'HHiaUy,s,BF.L.,.Jr.'" ; '' Hohnes, Bob YHorne, F. ,, . . Hbrtori.'G^T.' '' Y!H6usIey,.^ -- : Y Hudson, T.ed V HiStchinson, R.S. iYIryin, ft YIsakson,J. . 'f Jackson, J.D. Y Jessup, Ben Y Johnson,. G; Johnson, P. Y Johnson, ..y.Jpnesi.E. - , Y Jones, Herb ,.. Y Keyton, J.W. .Y.Kilgore;TiM... .Y Rnight.iN.G. . Y Lambert, Roy' Y Lane, Dick ( Y Lane, W.J. YJLee,,W,J.{BiU) , Leridernian, M. YLiWder;J. 1 " YLdgan, H. .-. . ;,.Y Long, W.K. . Looper, \i; ' ' Y Lucas, PJ:. . Y Mann, C.C. Y Marcus, S.J. '.-; Y Matthews, D.R. iYMcCoU,um, H., . YMcDohald, L. i MoKinney, J.E. .YMUford,B. ... Y Money, J/: t Mostiter, J.L. Y: MiiHinax, E.G. , Y, Murray, B. Y Nessmith, P.E: Y Nichols, M. .YNiLK^r .;,.,. Y Noble, Bill YOldharn.L. ::Y Owens, RD, Y Parham, B.E. , "Patten, 'G'.C: i Y Patten? RiL> ' ' Y Peters, R.G. Y Philljpsi L.L. .. 'Y Phillips, R.t: ; PhiUijis, W;R. ,Y Pilewicz, G. Pinkston, F.C. 'YRainey, H: Y Ralston; &;;.. .'- YRamsey,.T. .. ., i, W.C. .. Scott, P. [ Y Sizem'bfe; E, , .. Y Sliow, Wayne.,Jr. Sfcinberg; C/ . Y Swanrii D. Y'Taggart, T. Y Thompson) A,W. Y Tolbert,.,T,.,, "Toles, fi.B. Y fownse'nd; K.V: Y Triplet^ Tom'; ; YTruJuck,R. "YTTuutscekne'r,,'J.R.M'.''' Y.Twiggs., R. -.: -. Y Vaughn, C,R, ' YVeazey'.M. Y Waddle, T.W. . Y Walker, L; . .. Y Wall V. Y-Warei'J.C:; ' ; : Y,Wakjns,L. ,Y Watson, R.H.,Jr. Y Wheeler, 'Bobby .. Rkhardspn, E.. Y Robinson, C. " Ross; ;Ben B. Y Rowland, J.R. , Y. Rush, Dewey ' YV R;'Suavsiaeglel,, JJ.. "-'" - Y Williams,'H.L. " Y WilliamB^fe 1 " ' , iWilliamson, G. .y Wilson, J.M. . ;yYwWooobdd,!.JJ..T. ' ; ' -..Mr. .Speaker,;' . On the adoption of the Resolution, the ayes were 148, nays 0.'' ' The Resolution, having received.the;,requisite two-thirds constitutional majority, was adopted. The following message was received from the Seriate through Mr. McWhorte'r, the Secretary thereof: ; ... ; . . ,.. , Mr. Speaker: ;: The; Senate has .passed;by,the requisite constitutional,majority the,following Bills of the House and Senate:, , ' -.-,..,. :..;;i ; ,.: / ; (.--;.'':;.-. i.. ,., :. ><:: ' y THURSDAY; FEBRUARY 23; 1973 1699 HB'1729. By: Representatives' Ware !6f the 68th, and Johnson and Glanton of the 66thi " : " A BILL to amend an-Act to create the office Of'Commissioner of Heard County so as to change the compensation 'of the Commissioner; to provide an effective ' ''- " - ; date; and' fox other purposes.' ''"''''' ': '- 7 : " ' '' ' : ; HB 1730. By: Representatives Ware of thev68th:, and Johnson and Glaiitori of the 66th: A BILL to amend an Act placing the Clerk of the Superior Court of Heard , - : Gaunty tort nf'annual salary in lieu of the fes system of compensation so as to ;. <.'. change the; compensation of the elrfc of the superior court; to provide an effec- ;!.;.; tiye date;-and for other purposesi ; '; : .-..; ...:.'" ,-.-' :.: :;:, HB 1731. By: Representatives Ware of the 68th, and Johnson and Glanton of the 66th: v, A BILL to amend an Act placing the Sheriff, of Heard County on-an,ai)nual ., salary,in lieu of_the f^ee system ,of coinpieiisatip.n s.Q as to change the compensa tion of the sheriff; to provide an ,effec^ivfi date; .and for other purposes. HB 1732. By: Representatives Ware of the 68th, and Johnson and Glanton of the 66th: A BILL to amend an Act consolidating the offices and duties of Tax Receiver r and Tax'"-Collector of Heard' County into tlie single office of Tax Commissioner of Heard C.ouiity so as to Change the compensation Of the tax commissioner; to require that certain fees be paid into the county treasury; to'authorize the epmospelso.yment"-'of a p' ar't'-t-i'm' 'fe' c:le' rk f:or t'"h' e 'ta' i''co'm'm>uis-sion'er;' an'd''f'o-r- other pur HB 1733. By: Representatives W-arfe of the 68th, and Johnson and Glanton of the 66thi A BILL to amend an Act placing the ^Judge of the Probate-Court of Heard : Gounty on an annual) salary in iieii of the fee system of compensation so as to .:: ! change the provisions relating to the; compensation of-the Judge of the Probate Court of Heard County; and for other purposes. , ; HB 1757.; ;Bj?: Representative Dover of itjie-llth: A 3ILL to amend an,Act entitled "An ;.;: : Apt to provide for a secr^acy for the Solicitor of the State Court of Habersham ,, County"; to fix the cptppensation for such.secretary and provide for payment ,of same so as to change the maximum cpniif>etisatipn of the. secretary of the ,, Solwitpr of theState Court of Habersham County; and for other purposes. HB 1758. By: Representatives Phillips of the 59th, Harris of the 60th, and Wall of the ,61st; A BILL to provide for the salary and expense allowance of members of ; the. Board of Educatipri of Gwirinett Couhiy; tp specifically repeal a Section of a certain Act'; and fpf other purposes. "'.. ' ",',". HB 1761. By: Representatives Jackson, Whitmire, and Wood of the 9th: A BILL to amend an Act creating a Board of Commissioners for Forsyth County so as to remove a limiWtiori on the salary Of the county administrator;'-and for Other purposes. HB l762:'By: Representatives Jackson, Whitmire, andWoocI of the 9th: A BILL to amend an Act changing thei compensation of certain county officers of Forsyth County so as to provide for a determiriation of the annualsalary of the clerk of the superior court, sheriff, and judge of the probate court by the county governing authority; and for other purposes. HB 1763. By: Representatives Jackson, Whitmire, and Wood of the 9th: A BILL to amend ah Act providing an annual salary fOr the Tax Commissioner of Forsyth County so as to provide for determination of the compensation of the taxf commissioner by the county governing authority; and for other purposes. : 1700 JOURNAL OF THE HOUSE, HB 1765. By: Representatives Jackson, Whitmire, and Wood of the 9th: A BILL to create and establish the Forsyth County Airport Authority; to provide a title for such Act ("Forsyth County Airport Authority Act"); to declare the need for such Authority; to declare the public purpose of the Authority; to provide for mem bers of the Authority and their terms; to provide for the election of officers, a quorum, bylaws, procedures and meetings; and for other purposes. HB 1773. By: Representatives Carlisle and Mostiler of the 71st: A BILL to amend an Act creating and establishing a small claims court for Spalding County to be known as the Small Claims Court of Spalding County, so as to change the title of the bailiff; and for other purposes. HB 1784. By: Representatives Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act creating the Board of Commissioners of Clayton County, so as to change the provisions relating to the location of the office of that board; and for other purposes. SB 544. By: Senator Kidd of the 25th: A BILL to be entitled an Act to amend Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, so as to provide for the designation of additional registration places and the requirements connected therewith; to provide for an effective date; and for other purposes. HB 65. By: Representative Walker of the 115th: A BILL to amend Code Section 69-318, relating to sale of municipal property, as created by an Act approved Mar. 5, 1976 so as to authorize the sale by municipalities of certain real property in established industrial parks or in municipally designated industrial development areas; and for other purposes. HB 246. By: Representatives Logan of the 62nd, Gignilliat of the 122nd, Battle of the 124th, Argo of the 63rd, Toles of the 16th, and Russell of the 64th: A BILL to amend an Act entitled "Executive Reorganization Act of 1972", approved April 6, 1972, as amended, so as to provide that the Board of Regents of the University System of Georgia shall be exempt from certain provisions of said Act; and for other purposes. SB 545. By: Senator Kidd of the 25th: A BILL to amend Code Section 34-1005, relating to the qualification of candidates, so as to change the provisions relating to the commencement of qualifying in the case of a general primary; to provide for an effective date; and for other purposes. SB 602. By: Senators Kidd of the 25th and Dean of the 6th: A BILL to amend Code Chapter 34A-13, relating to absentee voting in municipal primaries and elec tions, so as to provide for the persons who may assist certain absentee electors in preparing an application for an absentee ballot; to prohibit certain persons from assisting any person in preparing an application for an absentee ballot or for voting or preparing an absentee ballot; and for other purposes. SB 604. By: Senators Robinson of the 27th, Russell of the 10th, Evans of the 37th and others: A BILL to authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Reserve Com ponents of the United States; to provide the procedures connected therewith; to provide an effective date; and for other purposes. THURSDAY, FEBRUARY 23, 1978 1701 The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 867. By: Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd, Walker of the 115th, and Snow of the 1st: A BILL to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases; and for other purposes. HB 1587. By: Representative McDonald of the 12th: A BILL to amend an Act entitled "The Uniform Act Regulating Traffic on Highways" so as to change the exhaust system requirements for school buses; and for other purposes. HB 1500. By: Representatives Colwell of the 4th, Carlisle of the 71st, and Lambert of the 112th: A BILL to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services so as to authorize the Commissioner of the Department of Administrative Services to establish and operate a State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provi sions of Pub. L. 152, 81st Congress, as amended; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1538. By: Representatives Birdsong of the 103rd, Harris of the 60th, Home of the 104th, Pinkston of the 100th, Walker of the 115th, Watson of the 114th, Wall of the 61st, Bray of the 70th, and Ham of the 80th: A BILL to amend Code Section 92-6903, relating to county boards of tax assessors, so as to provide that certain persons having a specified degree of kinship to a member of the county governing authority may not be appointed to the county board of tax assessors; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 162-686. By: Representatives Bolster of the 30th, Marcus of the 26th, Walker of the 115th, Snow of the 1st, Cox of the 141st, Adams of the 36th, Taggart of the 125th, Birdsong of the 103rd, and others: A RESOLUTION proposing an amendment to the Constitution to authorize the General Assembly to provide by general law for any matters reasonably necessary to allow counties or munic ipalities, or counties and municipalities, to establish and maintain redevelop ment programs for the redevelopment of areas within the respective boundaries of such counties and municipalities and to provide for other powers in connec tion with such redevelopment programs; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 606. By: Senator Doss of the 52nd: A BILL to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's compensation insurance; and for other purposes. HB 1271. By: Representative Lane of the 40th: A BILL to amend Code Chapter 45-3, relating to licenses and permits, so as to authorize the Department to issue a 1702 ; JOURNAL QF THE HOUSE, ; ,. - ., . - lifetime honorary punting, anci-fishing liceoae to any resident who is totally dis abled; and for other purposes. ,-., ; ;, ; .': ; ;...,... ,HB 1340, By: Representative Bray -of the 7.0th:". A /BILL to amend Code Title 34A; also ': known as the "Georgia Municipal Election Code", so ,as to provide for preser vation of records;-to provide for storage and destruction xif records of rejected i. : ' applicants; to provide for absentee registration; to provide "for equipment and arrangement of polling places; guard /rails and number of. voting compartments or voting machines; and for other purposes. HB 1351. By: Representative: Hatciher of'the 131st: A SILL to amend the Retail Install ment and HOme Solicitation Sales'Act so as' to further define the terms "retail seller" and "seller"; and for other purposes. HB 1429? By: RepresentativesMostiler and Carlisle of the 71st, Adams of the 79th, Lee, '':' '("'''' ;' Johnson, Beriefieltf arid Wood of the^ 72nd, arid Jondk of "the 78th: A BILL to , amend an Aqt dreatifig'the Griffin Judicial Circuit so as to change the times for '""' hording1 court in said ciVcUi,t; to provide ti time and procedure for the calling of cases for trial or announcement, or Bbth'/and'.for other'purposes.' HB .1434, By: Representatives Logan of,the, ,62nd, and. Hatcher of the 131st:.A BILL to amend Code Title 68A, The IJniform Rules of the Rpad^sp as .to provide for the applicability of certain laws to bicycles; and for other purposes. HB 1^19; By: Representative ROBS of .the..-76th; A BILL to amraid ian- Act creating the -,.'.- ; Georgia Educational Jmprovejment .Council so as to change the provisions rela- : ,: tive ; to a quorum for the transaction; ol th: business' of the jGpUncil; and for .!;;..;;; ..;': Othet. .purposes.. ,:.-: :, .:-.-;.,; : :; :...-.:..'.; : ;;-., . 'i,,":'. .'.;.<)-;, HB 1584. By: Representatives Childs of the 51st, and Richardson Of the 52nd: A BILL to amend Code Section 79-501, relating to change of name, so as to change the " < requirement of consent as to the, change:of name of a^ minor child; to ^change certain provisions relating to notice of proceedings to change -the name of a minor child; and for other purposes. ' The Seriate has 'adopted by the' requisite constitutibhal majority 1 the following Resolu tions of :the Senate arid House: ' '''''' ''' ,->'' '-''^ '- : '-' ' '' '' 'I .'.;..-; SR'2^.6.' By: Senator Brouij of tne 46th;';A^E^ of a plan , ..,- . for the development of services to troubled children and their fainilies and crea- ,-,,,,. , tion of..an inj,eragency,tasls.force io coordinate and maximize services to such children; and for other purposes. , . : , . : .;, ;l ;., v Sfti329, By: Senator Brown eif the47th: - ,: .-..; - ; , ..,,,. . .V'., ; > iv . :,-... ,; HR 518-1473. By: Representative Coi of the 141st: A REStJLtJTiON authbriziJig the con veyance of an interest in certain real property located in the City of Bainbridge '- :.~ ; ;v'i< "in Decatur County,! Georgia; and for other purposes. ' i ; <; .-'--. " TKe Seriate has agreed 'to the Mouse substitute to the following Bill of the Senate: SB 290. By: Senator Stumbaugh of the 55th; A BILL to provide for a Board of 'Registra tions and Elections in certain counties; to provide for the powers and duties of : ,; ,: the board; to provide for the spppintmentj resjg^tion^and yremoval; of its mem,',>''.;'.: ,?..;<,.. ,:.-: n : ^ . ..;:.:; SB^544. ;By:, Senator ^:Kidd of the^^25%, A fBILL,tp be^eiititled, an ; Act to; amend /Code ;: ,i Section: 34-610, relating to the keeping of registration oard% and other papers, . , yotjer legjstratipn, places land office houfs, so ',as to provide for the designation ; of vftdditionaj Registration, pkqes. snd > the ; requirements connecieii therewith; to for an e;ffectiv<}atj ^nd for oth^r pHrpQses,, , ,* t, Referred to the Committee on State of Republic. SB 545. By: Senator^ ICidd of the 25th: W BlftB to' amend Code Sectfen" 34- 1005V relating to the qualification of candidates, so as to change the provisions relating to the .. . vcpmmencement of qualifying in the case of a general primary; to provide, for an effective date; and for other purposes."'' ! i. ',', Referred to the Oomnlittee on State of Republic. ' ' "; ': SB 602. Etyj Senators ,Kii}d of the 25th' and ;I)ean of the, 6thtJA BILL to ariienol 'gckle Chapter 34Ai-13, relating to absentee v6ting in munieipal primaries; aad felec- ; tiohs, so as 'to pto^ide for the persons, who may .assist ceiHlain absentee ^lectors ,! in jpreparing an application for jsin absentee bdrQt;~|> prohibit certain .persons from assisting any person in preparing an applicHtiori'fcr an absentee 'baltot or ;.f6ri voting or.pr^fiafjing an absentee ,baHot; and for other purposes. ; Referred to the .Coromittee on State ,of Republic. : , : . .; ; ; SB 604.'Byi Senators Robinson of the 27th, Russell of the lOth* 'Evans of the 37*h,and v Mothers: A BILL t() authorize and direct the State Reyfenue Commissippfer to 1704 JOURNAL OF THE HOUSE, issue special motor vehicle license tags to certain members of the Reserve Com ponents of the United States; to provide the procedures connected therewith; to provide an effective date; and for other purposes. Referred to the Committee on Motor Vehicles. SB 606. By: Senator Doss of the 52nd: A BILL to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's compensation insurance; and for other purposes. Referred to the Committee on Insurance. SR 290. By: Senator Broun of the 46th: A RESOLUTION requiring the creation of a plan for the development of services to troubled children and their families and crea tion of an interagency task force to coordinate and maximize services to such children; and for other purposes. Referred to the Committee on Human Relations & Aging. SR 329. By: Senator Brown of the 47th: A RESOLUTION authorizing the sale and con veyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the "Commission", of certain State-owned real property, hereinafter throughout this Resolution referred to as "the 9th Street Property"; and for other purposes. Referred to the Committee on State Institutions & Property. Representative Auten of the 154th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Adams, Marvin N Andereon, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. Beck, J.M. Beckham, B. Y Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. N Chance, G. N Childera, E.M. Y Childs, P. N Clark, Betty Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. Connell, J. Cooper, B. Y Coi, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. N Deveaui, C. N DUon, H.D. Dover, Bill Edwards, W. Elliott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Ham, B. Hamilton, G. N Banner, B. N Harris, B.B.,Sr. Harris, J.F. Harrison, C. N Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. Holmes, Bob N Home, F. Horton, G.T. N Housley, E. N Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. N Irvin, R. N Isakson, J. Y Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. N Jones, B. Jones, Herb Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. N Looper, M. Lord, J. N Lucas, D.E. N Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. THURSDAY, FEBRUARY 23, 1978 McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinai, E.G. Murray, B. N Nessmith, P.E. N Nichols, M. Nix, K. N Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. Phillips, R.T. N PhUlips, W.R. N Pilewicz, G. N Pinkaton, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. Randall, W.C. N Reaves, H.L. Richardson, E. N Robinson, C. Y Roes, Ben B. Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. N Triplet!, Tom N Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. N Walker, L. On the motion, the ayes were 30, nays 94. The motion was lost. 1705 N Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Whitmire, D. Y Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1326. By: Representative Walker of the 115th: A BILL to amend Code Section 72-401, relating to the manner of abatement of nuisances in cities and the jurisdiction of certain courts in nuisance cases, so as to grant to certain courts in municipal ities of less than 20,000 population the jurisdiction to try cases involving the abatement of nuisances; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y ROM, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 1706 JOURNAL OS THE HOUSE, On the passage, of the Bill, the ayes were' 146; hays 0. : ;:": " :V: The Bill, having received the requisite;constitutional majprily, was passed. HB 1892; By: Representatives;Long of the-142nd, Hatcher k, Betty Clark, L. ;: Y Clifton; A3J. YColeman,T. YCoUin8,M: Y Colwell, C-H, : Connell, J, Y Cooper, B. Y Cox, W.E. Y Crosby, T. !Y Culpepper, Bi Y Daniel, O. Y Daugherty, J.C. Y Davis, B. Dean,p.C. : TDehf, R.A. Y DeVeaui, C. ' Y Dijton, H.D. , Y'Dover.Bin Y Edwards, W. EUk)tt,.a; Y Evans, W.D. Y Felton, D. Y Foster, P.W. " Y" Foster, R.L. Y Galer, M. Y Gammage, L. ,Y Gignilliat, A.. Glanton. Tom Glover, M. Y Greene, J. Greer, J.W. YHanvB: : Hamilton, CL. J Y Hannet, B. : Y Harris, B.B.,Sr. Harris, J.*.:, YHarrison,C.,, Y Hatcher, C.Ft YHawkins,J. Y Hays, R.,Jr: HiU, BX Holmes, %*: Y Home, F. Y McCollum, H. ' ! Horton, G.T. Y McDonald, L. Y Housley, E. Y McKinney, J.E. V Hudson, Ted-::'. - '- Y MillordJB. Y'Hutchinson, R,S. ; Y Money, J. , : i Ylrvin, J. Y Mostiler, J.L. Y Irvin, R. Y Mullinai, E.G. ,Y,Isakson,J. > , Y Murray, B. ,. . Y Jackson, J.D. Y Nessiriith, P.E. YJestap.Ben YiNichols, M. . Johnson, G,.. . -, : . . Y Nixi K" Y Johnson, P, Y Johnson, W.RUd. :.'' Noble, Bill '' Y; Oldharn/L. ! , Y Johnston, J. ' , ' . YOwenSj.R.D. . Y Jones, B. Y Parham, B.E. Y Jones, Herb Y Patten, G.C. Y Kaley, M. , , ,, Y Patten, R.L. YKarrh,'R. '' Y Peters, R;G. Y Kemp, R. Y Phillips, L.L. Y Keyton, J.W. Phillips, R.T. YKUgor?, T;M. -;. . Phillips, W.H. Y Knight, N.G. YPilewicz, G. Lambert, Roy Pinkston, F.C. Y Lane, Dick Y Rainey, H. Y Lane, W.J. Y Ralston, E. Y Lee, W.J.(Bul) YRamsey( T.. : Lenderxnah, Kf* Y Randall, W.C. YLinder,J;;' ;':, ', Y Reaves, H,L, Y Logan, H. : Y Richardfcn, YLong,W.k. Y Robinson; C. : YLooper.'M. YRossiBenB; YLord, J. " Y Rowlarid, J.K-: Lucas, D.E. Y Rush, Dewey Y Mann, ClC,.;r YRusselJ, J. MarcuQ, S,J. Y Savage, J:. , Y Matthesrs, B.B. Scott,A. ,- 'Scott, D; Y Sizemore, E. Y Smith, V.B. Y'Smyre,'C. Y Snow, Wayne,Jf. Y Steinberg, C. Y Stone, R. ,YSwann,D. . s -, ' .TaggartVT. '' Y Thompson, A.W. . Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. ..Y.Tuten,,J.-.. YTwiggs, R. Y Vaughn.K.R.' Veazey, M. X Waddle. T,W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins,L., Y Watson, Kftji. Y Wheeler,.Bobby Y White; J. ".' : Y Whitmire, D,.. Y Williams, WL, Y WiUiam^.R.'. Y Williamson, G. Y Wilson, iM;.. '. Y Wood, J. ' YWood,;J.T; '.' Mr. Speaker On the passage of t3je Bill,,the ayes werje 147, nays 0. ' The Bill, having received the requisite dorj^titutional majority, was passed. : V ; ', HB 1443. By; Represerita.tiyes; Davis of the 9&th; tason of the 96th, Ralston of thja:7th, -Williams of the,! 6th, Benefield of-'the 72nd, Sizemore of the 136th, Phillips of : the 120th, and Jones of the 78th: ABILL to amerid/an Act known as the ''Ade quate Program for, Education in Georgia Act" so as to provide for requirements for substitute" teachers in the event certain teachers are unable to attend school; and for other, pii^poses. '.:'.'.....'. '..-!' ' . . .;;. "'.'^, V* !>", The following Committee substitute was r^ad and adopted: : , .,".'; '. To aniehd an Act knoWti as the "Adequate' Program for Education in Georgia; Act," approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for THURSDAY, FEBRUARY .23,, 1978 1707. requirements for substitute teachers in the,, evenfe certain teachers, t are unable to attend school; to provide for practices and procedures- vin connection *ith the use of substitutes for teachers; .to provide for penalties and tbie'!wi;tlinblding of fuijds tinder certain circum stances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and forvbther purposes. ' '7"? ;" :. '. -'' '.;:"!', ., ,'.,'''';. ";'".':';' : .,,''''_ ,.'. r '"' : '.: : ' BEIT ENACTED fi^ fHE ; ASSEMBLY ;OJF: GEORGIA: Section 1. An Act known as the "Adequate Program for 'Education in Georgia Act,'' approved Ma^ch 26, 1974 : (Ga. C^ws 1974, ps I|J4;5), as amended, 'is 'hereby amended by adding, following SectibriV5ifi,.,a 1n it shall be^the'duty of each Mar linit of administration to Snap'Kiy' ifti8 utilize the 'services of substitutes for teachers jri grades one through! seven wl6 are iibsent for ajperipd of 10 or more -consecutive days,' 6r who are likely to be absent for* period of 10 or more consecutivfe {days, under ;th^e: {provisions of -this "Section. If a teacher who is assigned fo teach students in grades one; through seven, is absent from- school for a period of 10 or more consecutive days or if it appears to the principal of such school that a teacher will be absent for a pe^rip^ of 1ft or, more consecutive days, it styal!, be ;the. duty ;pfr the^ k>cal unit pf administratipn tp emplpy a substitute for such teacher who (possesses a valid 'tedehing certificate: issued by the State^Board of^Edueation. .If a person holding a valid teaching certificate is not available to serve as a substitute fpr a teacher whp is absent, the local unit of administration is hereby authorized to employ a person as a substitute itea^her, provided thaj; such person so employed, shall be, the, person who ; most closely meets the requirements for certification as a teacher and who is available to ; sjerye a$, a substitute. It shall be the duty of the State Board of Educatipn tp promulgate and adopt rules, regulations and policies establishing classes or categories of perspns, in prder : Bf descShdihg ^ridrity, whb' most clpsely?meet r'e^iii^e&eh_tlvjfof''certifi^i.6n:'.witriin the 1 State 6f Gebi'gia. In the event ihat any local' unit oradrhinistratibi'i' employs a substitute for a teacher'fri Violitibri pf trie provisions pf this Section, it shall Be' the duty of the State Board of Education tp'v^fthhold frPm such Ibcal Unit of Sdministratibn a sum of State funds equal to 1/180 of the amount of State funds which would otherwise be pay able to the local unit of administration on behalf of the' teacher who ijs absent,) multi plied by the number of days that such unqualified substitute is employed by the local urut pf administration. Tb.e provisions pf this, Sectipn iShall, not apply tp . jthe, employment of substitutes for teachers of art, physical education or music. Nothing/herein contained shall prevent the local board pr Ipcal schppl superintendent frpm refusing to employ as :a substitute teacher one \*h0,:in the discretion of the board, would' fee detrimental to the education of the students covered by this Act." '.<> -;-.;' -;'" Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report pf the Cpmmittee, which was favprable tp the passage pf the Bill, by sub stitute, was agreed tp. On -the: passage of the Bill/tby substitute, the roll call was ordered and the vote .was as follows:' ; '' :; ":'';'.' ',', . "".'''' ' -.':"''. "' " '; ' ':"':' ; Y Adams, G,- "'.^ Y Adams, Maryip. Y Anderson.'W: Y Aigo, B. , . , Y Auten, Di, , '. , Y Balkcom, R,,;": Y Bargeron, E. , : Y Battlej Joe '.''"',, YBaugh,*^;. : YBeck.J.M. Y Beckham, 8. Y Benefmld, J, YBirdsong,K. , Y Bishop," S, ...;' Y Bolster, P. . , YBray, C.A. YBuck, T.B, .; Y Burruss, A-.^. Y Burton, J., , - YButlei,!?: . . Y Canty, H. : .; Y Carlisle, J. : Carnes, C. CarreU,B. ' YCason, ,G.. ,' Y Castieberry,'EiV Y Chance, G, Y Childera, EJ.M. Y chads, P..: ':: Y Clark, Betfy Clark, I,.' Y Clifton, A;6.- -.. YColeman.T. YCollins, M. Colwel}, C,H. ' Connell, J. '.'.',:. Y Cooper, B. ': YCox, W.E. YCrosby.'T, : ;,: Culpepper, B, Y Daniel, G, '.",., Daugherty, J,C.. .. , Deaa, Q.C, YDent,ft.X. '. YDeveauii, C: Y Dixon; irtl?. Y Dover, Bill . Y Edwaras, J)fc , Elliott, E.H.: Y Evans, ,W,D. ' Y Felton.D. Y Foster, P.W., Y Foster, RX: YGaler, M. '..,.' Y Gammage, I,, Y Gignilliat, A.... Glanton, Tom Y Glover, M. J " Greene, J* ^ Greer,.J.W. , YHam, B.V ".-. Hamiltph, G. Y Manner, B. Y Harris, B,B.3r. Harris, J.Fi, ",."' Y Harrison, C. ' Y Hatcher, Q.F. YHawkins.J. YHays, F.,Jr.: , 1708 JOURNAL OF THE HOUSE, Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y KUgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nesumith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. By unanimous consent, HB 1443, by substitute, was ordered immediately transmitted to the Senate. HB 1989. By: Representative Johnson of the 72nd: A BILL to amend Code Section 67-1301.1, providing requirements relative to transfer of real property involved in deeds to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property; and for other purposes. The following amendment was read: Representative Irvin of the 23rd moves to amend HB 1989 by adding a new Section 4 to read as follows: "Section 4. The provisions of this Act shall not apply to secondary or subordinate mortgages.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childere, E.M. Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. Y Connell, J. N Cooper, B. Y Co*, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. N Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. N Manner, B. Harris, B.B.,Sr. Harris, J.F. N Harrison, C. N Hatcher, C.F. Hawkins, J. Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. N Housley, E. Y Hudson, Ted N Hutchinson, R.S. Y Irvin, J. Y Irvin, R. N Isakson, J. Y Jackson, J.D. Y Jessup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. THURSDAY, FEBRUARY 23, 1978 1709 Y Logan, H. N Long, W.K. N Looper, M. Y Lord, J. N Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Matthews, D.R. N McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. Money, J. Y MostUer, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. Y Patten, G.C. Y Patten, R.L. N Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. N Robinson, C. Y Roes, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. N Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 73, nays 77. The amendment was lost. The following amendment was read: Representative Irvin of the 23rd moves to amend HB 1989 by changing the period at the end of line 10, page 2, to a comma, and adding thereafter the following: "nor to any graduated-interest loan in which the interest rate for the initial loan year is at least two percent per annum lower than the interest rate for the final loan year, and in which the note provides that upon transfer the interest rate will immediately rise to that for the final loan year.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin N Andersen, W. N Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. N Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. N Clark, Betty Clark, L. Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. Y Connell, J. N Cooper, B. Y Coi, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. N Daugherty, J.C. Y Davis, B. Y Dean, D.C. N Dent, R.A. Y Deveaux, C. N Diion, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. N Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Greet, J.W. N Ham, B. N Hamilton, G. N Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. N Hudson, Ted N Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Johnston, J. N Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. N Looper, M. Y Lord, J. Lucas, D.E. N Mann, C.C. Marcus, S.J. Matthews, D.R. N McCollum, H. McDonald, L. Y McKinney, J.E. N Milford, B. Money, J. N Mostiler, J.L. N MuUinaz, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. N Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. Y Patten, G.C. Y Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Scott, D. N Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, K.M. N Tuten, J. Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker 1710 JOURNAL OF THE HOUSE;! Oh'.the adoption of the amendment, the ayes were 73, riays-79.--;-' The amendment was lost;--'.-}' ; -: ,{ X '/- ' '.'.--'.'-.:. : The following amendment was read and adopted: ~. ; ,.,,.".-" Representative Johnspri '*Sf the 74th moves to 'ainend HB 1989 ;^y adding !at 'the; end :'!:; . '.4 firi' .'-..'-. '.'-:: ;: ' ': ".- ,-J'-:,: ' - ': :<.':?',-' "Nothitig in this Section shall be construed 1 tq limit the right of the Federal Lahd Bai$:to'; increase or decfi^|| tfee interest rate:;6f any loan'.a's'fong.as such increae',;oi decrease is pursuant to the terms of the variable interest rate provision of the note or deed to secure debt and the increase or decrease is not the result of the transfer of the property securing the loan'.": The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. :'.;:'. .;" : :^,-.-t,i--:'- :_,<-. ...... - ' On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: S''-; ;V ' ;;:- ;; '- ' ; "'-" ' '-' .-"'"'';; - -- -: '-' - 1 ' '-' ' ' "V""'y/' '" . V Xd&rns,'"G.. V Kf 'Adams, SfarViri' Andersoo, W, N Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe' ' Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, a YBoUtil. , YGreer, 3.W. Y Ham,'Bii ..;-.' Y Hannet(By .r,. Y Harris; B.B.,Sr; Harris; JIF.. Y Harrisofa, C: ! YHatchsi,.e;F. V Hawkim, i: ,' Hays, F.,Jr. N Holmes,; Bob YHorne;?: N Hortejn, G.f. "':" ' YMcCoUum,'H. NMtDori'ald,L. ';'-'>. " Y Scott, D, 'Y'Sizemore, E: ! Y Hbssley.'E. . - - ." MtiKinney, J.E. : .Y^miib.V.B. Y Hudson, Ted Y MUford, p. Y.Smyre, C.,, , Y Hutchinson, R.S. Money, J. ' YSndw.'Wayne.Jr. N Irvin, J. Y Mostiler, J.L. Y Steinberg, C. N,Irvin,R. ., Y Mullinax, ,E.G. Y Stone, R. ; ; Murry 'B.J '- -- - N S*ann, t):" N Jackson, J.D. N Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson.JW.Rud. ; Johnstdn,.J. .^ i ' Y Jones,:B. -.> : -,":', N Jones, Herb ' YKaley^M. ! '.- Y Karrh, R. ~: YKemp, R.:, .: : . NKeyton, J.W, Y Kilgoie, T:Mi-:,: Y Knights:N.G,,-.:- N Lambert, Roy; Y Lane, Dick, i ' N Lane Wd. Ti ;> ; Y Lee, W.J4Bil# LendermanyiM. > : YLindeivJ.. N Logan, H. :. ' V Long, WiK.- * ' " Y Looper,.Kl .rtj: : N Lord^J. ..-.IN- .- - YLucas'iD.Er ;--i i Y Mann,C.C.;r. i ; N Marcus, a*;.-.' Matthews, D.R < Nessmith, P.E. Y Nichols, M. Y Nil, K. N Noble, Bill YOldhamiL..: : Y Owens, R.B. v Y ParhamiB.E: N Patten, tjle ayes were 113; nays 41.\; . , , ; ; '' The B''il'l', having received-'the requisite cgnsiitutiohalV m--aj.o- rity' , was passed,-- as Representative Knight of the 67th stated that he had iriadv*tently voted...Vajrf" the passage of/HB 1989, as amended. He intended to vote "nay". ..,.,-'. : THtJRSMYy fEBRuARY^S, 1978 1711 Representative Irvih of the 23fd gavtf notice-that at the proper time he would'move that the House reconsider its action in giving the requisite constitutional majority, to' HB 1989, as amended. ,......-, .,.*... HB 397. By: Representatives Greer of the 43rd, and Nichols of the 27th: A BILL to amend an Act creating the Superior Court Judges' Retirement System, approved Mjirch 24, 1976, so as to repeal the provisions requiring members to retire upon ".: , attaining the age of seventy years ,Qjf fqrfeit their rights t<> T receive be.pe^fitsrand for other purposes. ;, .=,.:" ..'.-,-_v -.,; *'': T^w' : ' :: "i--: A;;SILL; ;; .; o:'";:,^" -1::^:"-!';" To" amend an Act creating the Superior Court Judges Retirement Systems approved March 2,4, :1;976 (Ga. La.ws.197f>, p. 586), as amended, so as to provide"that certain"judges of the superior courts shall become Senior Judges of the Superior Courts under. certain conditions arid shall be eligible; to serve as judges of the superior ^ourts; to provide fqr compensation^ expenses arid'iniJeage; to authorize such judges to practice law; to jjjrdtjd? for pension 'and retirement benefits; to provide for other matters relative to the foregoing; to repeal conflicting laws;land for other purposes;: ' ' ;.'. '^f'' : ,'N;!' >.' BE IT ENACTED'fiY THE GENERAL ASSEMBLE QE GEORGIA: ;: ;': (Section 1. An Act creating the Superior Court Judges Rettreriient System, Approved March 24,, 1976 (Ga. Laws 1976, p. 586), as amended, is hereby amended by adding to'Sart III, following Section 38, a hew Section to be designated as Section 38A, to read as'follows:' "Section.-38A. Any either provision of law to the contrary .nQtWitlistanding, any: person who,-on January 1, 1978, is actively serving as a judge of the, superior courts apo!, who has served aa a judge qf the ^uperior coiiirts and a judge of a, juvenile court for a total of not less than 13 years anirwho is a mempe,rl of any county .pension or retiremeWt Jsystem" shall become a Senior Judge of the Superior Courts, upon.his retirement pursuant to any such county pension or retirement system and shall receive any pension or retire ment benefits otherwise payable pursuant to,such countyjpension or jetirefneflt system. Any such person becoming a Senior Judge of the Superior Courts under trie provisions of this Section shall not'be eligible for, and shall-not receive,- :any pension or retirement benefit or salary as a Senior Judge of the Superior Courts pursuant to the provisions of the Act creating the Superior Court Judges Retirement System, approved March 24, 1 1976,(Gi3-I,. .; ... Y Watkins, ,L. , ' Y Watson, 'R.H'.^r. Y Wheeler, Bobby White, J. >"' Y Whitmire, D. -;. Williams, H.L: Y Williams, R. '" Y Williamson, G. Y Wilson, J.M, Y Wood, J. , Y Wood, J.T. ; , Mr, Speaker ''' On thte nibtiori," the ayes were 128, Ways 0; ' -;: ' : " :.:-. -.A,. '.The motion prevailed, .-.>...;,-.... >..>> -.._,.-. :,-.-,::. --. ".-: \-.. ,:.-;;. . HB 1335. By: Representatives Karrh of the 106th, SizeHiore of the 136th^Ross of'the r76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, sand Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of V< .,-.- members -of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. ; -.; The following Senate substitute was read: A BILL,. , :. ' -. ;, . -,. ; : .-:.-: :: , .,.-.;; >;..,.. To amend Code Chapter 32-9, relating to county boards of education, as amended, so as to change the compensation of members of county boards of education; to authorize county^ and 1 independent school systems te use school buses to provide transportation for the elderly and the handicapped under certain conditions; to provide for the expiration of such authority, on a certain day; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA: : Section'!. Code' Chapter 32-9, relating to county^boards of education, as amended, is he"r$eb20y"a, mended by striking from Code Section 32-904 the following: i; : andJnserting'in lieu thereof: the following: j ; ; ; :.-:' .: > /;, :>' "$50", .;:.. -...:; .. ....... so that when so amended Code Section 32-904 shall read as follows: "32-904. The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education shall, , when approved by; the county bbsird of education affected, receive a per diem of $80 $50 for each day of attend ance at meetings of thV faciard, and while meeting and traveling within or without. |hte State as a member of 'a committee of the board on official business first authorize*! by a majol'itjr.of the board; plus reimbursement: for actual expenses neqessarily inciirred in connection therewith;. The accounts for such^service and expenses shall be submitted for approval' lti> the coiinty superintendent of schools. In all counties the compensation of meflibfers;,^ county boards of education shall, be paid only friitfi the Ipcal tax funds;ayailr able:.to county boards of education for. educational purposes;- provided, howeverjnthat nothing heicein contained shall affect a cUnty board of education or school systeni'cre- atedi pripr to the Constitution of 1877." ,, ! .,V'i.. .' ; Section ;2. Said Code Chapter is further amended by adding following Code Section 32-942, rjelatihg to school 'funds, a new Code Section to he "designated Code Section 32-942.1, to read as follows: . : :,. .? ^ ' ; ";.-.; '.' < "32-942.1. Transportation of (he elderly.--"-Notwithstanding any other provisions of law to the .contrary including Section 32-942, jelajiijig to school funds, county and ind,epend- ent school systems may use school buses to provide transportation -for the elderly and the handicapped if tne Cost of such transportation is reimbursed in full from federal, State, local or other funds, other than school funds. The authority granted to jlocal school systems pursuant to. this Section shall Expire July 1, 1982, unless extended by law,"/ ,'" :,- .. . ' '.''', ' ': ' ''-..: ::..'-: : : """,- ' THURSDAY, FEBRUARY 23, 1978 1715 Section''&'. AlFlavVs and parts of laws in conflict with this Act are hereby repealed. Representative Karrh of the lQ6th:fnoved that /the House disagree to the Senate sub stitute to HB 1335. >: The motion prevailed; , f, Under the general order of business, established by the Committee on Rules, the "fol lowing Bills and Resolutions ,o the House were .taken up for consideration and rMd. tie third time: ~ ';: ..,-,' - ..., ; ',.''.-.': - ..-.:.-,:.-.; j '.' HB 1837. By: Representative Nix of the 20th: A BILL to amend Code Section 26-1704; relating to bad checks, so as to include checks for re.rit Under said Code etion;- and for other purposes. ....;''.-...- ,' -, .-.-.-. ",: '.4 < : :-' "t-he, report, of the Cojnthitiee, which wsis favorable to the passage of the Billy was agreed to.: r ,> ,'".; .^ .',-, '. W ;.;.,.%" . .: _.,;'.,..;, . ... ,'....',.,.' ._,'. On the passage of the Bill; the roll call ;was ordered and thevote was as follows: ; - i Y Adams, G. ' Y Adams, Marvin Y Andere6n, W. Y Argo.B. Y Auten, Ox BalkcimVH. Y Bargerpn, E. Y Battle, Joe' YBaugh,W.E: YBeck.J.M. Y Beckham, B. Y Benefield, 1. Birdsong.K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss.iA.L. Y Burton, J. Y Butler, D. Canty, H. .. Y Carlisle, J. Y Carnes, C; ,GarreU, B. - Y Cason, G. Castleberry, D. Y Chance, G; Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L, Clifton, A.D. Y Coleman, T. Collins, M. Colwell, $&.:,.:: Connell, J. Y Cooper, & '' Cox, W.E. ': Crosby, T,' : Culpepper, B. Y Daniel, G. Y Daugherty, ! (I.C: YDavis.B. YDean,ae. ' Y Dent, R,A: Y Deveaui.C. Diion, H.0. ;- Dover, Bill ' Y Edwards, W:" EUiott, E.H. Y Evans, W.D. YFelton,.D.:: . Foster, P.W. Y Foster, R.I,,. YGaler, M. Y Gammage, L. YGignilUat,A. ; Y Glanton.fom Y Glover, M. , Y Greene, J. ..- Greer, J.W. Yrlain.B: Y Hamilton, G. Y Banner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, Q. Y Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, TV Horton; GiT. Y Hoiistey, : E; YHud8or.,Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, K. ' ; Ylsaksori, J. : ' Y Jackson, J.D, ' Y Jessup,' Ben Y Johnson, G. Y Johnson; P:' Y Johnson; W.Rudi Johnston, J. Y Jones, B. Y Jones, Herb : Y Kaley, M. N Kanh, R, Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M, Y Knight, N.G. Y Lambert, Roy Y Lane, Dick YLane, W.J. Y Lee, W.J. (Bill) '-'Lendermftn, M. Y Linder, J. Y Logan, H. Y Long, W.K. YLooper, M, YLdrd, J. Lucas, D.E. Mann, C.C. ... Marcus, SJ.- . Y Matthews, D.R. Y McCollum, H. Scott, D; - ..'. Y McDonald, L. Y McKinneyj J.E. Y SizemoreVE: Y Smith, V;Kv: . Milford,B. : .' YSmyre.G.: I Y Money, J. Snowi Wayne>: Mostiler, J.L. Steinberg, C.->: Y Mullinai, EiG. Stone, R. ;':'- Y Murray, B. YSwann, D. : Nessriuth, P.E. YTaggart,.T.'-^ YNichols, M. ' ;, Y Thompson; A.w; YNii, K. Y Tolbert, T^ i Noble, Bill Toles; E/B.'' YOldham, L. Y Townsend, K:V. Y Owens, R.D. Y Triplett, Tom Y Parham, B.E. Y Truluck, R. Y Patten, G.C. ! Y Tucker, R.M. Patten, R.L. Y Tuten, J. YPetere, R.G: ' .., YTwigggjR, Phillips, L.L. YVaughn, C.R. Y Phillips, R.T. Veazey, M. Phillips, W,Rt ... Y Waddle, T.W, -, YPilewicz, G. Y Walker, L. Pinkston, F.C. ' Y'Wall, V. YRainey.H. . Ware, J.C. Y Ralston, E. YWatkins, L. YHamsey.T, Y Watson, R.H.,Jr. Randall, W,C. Y Wheeler, Bobby Reaves, H.L. . . ^Vhite, J. Y Richardson, fi. Y Whitinire, D. Y Robinson, C. Williams, H.L. Ross, Ben B. Y Williams, R, , Y Rowland, J.R. Y Wiuiamson; G. Y Rush, Dewey Y Wilson, J.M, . r Y Russell, J. Y Wood, J. Y Savage, J. Y Wood, J.T. , Y Scott, A. Mr.' Speaker On the passage of the Bill, the ayes were 129, hays 1. ,! .' . ; The Bill, having received the requisite constitutional majority,, was passed. ....'. HR 665-1858. ;By: Representative Collins .of the 14;4th: A RESOLUTION authorizing the v lease of certain real property located in the City of Felham, Mitchell County, 'Georgia; and for other purposes. '> 1716 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignUliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1774. By: Representatives Hatcher of the 131st, and Steinherg of the 46th: A BILL to amend an Act known as the "Children and Youth Act" so as to authorize the Department of Human Resources to inspect and copy records of law enforcement agencies and courts pertaining to juvenile offenders; to provide for limited disclosure of records on juveniles committed to said Department; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. THURSDAY, FEBRUARY 23, 1978 1717 Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GigniUiat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkina, J. Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1775. By: Representatives Hatcher of the 131st, and Steinberg of the 46th: A BILL to amend Code Title 24A, known as the Juvenile Court Code of Georgia, so as to authorize the Council of Juvenile Court Judges to inspect and copy records of the courts, law enforcement agencies and the Department of Human Resources upon request; to provide that the judge shall permit the Department of Human Resources and Council of Juvenile Court Judges to inspect and copy records of the court and law enforcement agencies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Council, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes. Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnaton, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. 1718 JOURNAL OF THE HOUSE, Reaves, H.L.. Richardson, E.: Y Robinson, C,, Rosa, Ben &. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. .... YYsSa>vatvge;A,,,};..;,::,,..., ,. Scott, D, Y Si'zemore, JE, Y Smith, :VJ8,' Y Smyre( 'C-' Y Snow, Waytuylr, Y Steinberg,,C. YStoneyR., , YY STwagagnanr:t'D, T. ,:...;; , Y Thompson, A.W, Y Tolbert, T. . : Toles, E.B. YTown8end,I<.y. ; Triplett, Torn Y Tru)ucV,'R., '. Y Tucker, R.M,;: Tuten,.;. , .Vaughn, C.R, , : Veazey, M. .:..- Y Waddle,J.W. YY WWaalllk,eVr,.'L. '"".' Y Ware,:j'.C; ' . -., Y Watkins, L."" : Y Watson, RJi.^Tr. Y.Wheeler, Botoy White, J. , Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, tt. Y Wilson; J.M,; " Y Wood, J: : Y Wood, J.T..: ' : Mr. Speaker ;'.-, Oji i$g: passage of the Bill, the ayes were 143 ( pays 1. :.-.,.' ....'-. ' .V ,,..'.'; The Bill:, having received the requisite constitutional majority, -was passed. ,' HB 1639; :Bj>: Representative' Taggart of the l"25th: A BILL to amend an Act entitled the r "Iievenue Tax Act,to Legalize arid Control Alcohplic Beiyerages and Llquois'' so ; - as: to provide that certain persons, fimis, corporations OP organizations shall be ^ineligible for issuance of a retailer's 'license under certain -conditions;' and for ; . ;0ther purposes^ ; ..'.'- .;...". :s ,,,-....-.' .'..,..-.'.:''; The following substitute, offered by Representative Taggart of the 125th, was read and adopted: To amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages 'and Liquors,"^apploved February 3, 1938 (Ga. Laws 1937-38^ Ex. Sess., pj 103), as.amended, So as to provide that certain persons, firms,: corporations or organizations shalLibe, ineligible for issuance; of a retailer's license under certain conditions; to provide that certain^. persons, firms, corporations :or organizations shall be precluded from having : aniinterest in; a .retailer's license under; certain conditions; to define the term "person" as relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. :. ;-o, ;.-;.; -,j-. :-.: -.^,. --:'-<: . '.-.'. ,,:'. : .'> ,J : as foOllonwtsh-e ^p!as' sage of, .t' h"e..."B.''i"l'l.,,: b'y substi.t-u'te.,;' "t:h:,:e''. r:oll call w''_as- o] r'd-.;e''.re:d and th? e''' v"o: 't';e''"Was THURSDAY, FEBRUARY 23, 1978 1719 Y Adams, G. Y Adama, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruas, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Horne, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L, Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. N Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 149, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1840. By: Representatives Ware of the 68th, Argo of the 63rd, Castleberry of the lllth, Gammage of the 17th, and Bray of the 70th: A BILL to amend an Act to create an Authority to be known as the Georgia Residential Finance Agency so as to change the proportion of units financed by the agency which must be located inside or outside the Standard Metropolitan Statistical Areas of the State; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Horne, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. 1720 JOURNAL OF THE HOUSE, Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Traluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1848. By: Representatives Thompson of the 93rd, and Buck of the 95th: A BILL to amend Code Section 24-2715, relating to additional duties of clerks of superior courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Baigeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Fclton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the passage of the Bill, the ayes were 149, nays 0. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker THURSDAY, FEBRUARY 23, 1978 1721 The Bill, having received the requisite constitutional majority, was passed. HR 638-1777. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Clifton of the 107th, Adams of the 79th, Logan of the 62nd and Neesmith of the 82nd: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers; to author ize the General Assembly to appropriate funds for the administration of the plan and to finance the employer contributions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VIII, Paragraph XII of the Constitution of 1976 is hereby amended by adding a new paragraph 9. at the end thereof to read as follows: "9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to finance the administration of the plan and the employer contri butions of such retired persons?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. 'I Eargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckhsin, B. Y Benefifld. J. Birdsong, K. Y Eishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle. J. Y Carries, C. Carreil, B. Y Caaon, G. Y Castlebrrry. D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Coiwell, C.H. Connell, J. Y Cooper. B. Y Cox, W.E. Y Crosby, T. Y Culpenper, B. Y Daniel. G. Y Daugfasrty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawking, J. Y Hays, F.,Jr. 1722 JOURNAL OF THE HOUSE, Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y PhilUps, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Raves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1046. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufac turers, distillers, or wholesalers under certain conditions; and for other pur poses. The President has appointed on the part of the Senate the following Senators: Senators Reynolds of the 48th, Russell of the 10th, and Hill of the 29th. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1836. By: Representative Kemp of the 139th: A BILL to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abrogation; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), so as to change certain provisions THURSDAY, FEBRUARY 23, 1978 1723 relating to abrogation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1078), is hereby amended by striking in its entirety paragraph (1) of subsection (d) of Section 5 thereof and substituting in lieu thereof a new paragraph (1) of subsection (d) to read as follows: "(1) Insurers and self-insurers providing benefits without regard to fault described in Sections 3 and 4 shall not be subrogated to the rights of the person for whom benefits in those motor vehicle accidents involving two or more vehicles, at least one of which is a motor vehicle weighing more than 6,500 pounds unloaded. The right of recovery and the amount thereof shall be determined by agreement on the basis of tort law between the insurers or self-insurers involved; efv tf- they for! to agree, by binding intercompany arbitration under procedures approved by the Insurance Commissioner. Expenses incur red in exercising the rights of subrogation hereunder shall be at the sole expense of the insurers and self-insurers involved. If the responsible tort-feasor is uninsured or is not a self-insurer, the insurer or self-insurer providing benefits shall have a right of action to the extent of benefits provided against such tort-feasor only in the event that the person for whom benefits are provided has been completely compensated for all eco nomic and noneconomic losses incurred as a result of the motor vehicle accident." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderaon, W. Y Argo, B. N Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y ColweU, C.H. Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. 1724 JOURNAL OF THE HOUSE, Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 151, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1874. By: Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd, Gammage of the 17th, and Bray of the 70th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the composition of the Authority; to specify qualifications for certain public mem bers of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; and for other purposes. The following amendment was read and adopted: Representative Ware of the 68th moves to amend H. B. 1874 as follows: By striking Section 3 thereof in its entirety. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruse, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Caines, C. Cairell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawking, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbcrt, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker THURSDAY, FEBRUARY 23, 1978 1725 On the passage of the Bill, as amended, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following Resolution of the House was read and adopted: HR 745. By: Representatives Scott of the 123rd, Lucas of the 102nd, Hill of the 127th, Daugherty of the 33rd, Canty of the 38th and others: A RESOLUTION com mending Willie Joseph Woods; and for other purposes. The Speaker announced the House in recess until 2:00 o'clock, this afternoon. 1726 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. The following Resolution of the House was again read: HR 734. By: Representative Lee of the 72nd: A RESOLUTION Amending the Rules of the House; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 209 is hereby amended by adding after the following: "18. Natural Resources.", in the listing of House Committees the following: "19. Public Safety.", and by renumbering committees 19 through 27 as 20 through 28, respectively. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 90, nays 0. The Chair voted "aye". The resolution was adopted. The following Resolutions of the House and Senate were read and adopted: HR 746. By: Representatives Bolster of the 30th, Savage of the 25th, Marcus of the 26th, Nichols of the 27th and Murphy of the 18th: A RESOLUTION expressing regret at the passing of Mr. Charles Kingsley Arter III; and for other purposes. HR 747. By: Representatives Veazey of the 146th and Coleman of the 118th: A RESOLU TION commending the Tifton Tomboys girls' softball team; and for other pur poses. HR 748. By: Representative Adams of the 79th: A RESOLUTION commending the Georgia National Guard Unit of Thomaston, Georgia; and for other purposes. HR 749. By: Representative Adams of the 79th: A RESOLUTION commending Miss Renee Hardage; and for other purposes. HR 750. By: Representative Adams of the 79th: A RESOLUTION commending Mr.Kirk Straughan; and for other purposes. HR 751. By: Representative Adams of the 79th: A RESOLUTION commending Mr. Billy Mitcham and the Office of Civil Preparedness of Upson County; and for other purposes. HR 752. By: Representative Jones of the 126th: A RESOLUTION commending the Southside Volunteer Fire Department in Chatham County; and for other pur poses. THURSDAY, FEBRUARY 23, 1978 1727 HR 753. By: Representatives Colwell and Twiggs of the 4th: A RESOLUTION commend ing the children of Tiger Elementary School; and for other purposes. HR 754. By: Representatives Truluck of the 86th, Dent of the 85th, Daniel of the 88th, Swann of the 90th and others: A RESOLUTION commending Dr. Lawrence V. Bradley, Jr.; and for other purposes. HR 755. By: Representatives Butler, Tolbert and Johston of the 56th, Burton of the 47th, Robinson of the 58th and others: A RESOLUTION commending the DeKalb County Fire Department; and for other purposes. HR 756. By: Representatives Butler, Tolbert and Johnston of the 56th, Burton of the 47th, Robinson of the 58th and others: A RESOLUTION commending the DeKalb County Police Department; and for other purposes. HR 757. By: Representatives Canty of the 38th, Clark of the 55th, Deveaux of the 28th, and others: A RESOLUTION commending Mr. Edward Menifee; and for other purposes. HR 758. By: Representatives Toles of the 16th and Oldham of the 14th: A RESOLUTION commending certain members of organized labor serving as elected officials of Rome, Floyd County or Cave Spring, Georgia; and for other purposes. HR 759. By: Representatives Marcus of the 26th, Bolster of the 30th, Hawkins of the 50th, Nichols of the 27th and others: A RESOLUTION commending the Urban Life Associates; and for other purposes. HR 760. By: Representatives Jackson, Whitmire and Wood of the 9th and Kilgore of the 65th: A RESOLUTON commending Honorable Ronald Eugene Angel; and for other purposes. HR 761. By: Representatives Gignilliat of the 122nd, Battle of the 124th, Scott of the 123rd, Jones of the 126th and others: A RESOLUTION expressing sympathy at the passing of Honorable J. Marcus Stubbs; and for other purposes. HR 762. By: Representative McDonald of the 12th: A RESOLUTION commending the 1977 Jefferson High School Varsity Football "Dragons"; and for other purposes. HR 763. By: Representative McDonald of the 12th: A RESOLUTION commending the 1977 Commerce High School Football "Tigers"; and for other purposes. HR 764. By: Representatives Butler of the 56th, Williamson of the 45th, Burton of the 47th, Hawkins of the 50th and others: A RESOLUTION urging the Board of Commissioners and the Board of Education of DeKalb County to reduce the ad valorem tax millage rate; and for other purposes. HR 765. By: Representatives Canty of the 38th, Lucas of the 102nd, Scott of the 43rd, Glover of the 32nd and others: A RESOLUTION commending Heman M. Sweatt; and for other purposes. HR 766. By: Representatives Bargeron of the 83rd, Nessmith of the 82nd, Karrh of the 106th, Evans of the 84th and others: A RESOLUTION expressing regret at the passing of Mr. Orien L. Brooks; and for other purposes. 1728 JOURNAL OF THE HOUSE, HR 767. By: Representatives Clark of the 55th, Richardson of the 52nd, Steinberg of the 46th, Robinson of the 58th and others: A RESOLUTION encouraging the Board of Commissioners of DeKalb County to impose a voluntary freeze upon their salaries for a period of one year at the level of compensation being received by them on January 1, 1978; and for other purposes. HR 768. By: Representatives Swann of the 90th, Connell of the 87th, Dent of the 85th, Beckham of the 89th, Evans of the 84th and others: A RESOLUTION com mending the Augusta Opera Associations; and for other purposes. HR 769. By: Representative Childers of the 15th: A RESOLUTION commending Mrs. Buddy Childers; and for other purposes. The following Resolution of the Senate was read and adopted: SR 355. By: Senators Foster of the 50th, Carter of the 14th, and Starr of the 44th: A RESOLUTION commending Mr. Jack Knox Acree; and for other purposes. The following Resolutions of the House were read and referred to the committees: HR 770. By: Representative Edwards of the 110th: A RESOLUTION inviting Honorable Billy Carter to address the House of Representatives; and for other purposes. Referred to the Committee on Rules. HR 771. By: Representative Isakson of the 20th: A RESOLUTION authorizing and direct ing the House Motor Vehicles Committee to make a study relative to a system of motor vehicle lights for the aid of motorists; and for other purposes. Referred to the Committee on Motor Vehicles. HR 772. By: Representatives Glanton of the 66th, Burruss of the 21st, Harrison of the 20th, McDonald of the 12th, Johnson of the 66th, and others: A RESOLUTION creating the Joint Employee Stock Ownership Plan Study Committee; and for other purposes. Referred to the Committee on Industry. HR 773. By: Representative Ross of the 76th: A RESOLUTION declaring legislative intent regarding programs for gifted students, utilization of APEG Section 5 Special Education teaching personnel in local programs for the gifted; and for other purposes. Referred to the Committee on Education. HR 774. By: Representative Lee of the 72nd: A RESOLUTION amending the Rules of the House of Representatives; and for other purposes. Referred to the Committee on Rules. The following Resolution of the House was read and adopted: HR 775. By: Representatives Colwell and Twiggs of the 4th, Irvin of the 10th, Wood and Jackson of the 9th and others: A RESOLUTION commending Colonel Benjamin H. Purcell; and for other purposes. THURSDAY, FEBRUARY 23, 1978 1729 Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 774 Do Pass Respectfully submitted, Lee of the 72nd Chairman The following Resolution of the House was again read: HR 774. By: Representative Lee of the 72nd: A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that House Rule 111 is hereby amended by striking the second paragraph which reads as follows: "When the action sought to be reconsidered occurs on the last legislative day of the week, the motion for reconsideration shall be in order on the following Monday. When the action sought to be reconsidered occurs on the last day of the session, the same may be reconsidered during such day.", and inserting in lieu thereof a new second paragraph to read as follows: "When the action sought to be reconsidered occurs on the last legislative day of the week, the motion for reconsideration shall be in order on the following Monday. When the action sought to be reconsidered occurs on either of the last two days of the session, the same may be reconsidered on the day the action occurs. When the action sought to be reconsidered occurs on the last day on which a bill or resolution could be transmitted to the Senate in order to comply with any Senate rule relative to the first reading of House bills and resolutions in the Senate, the same may be reconsidered during such day." On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M, Y Linder, J. 1730 JOURNAL OF THE HOUSE, Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. On the adoption of the Resolution, the ayes were 147, nays 1. The Resolution was adopted. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1593. By: Representatives Harris of the 60th, and Johnson of the 72nd: A BILL to provide that liens for ad valorem taxes shall cover only the property against which the ad valorem tax that is the basis of the lien was assessed; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 92-5708, relating to liens for taxes, so as to provide that tax liens shall apply only to certain property in certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 92-5708, relating to liens for taxes, is hereby amended by adding at the end thereof the following: "When real property located within this State is transferred between the date on which the tax lien on such property vests and the date on which the tax evidenced by such tax lien shall become due and payable, the tax lien on such transferred property shall not extend to cover any other real property of the transferor.", so that when so amended, Code Section 92-5708 shall read as follows: "92-5708. Liens for taxes, whether ad valorem, specific, or occupation, due the State, any county thereof, or municipal corporation therein, shall cover the property of tax payers liable to tax, from the time fixed by law for valuation of the same in each year until such taxes are paid, and the property of tax collectors and their sureties from the time of giving bond until all taxes for which they are responsible shall be paid. Such liens for taxes are hereby declared superior to all other liens, except that the title and operation of a security deed shall be superior to the lien for taxes assessed against the owner of property when such lien for taxes represents an assessment upon property of such owner other than that property specifically covered by the title and operation of the security deed, and shall rank among themselves as follows: First, taxes due the State; second, taxes due the counties of the State; third, taxes due to municipal corpora tions of the State. When real property located within this State is transferred between the date on which the tax lien on such property vests and the date on which the tax evidenced by such tax lien shall become due and payable, the tax lien on such trans ferred property shall not extend to cover any other real property of the transferor." THURSDAY, FEBRUARY 23, 1978 1731 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 795. By: Representatives Coleman of the 118th, Foster of the 152nd, Tuten of the 153rd, and Ramsey of the 3rd: A BILL to amend Code Chapter 44-3, relating to arrest within this State of certain fugitives from justice and proceedings con nected therewith, so as to authorize an officer of another state in fresh pursuit of a person believed to have committed a felony in such other state to enter this State for the purpose of arresting such person; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 27-2, relating to arrest so as to authorize an officer of another state in fresh pursuit of a person believed to have committed a felony in such other state to enter this state for the purpose of arresting such person; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 27-2, relating to arrest is hereby amended by adding at the end thereof a new Code Section to be designated Code Section 27-223 to read as follows: "27-223. Fresh pursuit; authority of officers of other states. Any duly authorized arresting officer of another state of the United States who enters this state in fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state shall have the same authority to make said arrest as has any law enforcement officer of this state." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HR 542-1532. By: Representative Peters of the 2nd: A RESOLUTION authorizing the dis posal of a tract of State-owned property; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 111, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 647-1806. By: Representatives Peters of the 2nd, and Ramsey of the 3rd: A RESOLU TION authorizing the conveyance of certain State-owned property to the City of Ringgold, Georgia; and for other purposes. 1732 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, E.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 127, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Representative Pilewicz of the 41st stated that he had been called from the floor of the House when the roll was called on the adoption of HR 647-1806, but had he been present would have voted "aye" thereon. HR 651-1826. By: Representatives Rainey of the 135th, and Sizemore of the 136th: A RESOLUTION designating the park administration building at Georgia Vet erans Memorial State Park as "The General Courtney Hicks Hodges Building"; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 130, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. HR 713-1916. By: Representatives Foster of the 6th, and Colwell of the 4th: A RESOLU TION authorizing the conveyance of certain State-owned real property located in Walker County, Ga., to ROL, Inc., and the acceptance of certain property owned by ROL, Ire,, located in Waiker County, Ga.; and for other purposes. THURSDAY, FEBRUARY 23, 1978 1733 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 122, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 663-1850. By: Representatives Tuten of the 153rd, and Auten of the 154th: A RESO LUTION authorizing the conveyance of certain State-owned real property locat ed in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1952. By: Representatives Murphy of the 18th, and Pinkston of the 100th: A BILL to amend an Act known as the "Georgia State Financing and Investment Com mission Act" so as to change definitions; to change references to the Constitu tion; to delete references to the "State Treasurer" and replace such references with the "Director, Fiscal Division, Department of Administrative Services"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 188. By: Representatives Taggart of the 125th, Snow of the 1st, Tucker of the 73rd, Bray of the 70th, Hatcher of the 131st, and Childs of the 51st: A BILL to pro vide for uniform practice and procedure in any traffic case in any court in this State; to provide for construction; to provide for local rules; to provide for defi nitions of terms used in this Act; to provide for the form of summons and com plaint; to provide for contempt proceedings; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for uniform practice and procedure in any traffic case in any court in this State; to provide for construction; to provide for local rules; to provide for definitions of terms used in this Act; to provide for the form of summons and complaint; to provide for contempt proceedings; to provide for procedure on failure to appear; to provide for the separate trial of traffic cases; to provide for a traffic violations bureau, its functions, duties, authority, jurisdiction, fines and payment and receipt thereof, and processing of cases; to provide for bond and bail; to provide for classification of certain offenses; to pro vide penalties; to provide for the computation of time; to provide for the disqualification of judges; to provide for severability; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. When Applicable. This Act shall govern practice and procedure in any traffic case wherein a penalty not to exceed 12 months may be imposed whether prose- 1734 JOURNAL OF THE HOUSE, cuted in the name of the State, any subdivision of it, or an incorporated municipality, and specifically apply to practice and procedure in municipal courts, mayor's courts, magistrate's courts, recorder's courts, county courts, probate courts, State courts and supe rior courts and any other courts having jurisdiction of traffic cases. The provisions of this Act apply in juvenile courts to all cases concerning juvenile traffic offenses to the extent that they do not conflict with the provisions of Title 24A of the Code of Georgia, as amended. Section 2. Purpose and Construction. The provisions of this Act will be construed to secure simplicity and uniformity in procedure, fairness in administration and the elimi nation of unnecessary expense and delay in traffic cases, as hereinafter defined. Section 3. Local Rules. Local rules of any court to which this Act applies shall be supplementary to these rules. Each court shall publish its local rules in the jurisdiction of the court and keep copies for inspection. Any local court rule contrary to this Act may be vacated by court order prior to the effective date of this Act and shall be vacated by operation of law on the effective date of this Act. Section 4. Definitions. The following terms shall have the meaning respectively ascribed to them in this Section: (a) "Court" means any court to which these rules apply and the judge, magistrate, ref eree, or other presiding official. (b) "Judge" means any judicial officer authorized by law to preside over a court to which this Act shall apply. (c) "Law" includes the Constitution of the United States, the State of Georgia, its laws, statutes, ordinances, and judicial decisions. (d) "Clerk" means clerk of the initiating court or trial court. (e) "Open court" shall mean in a courtroom as provided or judge's chambers of suit able judicial decorum. (f) "Prosecuting attorney" means a district attorney, a solicitor of a State or county court or an attorney who represents a municipality in the prosecution of a defendant for the violation of a statute or ordinance. (g) "Offense" means any violation of a statute or ordinance within the jurisdiction of a court to which these rules apply. (h) "Traffic cases" means all prosecutions for violations of the laws and ordinances concerning the operation and use of vehicles, including conduct of pedestrians in relation thereto, wherein the maximum punishment upon conviction does not exceed 12 months. Section 5. Complaint-Summons-Form Use. All prosecutions for traffic violations by law enforcement officers shall be by uniform traffic citation as provided for in an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148), relating to uniform traffic citations and complaints, as amended, or by accusation. Section 6. Contempt; Criminal; Summary Punishment; Order; Other Contempt Pro ceedings; Notice; Bail; Disqualification of Judge; Order, (a) A criminal contempt may be punished summarily: (1) if the judge certifies that it was committed in the actual presence of the court; (2) in all instances of failure to obey a properly served subpoena, or lawful order of the court. The order of contempt shall recite the facts and shall be signed by the judge and filed with the clerk of the court. (b) A criminal contempt except as provided in subsection (a) of this Section shall be prosecuted on notice. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts con stituting the criminal contempt charged and described as such. The notice shall be given orally by the judge in open court in the presence of the defendant or, on application of the prosecuting attorney, by an order to show cause or bench warrant. The defendant is entitled to admission to bail. If the contempt charge involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial except with the defendant's THURSDAY, FEBRUARY 23, 1978 1735 consent. Upon a finding of guilt, the court shall enter an order reciting the essential facts constituting the criminal contempt and fixing the punishment. Section 7. Procedure on Failure to Appear; Warrant; Notice, (a) The court may direct the issuance of a bench warrant for the arrest of any resident of the State, or any nonresident upon whom process may be served in the State, who fails to appear and answer a traffic complaint or summons lawfully served upon him and against whom a com plaint or accusation has been filed. (b) If a warrant is not issued, or if it is not served within 30 days after issuance, the court may place the case in an inactive file. In the case of bond forfeiture the court may place the case in a file of cases disposed of and shall report this fact to the driver's license issuing authority of the Department of Public Safety. The case shall be subject to being reopened if thereafter the defendant appears or is apprehended. (c) If a defendant is not a resident of this State and fails to appear or answer a traffic complaint, the clerk of the court or the court shall mail notice to the defendant at the address stated in the complaint and to the driver's license issuing agency in the defen dant's home state. The mailing of notice in parking cases shall be discretionary with the court. If the defendant fails to appear or answer within 30 days after the mailing of notice, the court shall place the case in an inactive file subject to being reopened if thereafter the defendant appears or answers or a warrant is issued and served. (d) The waiting period imposed herein shall not affect any proceedings or forfeiture of bail. Section 8. Traffic Cases Tried Separately, (a) Insofar as practicable, traffic cases shall be tried separately from other cases. (b) When a court sits in divisions and one division has been designated as a traffic court, traffic cases shall be tried or pleas received in that division only, except for good cause shown. (c) Where a court has designated a particular session as a traffic session, traffic cases shall be tried or pleas received only in that session, except for good cause shown. Section 9. Traffic Violations Bureau, (a) Under the conditions specified in subsection (b) of this Section, a court may establish by rule a traffic violations bureau. The function of the bureau shall be to accept appearances, waiver of trial, pleas of guilty and payment of fines and costs, subject to the limitations prescribed. The bureau and its personnel shall be under the direction and control of the court. (b) The court may by rule designate the traffic violations within the authority of the bureau. The order may be amended or rescinded from time to time. No rule shall desig nate any of the following traffic offenses for processing by the traffic violations bureau: (1) Offenses indictable as felonies; (2) Offenses resulting in death, personal injury, or property damage; (3) Operation of or actual physical control of a motor vehicle while under the influ ence of alcohol or any drug; or permitting another person so to operate a motor vehi cle owned by the defendant or in the defendant's custody or control while such other person is under such influence; (4) Leaving the scene of an accident; (5) Driving while under suspension or revocation of driver's license; (6) Driving without being licensed to drive; (7) Exceeding the speed limit by more than 25 mph; (8) Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child; (9) Fleeing or attempting to elude a police officer; (10) Incompetent driver (mentally, physically or who has been declared incompe tent by a court of competent jurisdiction); (11) Any violation otherwise eligible for processing by a traffic violations bureau for which the officer, by reason of the unusually dangerous circumstances surrounding the violation marked the notice to appear as "personal appearance required", or words substantially the same. 1736 JOURNAL OF THE HOUSE, (c) The court shall prominently post in the place where fines are to be paid in the violations bureau a schedule of the amount of fines to be imposed for offenses declaring each offense specifically in the schedule, providing that such fines are within the limits declared by statute or ordinance. Fines and costs shall be paid to, receipted by and accounted for by the violations bureau or proper authority in accordance with these rules. (d) Within the time fixed by rule of the court any person charged with a parking, weight, load, pedestrian, equipment violation or any other violation not set forth above in subsection (b) of this Section may mail the amount of the fine and cost indicated on the schedule for the violation to the violations bureau or may pay the fine and costs in person at the bureau. (e) The court may appoint a clerk or a deputy clerk or deputy clerks who shall be named in the order for the purpose of receiving money as provided herein. Such person or persons shall be bonded for not less than $3,000. (f) In the event an officer has authority to issue a citation and summons to a traffic violations bureau but declines to do so because of his belief that such person will not obey the summons and agreement to appear, such officer may carry such a person to the traffic violations bureau and such person may be allowed to post a cash bond for his appearance. (g) All cases processed in the violations bureau shall be numbered, tabulated, and reported for identification and statistical purposes. Cases disposed of by the violations bureau shall be reported as required by an Act approved April 6, 1972 (Ga. Laws 1972, p. 1148), relating to uniform traffic citations and complaints, as amended, and points assessed by the Department of Public Safety as required by an Act approved March 27, 1968 (Ga. Laws 1968, p. 430), relating to suspension of licenses, as amended. (h) Procedure on failure of person cited to appear; traffic violations distinguished from misdemeanors. (1) If any person fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond, as provided herein, the traffic violations bureau thereupon loses jurisdic tion and the court may direct the issuance of a bench warrant. Such defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors. (2) Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a petty offense. (i) Penalty for failure of person cited to appear. A willful failure of any person to appear in accordance with his written promise contained on the summons and served upon him shall constitute a separate offense which shall be punishable by fine in an amount not to exceed $50, or by incarceration for a period not to exceed three days. (j) Bureau to have charge of probated sentence of court. The court may by rule pro vide that for administrative purposes only the traffic violations bureau of said court, in addition to the duties herein set out, shall be responsible for collecting fines imposed upon persons convicted in the court where probation includes the payment of a fine. The person or persons in the bureau shall be authorized, where the judge imposing the sentence authorizes to the same therein, to permit such persons receiving probated sentences, in addition to the other conditions imposed in the probated sentence, to pay the fine in installments. The person or persons responsible for the administration of the probated sentence shall be responsible for collecting the said probated sentence fine, by installments if necessary and authorized by the court and for notifying the court of persons who fail in this respect to comply with the conditions of the probated sentence. (k) Bureau to have charge of suspended sentence of court. The court may provide by rule that for administrative purposes only the traffic violations bureau of said court, in addition to the duties herein set out, shall be responsible for collecting fines imposed upon persons convicted in the court where the sentence is suspended upon the payment of a fine. The person or persons in the bureau shall be authorized, where the judge imposing the sentence suspends the same upon payment of a fine to permit such persons receiving suspended sentences, in addition to the other conditions imposed in the suspended sen tence, to pay the fine in installments. The person or persons responsible for the adminis tration of the suspended sentence shall be responsible for collecting the said suspended sentence fine, by installments if necessary and authorized by the court, and for notifying THURSDAY, FEBRUARY 23, 1978 1737 the court of persons who fail in this respect to comply with the conditions of the sus pended sentence. Section 10. Time. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, a method of computation prescribed by an Act approved March 18, 1966 (Ga. Laws 1966, p. 609), relating to civil practice, as amended, shall be used. Section 11. Disqualification of Judge, (a) The State or the defendant may move to have the judge disqualify himself for any of the reasons provided by law or the Code of Judicial Conduct, as amended. (b) Every motion to disqualify shall be in writing and be accompanied by two or more affidavits setting forth facts relied upon to show the grounds for disqualification, and a certificate of counsel of record that the motion is made in good faith. (c) A motion to disqualify a judge shall be filed in not less than 3 days before the time the case is called for trial unless good cause is shown for failure to so file within such time. (d) The judge presiding shall examine the motion and supporting affidavits to disqual ify him to determine if the motion arises under the terms of the Code of Judicial Conduct provided for in the Remittal of Disqualification. If the motion does arise under these terms, the judge shall proceed as provided for in the Remittal of Disqualification. If the disqualification is not remitted as provided, or if the motion does not arise under these terms of the Code of Judicial Conduct, then the judge presiding shall examine the motion and supporting affidavits to disqualify him for prejudice to determine their legal sufficien cy only, but shall not pass on the truth of the facts alleged nor adjudicate the question of disqualification. If the motion affidavits are legally sufficient, the presiding judge shall enter an order disqualifying himself and proceed no further therein. Another judge shall be designated in a manner prescribed by law for the substitution of judges for the trial of causes where the judge presiding is disqualified. (e) When the prosecuting attorney or defendant shall have suggested the disqualifica tion of a trial judge, and an order shall have been made admitting the disqualification of such judge, and another judge shall have been assigned to act in lieu of the judge so held to be disqualified, the judge so assigned shall not be disqualified on account of alleged prejudice against the party making the motion in the first instance, or in favor of the adverse party, unless such judge shall admit and hold that it is then a fact that he, the said judge, does not stand fair and impartial between the parties. If such judge shall hold, rule and adjudge that he does stand fair and impartial between the parties and their respective interests, he shall cause such ruling to be entered on the minutes of a court, and shall proceed to preside as judge in the pending cause. The ruling of such judge may be reviewed on appeal as are other rulings of the trial judge. Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 13. This Act shall become effective January 1, 1979. Section 14. Specific Repealer. An Act authorizing and establishing a Traffic Viola tions Bureau, approved March 10, 1966 (Ga. Laws 1966, p. 381) is hereby repealed. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. 1738 JOURNAL OF THE HOUSE, On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Bishop, S. Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. N Culpepper, B. Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Dixon, H.D. Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. NIrvin, J. Y Irvin, R. N Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. N Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. N Phillips, L.L. Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. Ware, J.C. Y Watkina, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Whitmire, D. Williams, H.L. N Williams, R. Y WiUiamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 95, nays 37. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1533. By. Representative Hatcher of the 131st: A BILL to amend Code Section 92-3216, relating to secrecy required of State income tax officials, so as to pro vide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an effective date; and for other purposes. The following Committee substitute was read and withdrawn by unanimous consent: A BILL To amend Code Section 92-3216, relating to secrecy required of State income tax offi cials, so as to provide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 92-3216, relating to secrecy required of State income tax officials, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-3216 to read as follows: THURSDAY, FEBRUARY 23, 1978 1739 "92-3216. Secrecy required of officials; information to federal officers; preservation of reports and returns; exceptions.--(a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the State Revenue Commission Commissioner, any agent, clerk, or other officer or employee or any former officer or employee, to divulge or make known in any manner the amount of income or any partic ulars set forth or disclosed in any report or return required under this tew the law of this State or any return or return information required by the Internal Revenue Code when the information or return is received from the Internal Revenue Service or submit ted by the taxpayer as provided by the law of this State. Nothing herein contained in this Section shall be construed to prohibit the publication of statistics, so classified as to prevent the identification of particular reports or returns and the items thereof, or the inspection by the Attorney General or other legal representative of the State of the report or return of any taxpayer who shall bring action to set aside or review the tax based thereon, or against whom an action or proceeding has been instituted to recover any tax or any penalty imposed by this law. Reports and returns shall be preserved for three years and thereafter until the Commiasion Commissioner orders them to be destroyed. (b) Notwithstanding the provisions ef- this section, the Commiasion The Commissioner may permit the Commissioner of Internal Revenue of the United States, or the proper officer of any state imposing an income tax similar to that imposed by this law, or the authorized representative of either such officer, to inspect the income tax returns of any taxpayer, or may furnish to such officer or his authorized representative an abstract of the return of income of any taxpayer or supply him with information concerning any item of income contained in any return, or disclosed by the report of any investigation of the income or return of income of any taxpayerT. bat such permission Such permission shall be granted, or such information shall be furnished to such officer or his representa tive, only if the: (1) The request is only for State tax information, including federal tax information required by the State to be filed by the taxpayer with the State return; and (2) The requested information will be used solely for tax purposes; and (3) The requesting State has a confidentiality statute which complies with the requirements of I.R.C. Section 6103 (p) (8); and (4) The statutes of the United States or of such other state, as the case may be, grant substantially similar privileges to the proper officer of this State charged with the administration of this law. (c) Nothing herein shall The provisions of this Section shall not be construed to pro hibit persons, or groups of persons, other than employees of the State Revenue Depart ment from having access to tax information where necessary for data processing operations and maintenance of data processing equipment; provided such persons, or groups of persons, have obtained prior approval from the State Revenue Commissioner and are subject to the direct security control of Revenue Department personnel during subject periods of access. Any person who divulges or makes known any tax information obtained hereunder shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the State Revenue Department. (d) Notwithstanding the provisions of any other law, the provisions of this Section shall remain in full force and effect, unless specific reference is made in such other law to this Section and to the disclosure of income tax information contained in any report or return required under this law." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following substitute, offered by Representative Hatcher of the 131st, was read and adopted: 1740 JOURNAL OF THE HOUSE, A BILL To amend Code Section 92-3216, relating to secrecy required of State income tax offi cials, so as to provide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 92-3216, relating to secrecy required of State income tax officials, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-3216 to read as follows: "92-3216. Secrecy required of officials; information to federal officers; preservation of reports and returns; exceptions.--(a) Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for the State Revenue Commiasion Commissioner, any agent, clerk, er other officer OF, employee; or agent or any former officer, employee, or agent, to divulge or make known in any manner the amount of income or any particulars set forth or disclosed in any report or return required under this law the law of this State or any return or return information required by the Internal Revenue Code when the information or return is received from the Internal Revenue Service or submitted by the taxpayer as provided by the law of this State. Nothing herein contained in this Section shall be construed to prohibit the publication of statistics, so classified as to prevent the identification of particular reports or returns and the items thereof, or the inspection by the Attorney General or other legal repre sentative of the State2 or use as evidence, of the report or return of any a taxpayer who the event of any action or proceeding has been instituted te recover any tax er any pen alty imposed by this law involving any tax liability of the taxpayer. Reports and returns shall be preserved for three years and thereafter until the Commission Commissioner orders them to be destroyed. (b) Notwithstanding the provisions ef this acction, the Commission The Commissioner may permit the Commissioner of Internal Revenue of the United States, or the proper officer of any state imposing an income tax similar to that imposed by this law, or the authorized representative of either such officer, to inspect the income tax returns of any taxpayer, or may furnish to such officer or his authorized representative an abstract of the return of income of any taxpayer or supply him with information concerning any item of income contained in any return, or disclosed by the report of any investigation of the income or return of income of any taxpayer^. bt such permission Such permission shall be granted, or such information shall be furnished to such officer or his representa tive, only if th: (1) The request is only for State tax information, including federal tax information required by the State to be filed by the taxpayer with the State return; and (2) The requested information will be used solely for tax purposes; and (3) The requesting State has a confidentiality statute which complies with the requirements of I.R.C. Section 6103 (p) (8); and (4) The statutes of the United States or of such other state, as the case may be, grant substantially similar privileges to the proper officer of this State charged with the administration of this law. (c) The Commissioner may permit the disclosure of inventories, depreciable assets, accumulated depreciation and book value of depreciable assets to local taxing authorities in this State to be used solely for ad valorem tax purposes; provided, that the furnishing of such information is not prohibited by Section 6103 of the Internal Revenue Code of 1954; and provided, further, that the furnishing of such information to the local taxing authorities shall not be deemed to change the confidential character of such information and any persons receiving such information within the authority of this paragraph shall be subject to the provisions of Code Section 92-9914, relating to the sanctions to be imposed for the unauthorized disclosure of confidential material. THURSDAY, FEBRUARY 23, 1978 1741 (d) Nothing herein shall The provisions of this Section shall not be construed to pro hibit persons, or groups of persons, other than employees of the State Revenue Depart ment from having access to tax information where necessary for data processing operations and maintenance of data processing equipment; provided such persons, or groups of persons, have obtained prior approval from the State Revenue Commissioner and are subject to the direct security control of Revenue Department personnel during subject periods of access. Any person who divulges or makes known any tax information obtained hereunder shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the State Revenue Department. (e) Notwithstanding the provisions of any other law, the provisions of this Section shall remain in full force and effect, unless specific reference is made in such other law to this Section and to the disclosure of income tax information contained in any report or return required under this law." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swarm, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 1742 JOURNAL OF THE HOUSE, HB 1838. By: Representatives Hatcher of the 131st, Galer of the 97th, and Marcus of the 26th: A BILL to amend Code Chapter 49-6, relating to the appointment of guardians for insane and certain other persons, so as to change certain refer ences to other Code Sections being amended; to provide for full and fair hear ings and notice; to provide for certain hearings and findings by a commission and the proceedings related thereto; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1804. By: Representatives Peters of the 2nd, and Ramsey of the 3rd: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide for distribution of revenues from the local option sales and use tax in all counties having a population of not less than 27,500 and not more than 28,500 according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Buck, T.B. Y Burrusa, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Coleman, T. CoUins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 137, nays 2. The Bill, having received the requisite constitutional majority, was THURSDAY, FEBRUARY 23, 1978 1743 HB 1014. By: Representative Greer of the 43rd: A BILL to amend Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, so as to authorize the sale of variable life insurance; to provide definitions; to provide conditions; to provide limitations; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 56-10, relating to investment provisions of the Georgia Insur ance Code, as amended, so as to authorize the sale of variable life insurance; to provide definitions; to provide conditions; to provide limitations; to provide for policy contents; to prohibit delivery or issuance of such policies by certain companies; to authorize regulation by the Insurance Commissioner; to prohibit sale or offer for sale of such policies by certain persons; to provide for application of other provisions of the Georgia Insurance Code; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 56-10, relating to investment provisions of the Georgia Insurance Code, as amended, is hereby amended by adding a new Section after Code Section 56-1041, to be designated Code Section 56-1042, to read as follows: "56-1042. Variable life insurance policies. (1) As used in this Section, 'variable life insurance policy' means any individual or group policy issued by an insurance company providing for life insurance (and benefits incidental thereto) under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed. (2) A domestic life insurance company may establish one or more separate accounts and may allocate thereto amounts (including without limitation proceeds applied under optional modes of settlement or under dividend options) to provide for life insurance (and benefits incidental thereto), payable in variable amounts, subject to the following: (a) The income, gains and losses, realized or unrealized, from assets allocated to a separate account shall be credited to or charged against the account, without regard to other income, gains or losses of the company. (b) Except as hereinafter provided, amounts allocated to any separate account and accumulations thereon may be invested and reinvested without regard to any require ments or limitations prescribed by the laws of this State governing the investments of domestic life insurance companies; provided, that to the extent that the company's reserve liability with regard to (i) benefits guaranteed as to amount and duration, and (ii) funds guaranteed as to principal amount or stated rate of interest is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in accordance with the laws of this State governing the investment of reserves of life insurance companies. The investments in such separate account or accounts shall not be taken into account in applying the investment limitations applicable to other investments of the company. (c) To the extent any such domestic company deems it necessary to comply with any applicable federal or State laws, such company, with respect to any separate account, including without limitation any separate account which is a management investment company or a unit investment trust, may provide for persons having an interest therein, appropriate voting and other rights and special procedures for the conduct of the business of such account, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of independent public accountants and the selection of a committee, the members of which need not be otherwise affiliated with such company, to manage the business of such account. This provision shall not affect existing laws pertaining to the voting 1744 JOURNAL OF THE HOUSE, rights of the life insurance company's stockholders or policyholders except as herein provided. (d) No domestic company shall, for any separate account, purchase the voting securities of a single issuer if such purchase would result in such company and all domestic insurance companies directly or indirectly controlling, controlled by, or under common control with such company holding in such company's or companies' separate account or accounts in excess of 10 percent of the total issued and outstand ing voting securities of such issuer provided that the foregoing shall not apply with respect to securities held in separate accounts, the voting rights in which are exercisable in accordance with instructions from persons having interests in such accounts. This limitation shall not apply to the investment for a separate account in the securi ties of an investment company registered under the Investment Company Act of 1940. (e) Unless otherwise approved by the Commissioner, assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then as provided under the terms of the policy or the rules or other written agreement applicable to such separate account; provided, that unless otherwise approved by the Commissioner, the portion, if any, of the assets of such separate account equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in (2) (b) shall be valued in accordance with the rules otherwise applicable to the company's assets. (f) Amounts allocated to a separate account in the exercise of the power granted by this Section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to such amounts. If and to the extent so provided under the applicable contracts, that portion of the assets of any such sep arate account equal to the reserves and other contract liabilities with respect to such account shall not be chargeable with liabilities arising out of any other business the company may conduct. (g) No sale, exchange or other transfer of assets may be made by a company between any of its separate accounts or between any other investment account and one or more of its separate accounts unless, in case of a transfer into a separate account, such transfer is made solely to establish the account or to support the oper ation of the policies with respect to the separate account to which the transfer is made, and unless such transfer, whether into or from a separate account, is made (i) by a transfer of cash, or (ii) by a transfer of securities having a readily determinable market value, provided that such transfer of securities is approved by the Commis sioner. The Commissioner may approve other transfers among such accounts if, in his opinion, such transfers would not be inequitable. (3) Each domestic life insurance company shall have the power within the limits of its corporate charter to do all things necessary under any applicable State or federal law in order that variable life insurance policies may be lawfully sold or offered for sale including, without limitation, the power to provide for management of a separate account by persons who may otherwise be unaffiliated with the life insurance company and the power to grant in connection with such policies such voting rights as are set forth in (2) (c) above. Each domestic life insurance company may allocate from its gen eral accounts to each separate account established under this Section an initial cash amount necessary to meet minimum capitalization requirements for such account as pre scribed by the Securities and Exchange Commission, provided, that the total of all such allocations shall not exceed 10 percent of the company's assets or $1,000,000, whichever is Jess. Any such allocation may be withdrawn when sufficient amounts have been received by the company in connection with variable life insurance policies and allocated to a separate account to meet the minimum capitalization requirement. (4) Any variable life insurance policy issued under this Section shall contain a state ment of the essential features of the procedure to be followed by the company in deter mining the dollar amount of variable benefits provided under such policy. Any such policyj including a group contract and certificates in evidence of variable benefits issued thereunder, shall state that such dollar amount will vary to reflect investment experi ence and shall contain on its first page a statement to the effect that benefits there under are on a variable basis. THURSDAY, FEBRUARY 23, 1978 1745 (5) (a) No company shall deliver or issue for delivery variable life insurance policies within this State unless (1) it has a current Certificate of Authority to transact life insurance in this State; and (2) the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such policies will not render its operation hazardous to the public or its policyholders in this State. In this connec tion, the Commissioner shall consider among other things: (i) The history and financial condition of the company; (ii) The experience, character, responsibility and fitness of the officers and direc tors of the company; and (iii) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies. (6) The Insurance Commissioner shall have sole and exclusive authority to regulate the solicitation, sale and issuance of variable life insurance policies and to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this Section; and such policies, the companies which issue them and the agents or other persons who sell them shall not be subject to the Georgia Securities Act in the sale of such policies. (7) Notwithstanding any other laws of this State, no person shall, within this State, sell or offer for sale variable life insurance contracts as defined in this Act unless such person shall have both a valid and current life insurance license and variable life insur ance license issued by the Insurance Commissioner. No such license shall be issued unless and until the Insurance Commissioner is satisfied, after examination, that such person is by training, knowledge, ability and character qualified to act as such a variable life insurance agent. The Commissioner may reject any application or suspend or revoke or refuse to renew any variable life insurance agent's license upon any ground that would bar such applicant or such agent from being licensed to sell life insurance con tracts in this State or for the violation of any Federal or State securities, laws or regula tions. The rules governing any proceedings relating to the suspension or revocation of a life insurance agent's license shall also govern any proceedings for the suspension or revocation of a variable life insurance agent's license. Renewal of a variable life insur ance agent's license shall follow the same procedure established for renewal of an agent's license to sell life insurance contracts in this State. (8) No variable life insurance policy or certificate issued pursuant to the provisions of this Section shall be construed to violate the provisions of Georgia Code Section 56-2508 (Ga. Laws 1960, pp. 289, 689), and the sale or offer of any such policy or certifi cate shall not be deemed an unfair method of competition or an unfair or deceptive act or practice in the business of insurance in violation of the provisions of Georgia Code Sections 56-704 (6) and 56-704 (8) (Ga. Laws 1960, pp. 289, 386, 397). (9) (a) Except for Georgia Code Sections 56-2503 (1) (a), 56-2503 (1) (e), 56-2503 (1) (f), 56-2503 (g), 56-2503 (1) (h), 56-2504 and 56-2704 (1) and except as otherwise pro vided in this Act, all pertinent provisions of the Georgia Insurance Code shall apply to separate accounts and variable life insurance policies relating thereto. The Insur ance Commissioner, by regulation, may require that any individual variable life insur ance policy delivered or issued for delivery in this State contain provisions as to grace, reinstatement and nonforfeiture appropriate for such a policy; and any such group variable life insurance policy shall contain a provision for grace and nonforfeiture appropriate to such a policy. (b) The reserve liability for variable life insurance policies shall be determined in accordance with actuarial procedures approved by the Commissioner that recognize the variable nature of the benefits provided and any mortality guarantees." Section 2. The Insurance Commissioner shall have authority to adopt rules and regu lations necessary for the implementation of this Act. Section 3. Section two (2) of this Act shall become effective July 1, 1978. All other provisions of this Act shall become effective March 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. 1746 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. N BurrusB, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. ColweU, C.H. N Connell, J. N Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davia, B. Y Dean, D.C. Dent, R.A. Deveaux, C. Y DUon, H.D. N Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. Y GignUliat, A. Glanton, Tom Glover, M. N Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. N Manner, B. Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. N Housley, E. Hudson, Ted Y Hutchinson, R.S. N Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. Y Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. McDonald, L. N McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. N Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 94, nays 42. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Scott of the 123rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1014, by substitute. HB 1937. By: Representative Adams of the 36th: A BILL to amend an Act to establish a Department of Community Affairs and provide its powers, duties and func tions so as to transfer to said Department of Community Affairs the responsi bility directly or in cooperation with other agencies to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activi ties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderaon, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. THURSDAY, FEBRUARY 23, 1978 1747 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y ConneU, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. Y Felton, D. Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milfo.-d, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y PhUlips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 1230. By: Representatives Baugh of the 108th, Parham of the 109th, and Clark of the 13th: A BILL to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to the service necessary for retirement and the calculation of service retirement benefits; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. N Burruss, A.L. N Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. N Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y ConneU, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. N Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. N Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. N Jones, Herb N Kaley, M. N Karrh, R. 1748 JOURNAL OF THE HOUSE, Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. N Nii, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Y Smyie, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. N Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 106, nays 46. The Bill, having received the requisite constitutional majority, was passed. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was again taken up for consideration: HR 458-1312. By: Representatives Scott of the 123rd, Wood of the 9th, Hays of the 1st, Owens of the 77th, Bargeron of the 83rd, Galer of the 97th, Crosby of the 150th, Triplett of the 128th, Taggart of the 125th, Hill of the 127th, and Holmes of the 39th: A RESOLUTION Proposing an amendment to the Constitution, so as to provide for 3 program of free tuition for certain veterans who have completed at least two years of study, for which tuition has been paid, in a unit of the University System of Georgia; to provide for sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph III, to read as follows: "Paragraph III. Program for Veterans. The Board of Regents is hereby authorized and directed to establish and implement, by not later than the beginning of the fall quarter of 1979, a program of free tuition for veterans who received honorable discharges from the armed forces of the United States and who have completed at least two years of study, for which tuition has been paid, in a program of study leading to a bachelor's or master's degree in a unit of the University System of Georgia. Such program shall not include free tuition for study in dental, medical, veterinary, pharmacy or law schools nor for study leading to a Ph.D. degree or a second or subsequent bachelor's or master's degree. The Board of Regents shall promulgate and adopt rules and regulations to implement and carry out the provisions of this Paragraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for a program of free tuition for certain veterans who have completed at least two years of stui'.y, for which tuition has been paid, in a unit of the University System of Georgia?" THURSDAY, FEBRUARY 23, 1978 1749 All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution, so as to provide for a program of free tuition for certain veterans who have completed at least two years of study, for which tuition has been paid, in a unit of the University System of Georgia; to provide for sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph III, to read as follows: "Paragraph III. Program for Veterans. The Board of Regents is hereby authorized to establish and implement a program of free tuition for veterans who received honor able discharges from the armed forces of the United States and who have completed at least two years of study, for which tuition has been paid, in a program of study leading to a bachelor's or master's degree in a unit of the University System of Georgia, when ever funds are available for this program. Such program shall not include free tuition for study in dental, medical, veterinary, pharmacy or law schools nor for study leading to a Ph.D. degree or a second or subsequent bachelor's or master's degree. The Board of Regents shall promulgate and adopt rules and regulations to implement and carry out the provisions of this Paragraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for a program of free tuition for certain veterans who have completed at least two years of study, for which tuition has been paid, in a unit of the University System of Georgia?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdnong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. N Clifton, A.D. Y Coleman, T. N Collins, M. Colwell, C.H. 1750 JOURNAL OF THE HOUSE, Y Connell, J. Y Cooper, B. COT, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y DUon, H.D. Y Dover, BiU Y Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. NIrvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. N Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. N McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. N Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 119, nays 27. The Chair voted "aye". On the adoption of the Resolution, by substitute, the ayes were 120, nays 27. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. Representative Adams of the 79th stated that he had been called from the floor of the House when the roll was called on the adoption of HR 458-1312, by substitute, but had he been present would have voted "aye" thereon. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1485. By: Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th, Swann of the 90th, Dent of the 85th, Butler of the 56th, Lane of the 40th, Gammage of the 17th, and others: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect pro ceeds from the local option sales tax; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. N Childera, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y CoUins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. THURSDAY, FEBRUARY 23, 1978 1751 Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. McKhmey, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 126, nays 12. The Bill, having received the requisite constitutional majority, was passed. HB 1743. By: Representatives Carnes of the 43rd, and Adams of the 36th: A BILL to amend Ga. Code Section 23-1704 relating to contractors' bonds so as to provide that the bond shall be in the amount of the contract; and for other purposes. Representative Carnes of the 43rd moved that further consideration of HB 1743 be postponed indefinitely. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 1807. By: Representatives Lambert of the 112th, Carlisle of the 71st, Murphy of the 18th, Ware of the 68th, and Castleberry of the lllth: A BILL to amend an Act known as the "Georgia Medical Assistance Act of 1977" so as to permit the Department of Medical Assistance to seek reimbursement for medical assistance rendered to a person as a result of sickness; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkoom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collim, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. 1752 Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greet, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. JOURNAL OF THE HOUSE, Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y MUford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewiez, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Truluck of the 86th stated that he had been called from the floor of the House when the roll was called on HB 1807, but had he been present would have voted "aye" thereon. The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto: HB 1538. By: Representatives Birdsong of the 103rd, Harris of the 60th, Home of the 104th, Pinkston of the 100th, Walker of the 115th, Watson of the 114th, Wall of the 61st, Bray of the 70th, and Ham of the 80th: A BILL to amend Code Section 92-6903, relating to county boards of tax assessors, so as to provide that certain persons having a specified degree of kinship to a member of the county governing authority may not be appointed to the county board of tax assessors; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1538 by striking on page 1, line 25, in Section 1 the quotation marks and comma at the end of subparagraph (6), and adding between lines 25 and 26 the following: "(7) Son or son-in-law. (8) Daughter or daughter-in-law.", and By striking on page 3, line 1, from said Section 1 the quotation marks at the end of subparagraph (6), and adding between lines 1 and 2 the following: "(7) Son or son-in-law. (8) Daughter or daughter-in-law." THURSDAY, FEBRUARY 23, 1978 1753 Representative Birdsong of the 103rd moved that the House agree to the Senate amendment to HB 1538. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carries, C. CarreU, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood. J. Y Wood, J.f. Mr. Speaker On the motion, the ayes were 152, nays 1. The motion prevailed. HB 427. By: Representative McKinney of the 35th: A BILL to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations govern ing the payment of pension to county employees, as amended, so as to authorize the retirement without penalty of individuals who shall be fifty-five (55) years of age and have served thirty (30) years; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 427 as follows: By striking from line 5 of page 1 the following: "Fulton County", and inserting in lieu thereof the following: "the Fulton County legislative delegation". By striking from lines 22 and 23 of page 1 the following: "Fulton County", 1754 JOURNAL OF THE HOUSE, and inserting in lieu thereof the following: "the Fulton County legislative delegation". Representative Adams of the 36th moved that the House agree to the Senate amend ment to HB 427. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time: HB 1839. By: Representative Greer of the 43rd: A BILL to amend an Act known as the "Development Authorities Law" so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital and reduce unemployment; and for other purposes. The following Committee substitute was read and withdrawn by unanimous consent: A BILL To amend an Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), an Act approved March 25, 1976 (Ga. Laws 1976, p. 708), an Act approved April 5, 1976 (Ga. Laws 1976, p. 1483), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 789), so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capi tal and reduce unemployment; to expand the definition of the word "project"; to expand the powers of Development Authorities under the Act; to provide that revenue bonds issued by Development Authorities may be in principal amounts provided for by bond resolution, indenture or trust agreement; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), an Act approved March 25, 1976 (Ga. Laws 1976, p. 708), an Act approved April 5, 1976 (Ga. Laws 1976, p. 1483), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 789), is hereby amended by striking the next to the last paragraph of subsection (e) of Section 1 in its entirety and inserting in lieu thereof the following: "The word 'project' shall also mean and include the acquisition, construction, improvement; rehabilitation or modification of any property, real or personal, which shall be suitable for, used as, or in connection with: (1) sports facilities, including private training and related office and other facilities; (2) convention or trade show facilities; (3) airports, docks, wharves, mass commuting facilities, parking facilities, or stor age or training facilities directly related to any of the foregoing; (4) facilities for the local furnishing of electric energy or gas; THURSDAY, FEBRUARY 23, 1978 1755 (5) facilities for the furnishing of water, if available on reasonable demand to members of the general public; a4 (6) facilities for lodging and for providing meals, provided that such facilities are constructed m connection with related and adjacent to airports, sports or convention or trade show facilitiesr; and (7) residential real property for family units; provided that 'project' as used hi this Act shall not include any low income housing project constructed, owned, or operated by the State, any county, any municipality, or any agency, instrumentality, or author ity of the State, or a county, or a municipality." Section 2. Said Act is further amended by inserting after the word "acquisition" in subsection (i) of Section 4 of said Act the following: ", financing", and by adding to said subsection (i) the words: "or financed by", so that when so amended, subsection (i) of Section 4 shall read as follows: "(i) to extend credit or make loans to any person, firm, corporation or other indus trial entity for the planning, design, construction, acquisition, financing or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Section in connection with a project for or financed by such person, firm, corporation or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desir able;". Section 3. Said Act is further amended by adding to subsection (j) of Section 4 the words: "to finance or assist in financing a project or", so that when so amended, subsection (j) of Section 4 shall read as follows: "(j) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other consensual transfer in order to finance or assist in financing a project or to secure the repayment of any monies loaned or credit extended by the Authority;". Section 4. Said Act is further amended by adding to subsection (1) of Section 4 the words: "or financing or assisting in financing the cost of any project", so that when so amended, subsection (1) shall read as follows: "(1) to borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project or financing or assisting in financing the cost of any project, includ ing the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or neces sary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Section 6 of this Act." Section 5. Said Act is further amended by adding at the end of subsection (f) of Section 6 a new subparagraph (5) to read as follows: "(5) Revenue bonds issued by an Authority may be of such principal amount or amounts as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide." 1756 JOURNAL OF THE HOUSE, Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. The following substitute, offered by Representative Greer of the 43rd, was read: A BILL To amend an Act known as the "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital and reduce unemployment; to change the definition of the word "project"; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Development Authorities Law," approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by deleting the following language at the end of subsection (e) of Section 1: "The word 'project' shall also mean and include the acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with: (1) sports facilities; (2) convention or trade show facilities; (3) airports, docks, wharves, mass commuting facilities, parking facilities, or stor age or training facilities directly related to any of the foregoing; (4) facilities for the local furnishing of electric energy or gas; (5) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (6) facilities for lodging and for providing meals, provided that such facilities are constructed in connection with and adjacent to convention or trade show facilities. The word 'project' shall also mean and include the acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term 'development of land' includes the provision of water, sewage, drainage, or similar facili ties, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings." Section 2. Said Act is further amended by adding immediately following paragraph (7) of subsection (e) two new paragraphs to be designated paragraphs (8) and (9) to read as follows: "(8) The word 'project' shall also mean and include the acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with: (A) sports facilities, including private training and related office and other facili ties; (B) convention or trade show facilities; THURSDAY, FEBRUARY 23, 1978 1757 (C) airports, docks, wharves, mass commuting facilities, parking facilities, or stor age or training facilities directly related to any of the foregoing; (D) facilities for the local furnishing of electric energy or gas; (E) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and (F) facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to sports facilities acquired, constructed, improved or modified pursuant to subparagraph (A) above or convention or trade show facilities acquired, constructed, improved or modi fied pursuant to subparagraph (B) above. (9) The word 'project' shall also mean and include the acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term 'development of land' includes the provision of water, sewage, drainage, or similar facili ties, or of transportation, power, or communication facilities, which are incidental to use of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings." 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 hereby repealed. The following amendment was read and adopted: Representatives Burruss of the 21st and Collins of the 144th move to amend FS/HB 1839 as follows: By inserting on line 27 on page 2 after the word "facilities", the following: "when authorized by the governing authority of the political subdivision or municipal ity in which the facility is to be constructed and maintained". And by redesignating Sections 3 and 4 thereof as Sections 4 and 5 respectively and adding a new Section 3 to read as follows: "Section 3. If any provision of Section 1 or 2 of this Act is held to be invalid or inoperative for any reason, the remaining provisions of this Act shall be deemed to be void and of no effect, it being the legislative intent that this Act as a whole would not have been adopted had any provision of Section 1 or 2 not been included." And by inserting on line 8 on page 1 after the word and symbols: '"project"'; the following: "to provide legislative intent;". An amendment, offered by Representative Beckham of the 89th, was ruled out of order. The following amendment was read: Representative Irvin of the 23rd moves to amend the floor substitute to HB 1839 by inserting after the word "with" on line 8, page 3, "exclusively for use directly with,". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: 1758 JOURNAL OF THE HOUSE, N Adams, G. N Adams, Marvin Y Andereon, W. N Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefleld, J. N Birdsong, K. N Bishop, S. Y Bolster, P. Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childere, E.M. N Childs, P. N Clark, Betty Clark, L. Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Y Culpepper, B. Y Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. N Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Fclton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.Jr. N Hill, B.L. N Holmes, Bob N Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted N Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. N Keyton, J.W. Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. N Lord, J. N Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Y Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. Y Rush, Dewey N Russell, J. N Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Y Smith, V.B. N Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Walker, L. N Wall, V. N Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 65, nays 93. The amendment was lost. An amendment, offered by Representative Greene of the 138th, was read and lost. The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Karrh, R. N Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. THURSDAY, FEBRUARY 23, 1978 1759 Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nix, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. N Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 11. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 1000. By: Representatives Childs of the 51st, Tolbert of the 56th, Snow of the 1st, and Wall of the 61st: A BILL to provide that every parent or other person in loco parentis having custody and control over a minor child or children under the age of eighteen shall be liable in a certain amount for the willful or malicious acts of said minor child or children resulting in damage to the property of another; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend HB 1000 as follows: On lines 1 and 2 and on lines 11 and 12 of page 1 by deleting the words "or other person in loco parentis" and on lines 3 and 13 of page 1 by striking the words "shall be" and inserting in lieu thereof the words "may be civilly" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin N Andereon, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. N Beckham, B. N Benefleld, J. N Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. N Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. N CoUins, M. Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. N Dean, D.C. N Dent, R.A. N Deveaui, C. Dixon, H.D. Y Dover, Bill N Edwards, W. Y Elliott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. N Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted N Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. Kilgore, T.M. N Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. N McDonald, L. N McKinney, J.E. N Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. 1760 N Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. JOURNAL OF THE HOUSE, Y Phillips, W.R. Y Pilewicz, G. N Pinkston, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Russell, J. N Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby N White, J. N Whitmire, D. N Williams, H.L. Y Williams, R. Y Williamson, G. N Wilson, J.M. Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 75, nays 80. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. HB 1217. By: Representative Knight of the 67th: A BILL to provide for the regulation and licensing of licensed professional counselors; to provide a short title ("Professional Counselors Licensing Act"); to provide definitions; to prohibit persons from engaging in certain acts without being licensed as a licensed pro fessional counselor; to provide exceptions; and for other purposes. The following substitute, offered by Representative Knight of the 67th, was read: A BILL To provide for the regulation and licensing of licensed professional counselors; to pro vide a short title; to provide definitions; to prohibit persons from engaging in certain acts without being licensed as a licensed professional counselor; to provide exceptions; to pro vide for temporary licenses; to create the Georgia Professional Counselor Licensing Board; to provide for the composition, appointment, compensation, terms, officers, meetings and qualifications of the Board; to provide for an oath of office; to provide for the powers and duties of the Joint Secretary in relation to the Board; to provide for a quorum; to provide for rules and regulations; to provide for licenses; to provide for qualifications for licensure; to provide for examinations; to provide for reciprocity; to provide for fees; to provide for the refusal, revocation, suspension and reinstatement of licenses on certain grounds; to provide for the powers and duties of the Board; to provide for injunctions; to make unlaw ful certain acts; to provide a penalty; to provide that certain communications are privi leged; to provide for the disposition of monies payable to the Board; to provide for administrative procedures; to repeal an Act known as the "Marriage and Family Counselor Licensing Act," approved March 24, 1976 (Ga. Laws 1976, p. 659); to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as the "Profes sional Counselors Licensing Act." Section 2. Definitions. As used in this Act, unless the context clearly specifies otherwise, the following definitions shall apply: (1) "Licensed professional counselor" means any person who publicly uses any title or description of services rendered by such person incorporating the words "licensed pro fessional counselor", or "licensed counselor", or who offers to render professional counsel ing services to individuals, groups, organizations, corporations, institutions, government agencies or the general public for a fee, monetary or otherwise, implying that the person is licensed and trained, experienced, or expert in counseling; or who holds a current valid license to practice counseling; or any combination thereof. THURSDAY, FEBRUARY 23, 1978 1761 (2) "Limited licensed counselor" means any person who has been granted a limited license by the Board to practice counseling as defined by this Act while under the super vision of a licensed or licensable professional counselor. (3) "Certified counselor" means any persons who utilize those counseling procedures and those titles permitted within the standards and ethics of their area of restricted prac tice while under the supervision of a licensed or licensable professional counselor. (4) The "practice of counseling" means rendering, offering to render, or supervising those who render to individuals, groups, organizations, corporations, institutions, govern ment agencies or the general public any service involving the application of counseling procedures and other related areas of the behavioral sciences to help in learning how to solve problems or make decisions related to careers, personal growth, marriage, family, or other interpersonal or intrapersonal concerns. (5) "Counseling procedures" means verbal and nonverbal methods and techniques which lead to self-understanding, behavioral change, or more effective interpersonal behav ior, and include: (a) assessment techniques, excluding standardized personality and ability instru ments, tests, or inventories, for appraising aptitudes, achievement, interests, or atti tudes; (b) use of informational and community resources for career, personal, or social development; (c) individual or group techniques for facilitating problem solving and decision making; (d) supervision, referral, and placement of clients. (6) A "fee" for counseling services means the giving or offering to give money or any thing else of value whether paid directly by the person or individual receiving the services or by any other third party or corporation or insurance company or government funds or by any salary or any other form of compensation received for the practice of counseling. (7) "Board" means the Georgia Professional Counselor Licensing Board. (8) "Recognized educational institution" means any educational institution which grants a bachelor's, master's or doctor's degree and which is recognized by the State Board of Education, the Board of Regents of the University System of Georgia, a comparable established educational accrediting body, or by any accrediting body acceptable to the Georgia Professional Counselor Licensing Board established hereunder. (9) "Joint Secretary" means the Joint Secretary, State Examining Boards. Section 3. Authorized Representation; Prohibited Representation. Com mencing January 1, 1979, a person who is not licensed under this Act shall not advertise that the person performs professional counseling services; or represent that the person is a licensed professional counselor; or use a title or description such as "licensed professional counselor" or "licensed counselor, advisor or consultant", or any other name, style or description denoting that the person engages in professional counseling. Except as other wise specifically provided in this Act, only a person licensed under this Act shall advertise, purport or describe such person as offering professional counseling services. The use by an individual who is not licensed under this Act of such titles, descriptions or terms repre sentative of a licensed professional counselor is prohibited by this Act only when in con nection with the practice of counseling or the use of counseling procedures as defined in items (4) and (5) of Section 2 of this Act. The use of such titles, descriptions or terms in connection with professional activities other than the rendering of professional counsel ing services to individuals for a fee, monetary or otherwise, shall not be construed as implying that a person is licensed under this Act or as the practice of professional counsel ing. Section 4. Certain Professional Counseling Services Excepted. (a) Indi viduals employed by regionally accredited postsecondary institutions of learning shall be exempt from licensing under this Act when their counseling or teaching of counseling, or both, are part of the duties for which they are employed by the university. However, mental health practitioners who supervise counseling trainees in practicum or internship experiences shall be licensed or licensable as professional counselors. Licensing is required 1762 JOURNAL OF THE HOUSE, for university employees who conduct counseling privately and separately from their uni versity duties. (b) Students of a regionally accredited university who are preparing for the profes sion of counseling provided for in the academic work of that university shall be exempt from licensing. Students engaged in a formal internship program supervised by a licensed or licensable professional counselor shall also be exempt from licensing. Such students must be clearly designated by a title such as "counselor trainee" or "counselor intern" which indicates student status. (c) Counselors whose permanent residence lies outside the State of Georgia shall be allowed to practice within the State for no more than a total of 30 work days each year provided said counselors are licensable according to the provisions of this Act. Such coun selors shall be allowed to practice more than 30 workdays each year provided they are licensed by the Board. (d) School counselors shall be exempt from licensing when properly certified by the Georgia State Department of Education. (e) Any person registered, certified, or licensed by the State of Georgia to practice any other occupation or profession while rendering professional counseling services in the performance of the occupation or profession shall be exempt from licensing under this Act. (f) Duly ordained members of the clergy shall be exempt from licensing under this Act when performing their regular or specialized ministerial duties, and for which no sep arate charge is made or when such activities are performed, whether with or without charge, for or under the auspices or sponsorship of an established and legally recognizable church, denomination or sect, and when the person rendering services remains accountable to the established authority thereof. Section 5. Georgia Professional Counselor Licensing Board, (a) There is hereby created a Georgia Professional Counselor Licensing Board which shall consist of seven members who are residents of this State, five of whom shall be licensed professional counselors, and two of whom shall be representatives of the public who do not meet the requirements for licensing as counselors under this Act. (b) Each of the five members of the Board who are licensed professional counselors shall have professional standing as stated in the education and experience requirements prescribed by subsections (1) (a) and (1) (b) of Section 8 of this Act. (c) Two members who do not meet the requirements for licensing under this Act shall be appointed from the public at large. (d) Members of the Board shall be appointed by the Governor and confirmed by the Senate immediately after the effective date of this Act. The Governor shall, through appointments to the Board, represent the differences in gender, racial and ethnic origins, and the different levels of graduate and professional degrees and specialties, though not all such differences necessarily will be reflected at the same time in board membership. (e) The terms of the first seven members of the Board shall be staggered as follows: one member from the public at large and one licensed member, one (1) year; two licensed members, two (2) years; one member from the public at large and two professional mem bers, three (3) years. Thereafter, each member of the Board shall be appointed for a term of three years. If, before the expiration of his term, any member shall die, resign, be dis qualified or otherwise cease to be a Board member, the vacancy shall be filled by the Gov ernor by appointment for the unexpired term. (f) No Board member shall serve more than two full consecutive terms, nor shall any Board member provide supervision for a fee to any applicant for licensure. The first appointees, other than the non-licensed members, shall be deemed to be and shall become licensed professional counselors immediately upon their appointment and qualification as members of the Board. (g) The Governor or some person designated by him for such purpose, after notice and hearing, shall have power to remove from office any member of the Board for incom petence, neglect of duty, unprofessional conduct or conviction of a crime involving moral turpitude. Section 6. Oath of Members of Board; Organization; Secretary; Quorum. (a) Each of the members of said Board shall take an oath of office that he will faithfully THURSDAY, FEBRUARY 23, 1978 1763 perform the duties of his office. The Joint Secretary, State Examining Boards, shall be the secretary of said Board and he shall keep the minutes, books and other records and files of the Board. (b) Within 30 days after its appointment, the Board shall meet on call by the Joint Secretary, State Examining Boards. The Board shall elect from its members a chairman and secretary and such other officers as it may deem necessary for such terms as it may designate in its rules and regulations. The Board shall hold at least one regular meeting each year, but additional meetings may be held upon the call of the chairman or at the written request of any two members of the Board. Four members of the Board shall con stitute a quorum and no action at any meeting shall be taken without at least three votes in accord. The Board shall, from time to time, adopt such rules and regulations as it may deem necessary to enable it to perform its duties and to carry into effect the provisions of this Act. The Board shall examine and pass on the qualifications of all applicants for licenses under this Act and shall issue a license to each qualified successful applicant therefor attesting to his professional qualifications to engage in the practice of professional counseling. (c) Board members shall serve without compensation but shall be reimbursed for actual expenses reasonably incurred in the State of Georgia in the performance of their duties as members of the Board. The expenses shall apply only to 12 days in each fiscal year. Section 7. Applications for Licensure. Each person desiring to obtain a license as a practicing professional counselor shall make application to the Joint Secretary upon such forms and in such manner as the Board shall prescribe and shall furnish evi dence satisfactory to the Board that the applicant (1) is not engaged in any practice or conduct which would be grounds for suspending or revoking the license issued pursuant to this Act. (2) qualifies for licensing by examination of credentials or by having successfully passed such examination, written and/or oral and/or situational, as the Board shall pre scribe. Section 8. Requirements for Licensure. (1) The Board shall issue a license as a licensed professional counselor to each appli cant who meets the qualifications set forth in Section 7 of this Act and who furnishes satisfactory evidence of the following to the Board that: (a) The applicant has received an earned master's degree from a regionally accredited institution of higher learning which is primarily professional counseling in content based on not less than thirty (30) graduate semester hours and which meets the academic and training content standards established by the Board, or the substantial equivalent in both subject matter and extent of training. The American Personnel and Guidance Association's Standards for the Preparation of Counselors and Other Personnel Specialists shall be used by the Board as a guide to establish standards for the educational and experience requirements for licensure; (b) The applicant has four years of full-time, or its equivalent, supervised expe rience in professional counseling acceptable to the Board, one year of which may be obtained prior to the granting of the master's degree. An applicant may subtract one year of the required professional experience for every thirty (30) graduate semester hours beyond the master's degree, provided such hours are clearly related to the field of professional counseling and are acceptable to the Board. However, in no case may the applicant have less than two years of the required professional experience; (c) The applicant demonstrates professional competence in counseling by passing an examination, written and/or oral and/or situational, or all three, as the Board may prescribe. For applicants who file on or before July 1, 1980, the Board may issue a license upon an examination of the applicant's credentials. (2) The Board shall issue a limited license to each applicant who furnishes satis factory evidence of the following to the Board that: 1764 JOURNAL OF THE HOUSE, (a) The applicant has received an earned master's degree from a regionally accredited institution of higher learning which is primarily professional counseling in content based on not less than thirty (30) graduate semester hours and which meets the academic and training content standards established by the Board, or the substantial equivalent in both subject matter and extent of training. The American Personnel and Guidance Association's Standards for the Preparation of Counselors and other Personnel Specialists shall be used by the Board as a guide to establish standards for the educational and experience requirements for licensure. The limited licensed counselor may not practice without direct supervision by a licensed or licensable professional counselor. The plan for supervision of the limited licensed counselor is to be approved by the Board prior to any actual performance of coun seling by the limited licensed counselor; (b) The applicant demonstrates professional competence in counseling by pass ing an examination, written and/or oral and/or situational, or all three, as the Board may prescribe. For applicants who file on or before July 1, 1980, the Board may issue a license upon an examination of the applicant's credentials; (c) The applicant meets the requirements of Section 7 of this Act; (d) Any limited licensed counselor, upon meeting the requirements of Section 8 (Ib) of this Act, may petition the Board for licensure as a professional counselor. (3) (a) The Board may certify counselors in areas of restricted employment set tings recognized by the Board upon the petition of any State association of counse lors or organization affiliated with a nationally recognized association of counselors, to create an area of restricted employment settings within the field of counseling. The professional standards of the association shall accompany any such petition. (b) For such purpose, the certified counselor may practice those arts, utilize those counseling procedures, and utilize those titles which are permitted within the standards and ethics of the area of restricted practice. No such person shall offer or render services as a counselor outside the area of restricted practice. Section 9. Specialty Designation, (a) The Board shall issue a counseling specialty license to any person who holds a license issued under Section 8, Subsection 1 of this Act and who, upon written application, is found by the Board to meet the standards for that specialty established in accordance with Section 9(d) of this Act. (b) Any persons licensed in a counseling specialty may hold themselves out to the public as specialists in the specialty for which licensed, and may engage in private prac tice, offering counseling on a fee for service basis. (c) Persons not licensed in at least one counseling specialty shall not engage in pri vate practice except under the supervision of a licensed professional counselor who holds a specialty license in that specialty area. This period shall not exceed four years. (d) The Board shall be empowered to establish the identification and set standards for counseling specialties which require more intensive training, experience, and evidence of expertise than generalist training permits. (e) The Board may recognize a counseling specialty upon petition of any organization if it finds that the organization: (1) is composed of members who are at least eighteen years old, of good moral character, and residents of the State; (2) has as its primary purpose to promote counseling in the State; (3) has developed education, training, experience, and competency standards satis factory to the Board for the specific counseling specialty; (4) has established a standards committee and has developed a review and endorsement procedure satisfactory to the Board to enable the committee to review applications for licensure or certification in the counseling specialty, and to recom mend grounds for suspension or revocation of such licenses and certificates; (5) demonstrates to the Board that designation of its standards and type of work as a counseling specialty will uniquely contribute to the protection of the health and safety of citizens. (f) The Board shall annually review the standards and operations of each counseling specialty and may require the standards committee of the counseling specialty to modify THURSDAY, FEBRUARY 23, 1978 1765 the qualifications, requirements, and standards in order to maintain its Board designation as a counseling specialty. Section 10. Examinations, (a) The Board shall conduct examinations and admis sions at least twice a year at a time and place to be designated by it. Examinations may be written and/or oral and/or situational. In any written examination each applicant shall be designated by numbers so that applicant's name shall not be disclosed to the Board until the examinations have been graded. Examinations shall address such theoretical and applied fields as the Board deems most suitable to test the applicant's knowledge and competence to engage in the practice of professional counseling. An applicant shall be held to have passed his examination if given upon the affirmative vote of at least four members of the Board. (b) Any person who shall have failed the examination conducted by the Board shall not be permitted to take a subsequent examination for a period of at least six months from the date of the examination failed. Section 11. Reciprocity. The Board may, in its discretion, issue a license to any applicant, without examination, on the payment of the required fee if the applicant is licensed under the laws of another state or territory, if the requirements for the issuance of a license for a professional counselor in the state or territory in which the applicant was licensed were, at the date of applicant's licensure, substantially equal to the requirements in force in this State, and if the state or territory whence the applicant comes accords a similar privilege of licensure without examination to holders of licenses as professional counselors under this Act. Section 12. Fees. The Board is empowered to establish and charge reasonable fees not less than $25.00 and not more than $100.00 for the administration of applications, examinations, issuance of licenses and renewal of licenses. Such fees shall be commensu rate with the cost of carrying out the provisions of this Act. Section 13. Renewal of License, (a) Every licensed professional counselor shall, at a time prescribed by the Joint Secretary, apply to said Joint Secretary for the yearly renewal of such person's license and pay a yearly renewal fee to be determined by the Board. The Joint Secretary shall determine the expiration, renewal and penalty dates with respect to periodic licensing. The Board shall provide for reasonable penalty fees for late renewal. The Board may, in its discretion, revive and extend a lapsed license upon the payment of all past unpaid renewal fees and penalties provided herein. (b) Every licensed professional counselor shall present documentation prescribed by the Board every two years of continuing professional educational experience of a nature acceptable to the Board. At least 30 points shall be earned through the following experi ences or their equivalent, to reflect new learning and increased professional competency through interaction with an outside resource: Attending a professional seminar, conference or meeting Vi day or less..........................................................................................! point each full day ........................................................................................3 points Presenting or participating as a panel member in a professional program.......................................................................5 points per program Completing a relevant graduate level course with at least the grade of B ..........................................................................................................10 points per course Auditing a relevant graduate level course ...................................................................................................5 points per course Being supervised in weekly face-to-face conferences for at least 10 weeks per quarter year by a mental health 1766 JOURNAL OF THE HOUSE, practitioner licensed or licensable as a professional counselor...........................................................................................10 points per quarter year Being a client, counseled in weekly face-to-face sessions for at least 10 weeks per quarter year by a mental health practitioner licensed or licensable as a professional counselor ......................................................................5 points per quarter year Section 14. Refusal, Revocation and Suspension of License. The Board, after due notice and hearing, may refuse to license any applicant, may refuse to renew the license of any licensed person, and may suspend or revoke the license of any person for any of the following grounds: (1) use of fraud or deception in applying for a license under this Act or in taking the examination therefor required by this Act; (2) the practice of professional counseling under a false or assumed name or imper sonation of a licensed practicing professional counselor of like or different name; (3) conviction of a crime involving moral turpitude; (4) habitual intemperance in the use of intoxicants, narcotics or stimulants to such an extent as to incapacitate him from the performance of his professional duties as a licensed practicing counselor; (5) conviction of or pleading nolo contendere to an indictment, information or com plaint alleging a violation of any federal or State law relating to narcotic drugs; (6) violation of any provision of this Act or rule, regulation or code of ethics promul gated by the Board. The Ethical Standards of the American Personnel and Guidance Asso ciation shall serve as a code of ethics for all licensed professional counselors in the State, and shall have the force of law for professional counselors licensed in the State of Georgia; (7) gross negligence or misconduct in the performance of his professional duties as a licensed professional counselor. Section 15. Reinstatement. Application may be made to the Board for reinstate ment at any time after the expiration of one year from the date of revocation of the license. Such application shall be in writing and shall be accompanied by a reinstatement fee as determined by the Board. The Board shall not reinstate any applicant unless satis fied that he is competent to engage in the practice of professional counseling. The Board may require a written and oral examination before reinstatement. Section 16. Powers and Duties of Board. The Board shall be authorized to adopt reasonable rules to carry out the provisions of this Act and may amend and revoke such rules at its discretion. The Board shall keep a record of its proceedings under this Act and a register of all persons licensed under it. The register shall show the name of every living person licensed under this Act, his last known place of business, his last known place of residence, and the date and number of his license as a professional counse lor. Section 17. Duty of Enforcement. The Joint Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Act as he or the Board or any district attor ney may deem necessary or advisable, and the result of all investigations shall be reported to and the records thereof shall be kept by the Board. Section 18. Injunction to Prevent Violation. Whenever it shall appear to the Board that any person is or has been violating any provisions of this Act or any of the lawful rules, regulations or orders of the Board, the Board or the appropriate district attorney may file a petition for injunction in the proper superior court of this State against such person for the purpose of enjoining any such violation. It shall not be neces sary to allege or prove that there is no adequate remedy at law. The right of injunction THURSDAY, FEBRUARY 23, 1978 1767 provided for in this Section shall be in addition to any other legal remedy which the Board has and shall be in addition to any right of criminal prosecution provided by law. Section 19. Fraud in Obtaining License. It shall be unlawful for a person to attempt to obtain a license as a professional counselor by fraudulent representation. Section 20. Privileged Communication. Any communication between the licensed professional counselor and the person or persons counseled shall be confidential and its secrecy preserved. The confidential relations and communications shall be upon the same basis as those provided by law between attorneys and their clients, and nothing in this Act shall be construed to require that any such privileged communications be dis closed. Section 21. Monies Paid to Joint Secretary. All fees, fines, penalties and other monies derived from the operation of this Act shall be paid to the Joint Secretary and remitted to the State treasury. Section 22. Administrative Procedures. This Act shall be administered in accordance with the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. Section 23. Penalty. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000 for each offense, and in addition, may be imprisoned for a term not to exceed twelve months. Section 24. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and upon the appropriation of the necessary funds to implement the provisions of this Act. Section 25. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 26. Specific Repealer. An Act known as the Marriage and Family Coun selor Licensing Act approved March 24, 1976 (Ga. Laws 1976, p. 659), is hereby repealed in its entirety. Section 27. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Representative Richardson of the 52nd moves to amend the substitute to HB 1217 by adding on line 6, page 19 after the words "in its entirety" the words "on June 30, 1979". Representatives Hawkins of the 50th and Richardson of the 52nd move to amend the substitute to HB 1217 by striking all after the word "duties" in line 34, Section 4 sub section (f) so that Section 4 will read: "Duly ordained members of the clergy shall be exempt from licensing under this Act when performing their regular or specialized ministerial duties.". Representatives Baugh of the 108th and Parham of the 109th move to amend the sub stitute to HB 1217 as follows: 1768 JOURNAL OF THE HOUSE, By adding to Section 4, page 6 after line 6 a new paragraph to read as follows: "However, nothing in the Act shall further be construed to exclude the professional clergyman from doing work as a Pastoral Counselor, as Clinical Pastoral Counselor, as a Pastoral Educator, as a Clinical Pastoral Educator, as a Pastoral Researcher, or as a Marriage and Family Counselor." The substitute, as amended, was adopted: The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdaong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Council, J. Y Cooper, B. Y Cox, W.E. Y Croeby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. N Dean, D.C. Dent, R.A. N Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. N Savage, J. Y Scott, A. N Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. HB 632. By: Representatives Smyre of the 92nd, Marcus of the 26th, and Russell of the 64th: A BILL to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the size and composition of the Composite State Board of Medical Examiners; to provide for vacancies; to provide for the appointment of members of the Board; and for other purposes. The following Committee substitute was read and adopted: THURSDAY, FEBRUARY 23, 1978 1769 A BILL To amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to change the size and composition of the Composite State Board of Medical Examiners; to provide for vacancies; to provide for the appointment of members of the Board; to provide for expenses of members of the Board; to provide for the appointment and terms of office of the initial public members of the Board; to provide for the continuation of certain terms of current members of the Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, is hereby amended by striking Code Section 84-902, relating to the Composite State Board of Medical Examiners, in its entirety and substituting in lieu thereof a new Code Section 84-902, to read as follows: "84-902. (a) A Board is hereby established, to be known by the name and style of the Composite State Board of Medical Examiners, which Board shall be composed of four teen (14) members. The professional membership of the Board shall consist of twelve (12) practicing physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice in this State, ten (10) of whom shall be graduated from reputable medical schools conferring the M.D. degree and two (2) of whom shall have graduated from a reputable osteopathic school conferring the D.O. degree, and all of whom shall have been engaged in the active practice of their profession within this State for a period of at least five (5) years.^ The remaining two (2) members of the Board shall be public members and shall not be physicians. Such additional members may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians for licensing in this State. There shall be appointed, as vacancies occur in posts held by holders of the M.D. degree, a Board member to represent each Congressional District in the State as hereinafter provided. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the State at large as hereinafter provided. Any vacancy occurring in a post held by a public member shall be filled by a person who is not a physician as hereinafter provided. Hereinafter, wherever in this Chapter reference is made to the 'State Board of Medical Examiners' or 'Board of Medical Examiners' or 'Board,' it shall mean the 'Composite State Board of Medical Examiners.'" Section 2. Said Code Chapter is further amended by striking Code Section 84-903, relating to the appointment of members of the Composite State Board of Medical Exam iners, in its entirety and substituting in lieu thereof a new Code Section 84-903, to read as follows: "84-903. Appointment of Board; vacancies; quorum.--The Twelve twelve (12) physi cians and the two (2) public members of the Board, who shall possess the qualifications specified in Section 84-902, shall constitute the membership of the Composite State itc ooaptt to serve terms coextensive witn incir terms on tnc state DOQWT at tnc time ef the passage ef this Act. No member shall be reappointed nor shall any new member be appointed to fill a vacancy in a post held by an M.D. member from any Congressio nal District in the State which has more than one (1) member pn said Board. T-he other twe (2) members ef the Beard shall be appointed from among the members ef the Beai-d terms cocxtcnaivc with thcif terms e the Beafd ef- Examiners i Osteopathy at the time ef the passage ef this Aet/ All future appointments shall be made to serve for a term of four (4) years and until his successor is appointed and qualified. All reappointments and new appointments shall be made so that each Congressional District in the State shall be represented by an M.D. member at all times. Any vacancy that may occur in said Board in consequence of death, resignation, removal from the State or other cause shall be filled for the unexpired term in the same manner as regular appointments are 1770 JOURNAL OF THE HOUSE, made. A majority of the Board shall constitute a quorum. All appointments to the Board shall be made by the Governor and confirmed by the Senate. Appointments to the Board of members who must hold an M.D. degree shall be made by the Governor from a list of not less than three (3) nor more than five (5) qualified candidates submitted to the Governor by the Medical Association of Georgia. Appointments to the Board of members who must hold a D.O. degree shall be made by the Governor from a list of not less than three (3) nor more than five (5) qualified candidates submitted to the Gov ernor by the Georgia Osteopathic Association." Section 3. Said Code Chapter is further amended by striking from subsection (a) of Code Section 84-905, relating to the Composite State Board of Medical Examiners, as amended, the following: "Each member shall receive, for services for each day's attendance upon meetings: the sum of $25.00 and all necessary expenses incident to holding meetings.", and inserting in lieu thereof the following: "Each member shall receive for each day's attendance upon meetings the same allow ances authorized for expense, mileage, and travel allowances for members of the General Assembly for service as a member of an interim committee.", so that when so amended, subsection (a) of Code Section 84-905 shall read as follows: "84-905. (a) Immediately after the appointment and qualification of the members, said Board of Medical Examiners shall meet and organize and shall elect a president and vice-president. Said Board shall operate under the terms of Chapter 84-1, providing for a Joint Secretary of the several State Examining Boards and said Secretary shall serve sfliQ j5O8.ru Q.S provided Dy isw. EJQCR meiHDci* stiftli receive, lor services id c&cii Qfly"S holding meetings. Each member shall receive for each day's attendance upon meetings the same allowances authorized for expense, mileage, and travel allowances for members of the General Assembly for service as a member of an interim committee." Section 4. Notwithstanding the provisions of Code Chapter 84-9, relating to medical practitioners, as amended by this Act, the initial public members of the Composite State Board of Medical Examiners added by this Act shall be appointed by the Governor immediately after the effective date of this Act and shall serve terms as follows: one member shall serve a term ending September 1, 1980; and one member shall serve a term ending September 1, 1981. Successors to the initial public members shall be appointed as provided in Code Chapter 84-9. Notwithstanding the provisions of Code Chapter 84-9, relating to medical practitioners, as amended by this Act, the members of the Composite State Board of Medical Examiners in office on the effective date of this Act shall serve out the remainder of their respective terms. Successors to such members shall be appointed as provided in Code Chapter 84-9. Section 5. This Act shall become effective on July 1, 1979. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 116, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1808. By: Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th, and Castleberry of the lllth: A BILL to amend Code Section 56-3002, relating to scope and format of individual accident and sickness insurance poli cies, so as to provide that no such policy nor any group or blanket policy pro viding such insurance shall contain a provision denying or reducing certain THURSDAY, FEBRUARY 23, 1978 1771 benefits as a result of the receipt of medical assistance benefits; to specify poli cies in violation to be null and void; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Title 56, known as the Georgia Insurance Code, so as to provide that no individual, group, or blanket insurance policy shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void; to provide for application to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new subsection at the end of Code Section 56-3002, relating to scope and for mat of individual accident and sickness insurance policies, to be designated subsection (8), to read as follows: "(8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance benefits. Any such provision appearing in an individual acci dent and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation.", so that when so amended, Code Section 56-3002 shall read as follows: "56-3002. Scope and format of policy. No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements: (1) The entire money and other considerations therefor are expressed therein; (2) The time at which the insurance takes effect and terminates is expressed therein; (3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder; (4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the 'text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy; (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-3004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appropriate caption such as 'exceptions,' or 'exceptions and reductions': Pro vided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the ben efit provision to which it applies; (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof; and (7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth 1772 JOURNAL OF THE HOUSE, in full in the policy, except in the case of the incorporation of, or reference to, a state ment of rates or classification of risks, or short-rate table filed with the Commissionery; and (8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance benefits. Any such provision appearing in an individual acci dent and sickness insurance policy, subsequent to July 1^ 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation." Section 2. Said Code Title is further amended by adding a new Section after Code Section 56-3105, relating to required provisions of group and blanket accident and sickness insurance, to be designated Code Section 56-3105.1, to read as follows: "56-3105.1. Prohibition of certain provisions relating to receipt of medical assistance.--(a) No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance benefits. Any such provision appearing in a group or blanket accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 118, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HR 724-1953. By: Representatives Murphy of the 18th, Harris of the 8th, Collins of the 144th and Snow of the 1st: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Appropri ations Act to continue in force and effect until another General Appropriations Act is adopted; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section X, Paragraph V of the Constitution is hereby amended by striking paragraph (a) which reads as follows: "(a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appro priations required by this Constitution and those required to meet contractual obli gations authorized by this Constitution and the continued appropriation of Federal grants.", in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows: "(a) Each General Appropriations Act, with such amendments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until another General Appropriations Act is adopted." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. THURSDAY, FEBRUARY 23, 1978 1773 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Appro priations Act to continue in force and effect until another General ( ) NO Appropriations Act is adopted?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrcll, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinoon, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Mareus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 81-370. By: Representatives Tolbert of the 56th, Richardson of the 52nd, Linder of the 44th, Butler of the 56th and Deveaux of the 28th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection 1774 JOURNAL OF THE HOUSE, of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows: "The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft and shall be authorized to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said aquatic pleasure craft." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assem bly to provide for a different method and time of returns, assessments, ( ) NO payment and collection of ad valorem taxes on aquatic pleasure craft?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y ChUders, E.M. Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. THURSDAY, FEBRUARY 23, 1978 1775 Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 143, nays 3. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitute thereto: HB 1360. By: Representatives Tucker of the 73rd, Carnes of the 43rd, Knight of the 67th, Taggart of the 125th, and Bray of the 70th: A BILL to amend Code Title 114, relating to Workmen's Compensation, so as to change the designation to Work ers' Compensation; to change the name of the Board to the State Board of Workers' Compensation and change the word "Workmen's" to "Workers'"; to provide for the time and procedure for filing claims; to provide benefits for total disability; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1360 by striking on page 9, lines 6 through 9 the following: "; provided, however, that where practical at least one of the physicians making up the Panel shall be selected from the Georgia State Medical Association". Representative Tucker of the 73rd moved that the House agree to the Senate amend ment to HB 1360. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. N Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Bumiss, A.L. Y Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childere, E.M. Y Childs, P. N Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. N Dean, D.C. Dent, R.A. N Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Horne, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. 1776 JOURNAL OF THE HOUSE, Tales, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 114, nays 27. The motion prevailed. HB 1235. By: Representatives Savage of the 25th, Hays of the 1st, Owens of the 77th, Money of the 5th, Truluck of the 86th, and Felton of the 22nd: A BILL to regulate the future installation of grates upon any public roadway by counties and municipalities; to provide the procedures connected therewith; to provide for penalties; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1235 on page 1, line 3 after the semicolon by adding the following: "to provide for exceptions;". By striking on page 1, lines 9 through 12 the following: "so that the longest plane of the open spaces located within the grate shall run perpendicular to the lane of travel of vehicles proceeding over said roadways", and inserting in lieu thereof the following: "so as to accommodate bicycles traveling on the public road parallel to the lane of travel of vehicles proceeding over said roadways except that the requirements of this Act shall not apply to limited access highways or other streets or roads on which bicycle travel is prohibited". By striking on page 1, lines 13 through 16 the following: "Section 2. Any person who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor." By striking on page 1, line 17 the following: "Section 3", and inserting in lieu thereof the following: "Section 2". Representative Savage of the 25th moved that the House agree to the Senate amend ment to HB 1235. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Brgon, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. THURSDAY, FEBRUARY 23, 1978 1777 N Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Parham, B.E. N Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. On the motion, the ayes were 130, nays 14. The motion prevailed. Y Phillips, W.R. Y. Pilewicz, G. Y Pinkaton, F.C. Y Rainey, H. Ralston, E. N Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. y Tolbert, T. Tdes, E.B. Y Townseod, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. N Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HR 162-686. By: Representatives Bolster of the 30th, Marcus of the 26th, Walker of the 115th, Snow of the 1st, Cox of the 141st, Adams of the 36th, Taggart of the 125th and others: A RESOLUTION Proposing an amendment to the Constitution to authorize the General Assembly to provide by general law for any matters reasonably necessary to allow counties or munici palities, or counties and municipalities, to establish and maintain redevelopment programs for the redevelopment of areas within the respective boundaries of such counties and municipalities and to provide for other powers in connection with such redevelopment pro grams; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph V to read as follows: "Paragraph V. Redevelopment Programs. The General Assembly is hereby authorized to provide by general law for any matters reasonably necessary to allow counties or municipalities, or counties and municipalities, to establish and maintain redevelopment programs for the redevelopment of areas within the respective boundaries of such coun ties and municipalities. Without limiting the generality of the foregoing and by way of illustration and not of limitation, the General Assembly shall be authorized to provide for, or provide procedures for, any one or more of the following: (1) Criteria for the identification of redevelopment areas. (2) Tax exemptions on property within redevelopment areas or tax incentives in connection with a redevelopment program. (3) The acquisition of property within a redevelopment area by counties or munici palities and the redevelopment of such property by counties or municipalities or by private persons, firms or corporations or by a combination of redevelopment by coun ties or municipalities and private persons, firms or corporations. (4) The issuance of general obligation or revenue bonds, or both, by counties or municipalities for redevelopment purposes, including the use of the proceeds of such bonds for the acquisition and redevelopment of property within a redevelopment area. 1778 JOURNAL OF THE HOUSE, (5) The pledging of increased tax revenues or projected increased tax revenues resulting from a redevelopment project or a projected redevelopment project for the repayment of all or any portion of any obligations incurred in connection with a redevelopment project or for the purpose of financing in whole or in part a redevelop ment project. (6) The leasing or sale of redevelopment property owned by counties or municipali ties to private persons, firms or corporations. (7) Contracts between counties or municipalities and private persons, firms or cor porations for redevelopment purposes. (8) The creation of public corporations to serve as agents of counties or municipali ties for redevelopment purposes. (9) The use of State funds for the purpose of making grants to counties or munici palities, or both, for redevelopment purposes and for other or additional uses of State funds for redevelopment purposes. (10) The creation of a State public corporation to serve as an agent of the State for redevelopment purposes and for the establishment of such public corporation as a State Authority with the same status of State Authorities created and activated prior to November 8, 1960, within the meaning of Article VII, Section III of this Con stitution. The authority provided for the General Assembly by this Paragraph is cumulative of any other power heretofore possessed by the General Assembly. It is the intention of this Paragraph to provide the General Assembly with broad powers to authorize counties or municipalities, or counties and municipalities, to establish programs for the redevel opment of blighted, nonproductive or marginally productive areas within the boundaries of such counties or municipalities and to authorize State participation in redevelopment programs, and this Paragraph shall be liberally construed to carry out such intention." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by general law for any matters reasonably necessary to allow counties or municipalities, or counties and municipalities, to estab lish and maintain redevelopment programs for the redevelopment of areas within the respective boundaries of such counties and municipali ties and to provide for other powers in connection with such redevelop ment programs?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution to authorize the General Assembly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevel opment programs and to provide for other matters relative thereto; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. THURSDAY, FEBRUARY 23, 1978 1779 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV of the Constitution is hereby amended by adding at the end thereof a new Paragraph V to read as follows: "Paragraph V. Additional Redevelopment Powers, (a) It is the purpose of this Paragraph to authorize the General Assembly to grant additional powers to counties or municipalities or both in order for such counties, within the unincorporated areas thereof, or such municipalities within their corporate limits, to maintain and establish more effective redevelopment programs. (b) Subject to such procedures, requirements and limitations as may be provided by such law, including, but not limited to, defining the terms 'redevelopment,' 'redevelop ment program,' and 'redevelopment area,' the General Assembly, only by general law, is hereby authorized to grant to counties or municipalities or both any one or more of the following powers: (1) The power to grant exemptions from State, county or municipal ad valorem taxation on property located within a redevelopment area or to provide tax incentives affecting such taxation, or the rate thereof, on property located within a redevelop ment area. Any such tax exemptions or tax incentives may apply to ad valorem taxa tion for educational purposes but only with the consent of the county board of education, or, in the case of an independent school system, with the consent of the fiscal authority responsible for setting the ad valorem tax rate for educational pur poses, whose ad valorem tax for educational purposes would be affected by such tax exemptions or tax incentives. (2) The power to issue tax allocation bonds as a method of financing, in whole or in part, the costs of a redevelopment project. Tax allocation bonds are bonds issued on the basis of pledging increased ad valorem tax revenues or projected increased ad valorem tax revenues resulting from a redevelopment project or a projected redevelop ment project for the repayment of such bonds. Tax allocation bonds shall not consti tute debt within the meaning of Article IX, Section VII of this Constitution. The repayment of tax allocation bonds shall not affect ad valorem taxation for educational purposes unless the issuance of such bonds is approved by the county board of educa tion or appropriate fiscal authority of an independent school system as provided in subparagraph (1) hereof relative to tax exemptions or tax incentives. (3) The power to use, pledge or assign lease contracts or the revenue received from lease contracts on property owned by a county or municipality within a redevelopment area as security to obtain financing for redevelopment projects. In granting the authority provided by this subparagraph to counties or municipalities, the General Assembly may provide that any obligations incurred pursuant to such authority shall not constitute debt within the meaning of Article IX, Section VII of this Constitution. (4) The power to enter into contracts with private persons, firms or corporations for redevelopment purposes. (5) The power to create public corporations or to designate existing public corpora tions to serve as redevelopment agencies on behalf of counties or municipalities. (c) In order to assist counties or municipalities, or both, in providing more effective redevelopment programs, the General Assembly is hereby authorized to create a State public corporation for the purpose of providing financial aid to such political subdivi sions or to the public corporations created or designated as redevelopment agencies of such political subdivisions. The General Assembly may authorize any such State public corporation to enter into contracts with such political subdivisions or with the public corporations created or designated as redevelopment agencies of such political subdivi sions as a method of providing financial assistance for redevelopment purposes. Any such State public corporation may be created to have the same status as a State author ity created and activated prior to November 8, 1960, within the meaning of Article VII, Section III of this Constitution. (d) No law enacted pursuant to the authority of this Paragraph shall authorize a municipality to take any action affecting county or county school district taxation or authorize a county to take any action affecting municipal taxation, including municipal 1780 JOURNAL OP THE HOUSE, taxation for educational purposes for those municipalities having an independent school system. (e) The authority provided for the General Assembly by this Paragraph is hereby declared to be cumulative of any powers heretofore possessed by the General Assembly." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by general law for granting additional powers to counties or municipalities, or both, to allow such political subdivisions to establish and maintain more effective redevelopment programs and to provide for other matters relative thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Bolster of the 30th moved that the House agree to the Senate substi tute to HR 162-686. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Can-ell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 154, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Wood, J. Y Wood, J.T. Mr. Speaker THURSDAY, FEBRUARY 23, 1978 1781 Representative Jones of the 126th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 1782 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, February 24, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Cameron M. Alexander, Pastor, Antioch Baptist Church, North Atlanta, Georgia, and the President of the General Missionary Baptist Con vention of Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 2023. By: Representative Adams of the 79th: A BILL to levy and impose a sales and use tax of one percent, in addition to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson; and for other purposes. Referred to the Committee on Ways & Means. HR 776-2023. By: Representative Adams of the 79th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson; and for other purposes. Referred to the Committee on Ways & Means. HR 777-2023. By: Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th, Childs of the 51st, Clark of the 55th, Robinson of the 58th, Burton FRIDAY, FEBRUARY 24, 1978 1783 of the 47th, and others: A RESOLUTION proposing an amendment to the Con stitution to authorize DeKalb County and the municipalities of Decatur and Avondale Estates to establish and maintain development and redevelopment programs for the development or redevelopment of areas within their respective boundaries; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees: HB 2036. By: Representative Jones of the 78th: A BILL to amend an Act to provide mini mum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2037. By: Representative Lambert of the 112th: A BILL to amend an Act creating a Board of County Commissioners of Hancock County so as to change the com pensation of the chairman; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2038. By: Representative Mullinax of the 69th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liq uors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2039. By: Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Chance of the 129th, and Jones of the 126th: A BILL to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges thereof, the governing authority of Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2041. By: Representatives Mann, Milford and Clark of the 13th: A BILL to create and establish a Small Claims Court in and for Franklin County; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. HB 2042. By: Representative Edwards of the 110th: A BILL to amend an Act consolidat ing the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Commissioner of Marion County so as to authorize the tax commissioner to hire a clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2043. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act placing the Sheriff of Glynn County upon an annual salary so 1784 JOURNAL OF THE HOUSE, as to authorize the employment and compensation of certain additional per sonnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2044. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Cen sus of 1970 or any future such census; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 2008 HB 2009 HB 2010 HB 2013 HB 2014 HB 2015 HB 2016 HB 2017 HR 743-2017 HB 2018 HB 2019 HB 2020 HR 744-2020 HB 2021 HB 2022 SB 544 SB 545 SB 602 SB 604 SB 606 SR 290 SR 329 Representative Harris of the 8th District, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations: HR 565-1598 Do Pass, as Amended HR 475-1340 Do Pass HR 505-1436 Do Pass, as Amended HR 588-1710 Do Pass HR 442-1274 Do Pass HR 439-1274 Do Pass HR 456-1312 Do Pass HR 582-1671 Do Pass, as Amended Respectfully submitted, Harris of the 8th Chairman Representative Hays of the 1st District, Vice Chairman of the Committee on Defense and Veterans Affairs submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation: FRIDAY, FEBRUARY 24, 1978 1785 HB 2003 Do Pass Respectfully submitted, Hays of the 1st Vice-Chairman Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 161 Do Pass, by Substitute SB 533 Do Pass SB 513 Do Pass, by Substitute SB 514 Do Pass, by Substitute Respectfully submitted, Ware of the 68th Chairman Representative Bray of the 70th District, Acting Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 743-2017 Do Pass SB 354 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Acting-Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 543 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: 1786 JOURNAL OF THE HOUSE, HB 230 HB 1143 HB 1968 HB 1969 HB 1970 HB 1972 HB 1975 HB 1986 HB 1987 HB 1991 HB 1992 HB 1993 HB 1994 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1995 Do Pass HB 1996 Do Pass HB 1997 Do Pass HB 1998 Do Pass HB 1999 Do Pass, as Amended HB 2000 Do Pass HB 2004 Do Pass HB 2005 Do Pass HB 2006 Do Pass HB 2011 Do Pass HR 735-2002 Do Pass SB 595 Do Pass SB 610 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman Representative Collins of the 144th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1498 Do Pass HR 30-129 Do Pass, by Substitute HB 1400 Do Pass HB 1408 Do Pass HB 1405 Do Pass Respectfully submitted, Collins of the 144th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 24, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Friday, February 24, 1978, and submits the following: HB 723 HB 791 HB 1233 HB 1417 HB 1435 HB 1488 HB 1491 HB 1503 HB 1506 HB 1532 HB 1580 HB 1598 HB 1728 Corporate Sureties Liability; Damage Adm. Services, Fidelity and Statutory Bonds Health Insurance Plan, County Librarians and Employees Registrars and Deputies Ineligibility Employees' Retirement System; Prof. Training Credit State Officials/PSC Emeritus, Salary Retirement System Overview Committee; Create Tax Collectors, Increase Bond Amount Mortgage Foreclosures; Oaths, Non-Residents Motor Vehicles; Relating to Firearms No Fault Insurance, Regulate Premium Payments Boards of Education, Condemn Property for School Purposes Motor Vehicle Accidents: Provision for Reports FRIDAY, FEBRUARY 24, 1978 1787 HB 1735 HB 1764 HB 1767 HB 1780 HB 1811 HB 1817 HB 1818 HB 1826 HB 1846 HB 1849 HB 1905 HB 1917 HB 1918 HB 1953 HB 1958 HB 1967 Foreign Trusts, Business or Property Owner in State Election/Special Primaries DeKalb; Appointment of Asst. County Administrators Private Detective & Security Agencies; Vehicles & Uniforms Resource Recovery Development Authorities; Create Bd. of Certification of Librarians; Members Motor Vehicle Responsibility, Motor Provide for Security County Sheriffs; Special Automobile License Plate Bd. of Community Affairs, Members' Expenses U.S. Congress, Youth Org. Buses, Fees Ambulance Service Regulations Grand Juries Duties: Investigation/Reports Grand Juries: Subpoenas State Agencies, Non-Profit Cooperations, Reports Adm. Office of the Cts.: Judges & DA's Salary & Exp. Ga. Water Quality Control: Approval of Projects HR 577-1662 Superior Court, Six Man Juries Except Felony Trials HR 656-1834 Law Enforcement Officer Firemen Guard: Indemnification HR 739-2007 Forestry Commission: Lease/Land in Bibb Cty. HR 741-2012 Convey Easement to Colonial Pipeline in Barrow Cty. ALL COMMITTEE APPROVED COMPENSATION RESOLUTIONS The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time: HB 230. By: Representative Adams of the 36th: A BILL to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the U.S. Census of 1920, or any subsequent cen sus, so as to provide for pension benefits which shall be in lieu of like pension benefits currently provided by law; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, so as to authorize retired members of such pension funds to claim for service pension rights credit certain time served as a member of the armed forces; to provide conditions for such credit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by adding at the end thereof the following: 1788 JOURNAL OF THE HOUSE, "Any retired member for the pension system for members of the police department of any such city may claim service pension rights credit for any time served as a member of the armed forces during a period of actual hostilities, not exceeding four (4) years and thereby have his benefits increased accordingly. Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city plus six percent (6%) interest. The payments may be divided into not more than sixty (60) equal installments bearing interest at six percent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section unless he has been honorably discharged from the armed forces. Any officer or employee coming under the terms of this Act may elect to come under the provisions of this paragraph by making written application to the pension board on or before December 31 of the year in which this paragraph shall be adopted." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1143. By: Representative Dixon of the 151st: A BILL to amend an Act creating a Board of Commissioners of Ware County, as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase the salary of the chairman of the board after a cer tain date; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. Laws 1963, p. 2237), as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase the salary of the chairman of the board after certain dates; to provide for an inventory of all county-owned or jointly owned real property by the clerk of the board of commissioners; to provide that the clerk of the board shall maintain a separate file con taining a complete legal description of all county-owned or jointly owned real property; to provide that the clerk of the board shall post a map of the county on or near the bulletin board in the courthouse with a legend showing the location of all county-owned or jointly owned real property; to provide that the chairman of the board shall require two apprais als from two local real estate appraisers before purchasing or disposing of any countyowned or jointly owned real property; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. Laws 1963, p. 2237), as amended, is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: "Section 9. The chairman of the board of commissioners may, by a majority vote of the board, receive an annual salary of $14,200.00 beginning April 1, 1978, and beginning April 1, 1979, the chairman of the board of commissioners may, by a majority vote of the board, receive an annual salary of $16,200.00. The board of commissioners may, by FRIDAY, FEBRUARY 24, 1978 1789 a majority vote of the board, increase the annual salary of the chairman to $18,000.00 at any time on and after April 1, 1980. The board of commissioners shall fix the com pensation of each of the other members of the board in an amount not less than $600.00 per annum and not more then $3,000.00 per annum. The salary of the chairman and the compensation of the other members of the board shall be paid in equal monthly installments from the funds of Ware County. The board of commissioners shall fix the compensation of each of the other members of the board by majority vote at their first meeting in each calendar year and at no other time." Section 2. Said Act is further amended by adding a new Section 15A immediately following Section 15 to read as follows: "Section 15A. (a) The clerk of the board of commissioners shall compile and main tain an inventory of all county-owned or jointly owned real property on or before July 1, 1978. The inventory shall list all real property owned or jointly owned by Ware County, properly described, and the list shall be available for public inspection during reasonable working hours. The clerk of the board shall post and maintain a current county map with a legend showing the location of all county-owned or jointly owned real property on or near the bulletin board in the courthouse. (b) The chairman of the board shall obtain two appraisals from two qualified local real estate appraisers before the board of commissioners shall be authorized to purchase or dispose of any county-owned or jointly owned real property. As a minimum, the local real estate appraisers must be approved by the Veterans Administration and the Federal Housing Authority to appraise VA and FHA properties." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1999. By: Representatives Clark, Mann and Milford of the 13th: A BILL to amend an Act granting a new charter to the City of Lavonia so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to change the compensation of the mayor and council; to correct the date of the election; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1999 as follows: By striking from line 5 of page 1 the following: "to change the compensation of the mayor and council;". By striking Section 2 beginning on line 11 of page 2 in its entirety. By renumbering Sections 3 and 4 as Sections 2 and 3, respectively. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. 1790 JOURNAL OF THE HOUSE, HB 1498. By: Representative Jones of the 78th: A BILL to amend Code Section 92-6201, relating to time for making tax returns, so as to specify the time for making tax returns in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1968. By: Representatives Wood, Whitmire, and Jackson of the 9th: A BILL to amend an Act creating the Board of Commissioners of Hall County so as to change the boundaries of the commissioner districts; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1969. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee sys tem of compensation so as to authorize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his deputies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1970. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act creating the Small Claims Court in Bacon County so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdic tion; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1972. By: Representative Adams of the 79th: A BILL to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. FRIDAY, FEBRUARY 24, 1978 1791 The Bill, having received the requisite constitutional majority, was passed. HB 1975. By: Representatives Logan of the 62nd, Argo of the 63rd, and Russell of the 64th: A BILL to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County so as to provide that taxes levied thereunder for sup port and maintenance of the school system shall not be levied or used for the purpose of acquiring real estate or purchasing or constructing buildings or to accumulate funds for future use; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1986. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1987. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act amend ing, revising, consolidating and superseding the several Acts incorporating the town of Austell and reincorporating said town as a city so as to change the com pensation of the mayor and councilmen; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1991. By: Representative Bray of the 70th: A BILL to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff; to change the compensation of the deputies of the sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1992. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act abolishing the fee system of compensating the Clerk of the 1792 JOURNAL OF THE HOUSE, Superior Court and the Clerk of the State Court of Sumter County and provid ing in lieu thereof an annual salary so as to change the compensation of the deputy clerks; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1993. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis so as to change the annual salary of the sheriff; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1994. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner so as to clarify the provisions of the law to authorize the tax commissioner to receive the same commissions which were the usual and customary commissions received by the tax commissioner prior to January, 1977; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1995. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County so as to change the compensation of the chair man and members of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1996. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to re-create and establish a Board of Commissioners of Barrow County so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the chairman of the Board of Commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, FEBRUARY 24, 1978 1793 On the passage of the Bill, the ayes were 110, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1997. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1998. By: Representatives Burton of the 47th, Williamson of the 45th, Linder of the 44th, Tolbert, Butler, and Johnston of the 56th, Clark of the 55th, Noble of the 48th, and others: A BILL to amend the charter of the City of Chamblee so as to increase the fine and imprisonment and change the penalties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2000. By: Representative Culpepper of the 98th: A BILL to amend an Act creating a Small Claims Court for Crawford County so as to change the provisions relat ing to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating to fees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2004. By: Representatives Long of the 142nd, and Cox of the 141st: A BILL to create and establish a Small Claims Court of Grady County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2005. By: Representative McDonald of the 12th: A BILL to amend an Act creating a new charter for the City of Jefferson so as to provide that the mayor shall be eligible to succeed himself in office; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 1794 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2006. By: Representatives Knight of the 67th, and Ware of the 68th: A BILL to pro vide a new charter for the Town of Sharpsburg in the County of Coweta; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2011. By: Representative McDonald of the 12th: A BILL to create a new charter for the City of Hoschton; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 595. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court of Hancock County, approved March 24, 1976, so as to change the provisions relating to the jurisdiction of said court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 610. By: Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd: A BILL to amend an Act creating the State Court of Cobb County, approved March 26, 1964, so as to provide that the magistrates shall be elected; to pro vide for their election; to provide for their compensation; to provide for their practice of law; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SB 610 as follows: By adding in Section 1 on line 9 of page 2, immediately preceding the words "There shall", the following: "For the purpose of electing new magistrates to succeed said magistrates, there shall be two posts designated as Post 1 and Post 2. A candidate offering for the office of magistrate shall designate the post which he is offering as a candidate. The candidate who receives a majority of the votes cast for a post shall be the magistrate elected to said post." FRIDAY, FEBRUARY 24, 1978 1795 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 735-2002. By: Representative Irvin of the 10th: A RESOLUTION Proposing an amendment to an amendment to the Constitution known as the ToccoaStephens County Building and Parks Authority (Ga. L. 1964, pp. 948-964), ratified in the general election held November 3, 1964, so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens; to change the provisions relat ing to the maximum amount of interest payable on bonds issued by said Authority; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph I of the Constitution, as amended par ticularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is hereby amended by striking the following: "(5) To make contracts, leases and to execute all instruments necessary or conven ient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any divisions, department, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreement with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such prop erty and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; the substantive terms and conditions of such contracts and related agreements as relates to the City of Toccoa and Stephens County shall be approved by the assent of a majority of the qualified voters of said City and County, respectively, voting in an election for that purpose to be held as prescribed by law.", and inserting in lieu thereof the following: "(5) To make contracts, leases and to execute all instruments necessary or conven ient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any division, department, institutions or agen cies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and with out limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or 1796 JOURNAL OP THE HOUSE, facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such prop erty and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of main taining, repairing and operating the property furnished by and leased from the Authority." Section 2. Article IX, Section IV, Paragraph I of the Constitution, as amended par ticularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following: "D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five (5%) per centum per annum, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.", and inserting in lieu thereof the following: "D. Revenue Bonds. The Authority or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed Ten Million ($10,000,000.00) Dollars outstanding at any one time of the Authority for the purpose of paying all or any part of the costs as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding market rates of interest, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issu ance of the bonds." Section 3. Article IX, Section IV, Paragraph I of the Constitution, as amended par ticularly by resolution (Ga. L. 1964, p. 948) ratified November 3, 1964, is further amended by striking the following: "H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine for the best interests of the Authority, but no such sale shall be made at a price as low as to require the payment of interest on the money received therefore at more than five (5%) per centum per annum computed with rela tion to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.", and inserting in lieu thereof the following: "H. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority." FRIDAY, FEBRUARY 24, 1978 1797 Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to change the provisions relative to referendum approval of contracts between the Toccoa-Stephens County Building and Parks Authority and the City of Toccoa or Stephens County and the maximum interest rate payable on revenue bonds issued by said Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, B.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.fi. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 141, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: 1798 JOURNAL OF THE HOUSE, HR 642-1790. By: Representative Ham of the 80th: A RESOLUTION proposing an amendment to the Constitution so as to provide that in Monroe County the grand jury shall be authorized to arbitrate and resolve certain disputes relating to certain county matters as the General Assembly by local law may provide; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 642-1790 as follows: By striking from line 12 of page 1 the following: "Provided, however, that", and inserting in lieu thereof the following: "Notwithstanding any other provisions of this Constitution to the contrary,". Representative Ham of the 80th moved that the House agree to the Senate amend ment to HR 642-1790. On the motion, the ayes were 120, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: HB 1825. By: Representative Dover of the llth: A BILL to create and establish a Small Claims Court in and for Habersham County; and for other purposes. HB 1795. By: Representatives Glanton and Johnson of the 66th: A BILL to amend an Act establishing the State Court of Carroll County so as to change the compensa tion of the judge of that court; and for other purposes. HB 1714. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act to change the compensation of the coroner of Troup County so as to change the salary of the coroner; to provide an effective date; and for other purposes. HB 1627. By: Representatives Keyton of the 143rd, and Long of the 142nd: A BILL to amend an Act placing the Sheriff of Thomas County on a salary system of com pensation in lieu of the fee system so as to change the compensation of the sheriff; and for other purposes. HB 1685. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Newton County Water and Sewerage Authority Act", so as to provide for an administrator who may be a member of the Authority; to change the provisions relating to powers; and for other purposes. FRIDAY, FEBRUARY 24, 1978 1799 HB 1686. By: Representative Johnson of the 74th: A BILL to provide a new charter for the Town of Porterdale in the County of Newton; and for other purposes. HB 1712. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act creating a Small Claims Court in Troup County so as to change, the term of office of the judge; to provide for payment of the costs of the judge's bond; to provide for the payment of jurors; to specify and change cer tain fees and costs; and for other purposes. HB 1821. By: Representatives Jackson, Whitmire, and Wood of the 9th: A BILL to authorize the governing authority of Hall County to create special districts within the county for the purposes of providing sewer and water services; to require that the creation of such a district shall be subject to the approval of voters residing within the district; and for other purposes. HB 1713. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County) so as to change the salary of the judge and of the solicitor; to provide an effective date; and for other purposes. HB 1802. By: Representatives Jackson, Whitmire, and Wood of the 9th: A BILL to amend an Act establishing the State Court of Hall County (formerly known as the City Court of Hall County) so as to change the compensation of the solicitor of said court; to prohibit the solicitor of said court to engage in the practice of law; and for other purposes. HB 1803. By: Representatives Looper, Anderson, and Harris of the 8th: A BILL to amend an Act placing the Clerk of the Superior Court and Judge of Probate Court of Dawson County upon an annual salary so as to provide for a clerk for the judge of probate court; to provide for appointment and salary of that clerk; and for other purposes. SB 122. By: Senator Stephens of the 36th: A BILL to amend Code Chapter 24-27 pertain ing to the Clerks of Superior Court; and for other purposes. SB 581. By: Senators Barnes of the 33rd and Allgood of the 22nd: A BILL to amend an Act providing for modification of permanent alimony, approved March 9, 1955, so as to provide for legislative intent; to provide an effective date; and for other purposes. SB 615. By: Senator Carter of the 14th: A BILL to be entitled an Act to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the provisions relative to certain requirements for certification as a teacher, principal or guidance counselor; and for other pur poses. SB 619. By: Senator McGill of the 24th: A BILL to amend an Act providing for the regu lation of the sale of livestock at auction, approved March 7, 1956, so as to pro vide for the manner of making payment and depositing payment for livestock purchased at auction; and for other purposes. SB 481. By: Senators Robinson of the 27th and Barker of the 18th: A BILL to amend Code Section 85-408, relating to possession of land as notice of title and posses sion by the husband and wife, so as to provide that possession by the husband 1800 JOURNAL OF THE HOUSE, with the wife is presumptively the possession of both, but it may be rebutted; and for other purposes. SB 547. By: Senator Allgood of the 22nd: A BILL to amend Code Title 22, relating to cor porations, so as to add to the venue requirements for foreign corporations in actions on contracts made or performed in whole or in part in the county where the cause of action originated; and for other purposes. SB 523. By: Senators Sutton of the 9th, Paulk of the 13th, Langford of the 51st and others: A BILL to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to specify the probate court in which jurisdic tion in certain circumstances shall be taken; to provide an effective date; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 742. By: Representative Clifton of the 107th: A BILL to provide for the election of members of the Board of Education of Bryan County; to change the size of the board; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; and for other purposes. HB 1715. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act creating a Board of Commissioners for Troup County so as to change certain provisions relating to the issuance of building permits; to provide an effective date; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House: SR 315. By: Senator Kidd of the 25th: A RESOLUTION to create the Cost of Care Study Committee; and for other purposes. SR 333. By: Senator Overby of the 49th: A RESOLUTION proposing an amendment to the Constitution so as to provide that when private property is taken or dam aged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. SR 328. By: Senator Wessels of the 2nd: A RESOLUTION authorizing the State Prop erties Commission for and on behalf of the State of Georgia, to grant and con vey to the City of Savannah Beach, Tybee Island, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in the Savannah River, Chatham County, Georgia, for the construc tion and maintenance of a tee dock and improvements; and for other purposes. HR 699. By: Representatives Knight of the 67th, Ross of the 76th, Felton of the 22nd and Sizemore of the 136th: A RESOLUTION endorsing the importance of character education as a vital part of public education; and for other purposes. HR 485-1380. By: Representatives Home of the 104th, Pinkston of the 100th, Birdsong of the 103rd, Davis of the 99th, Lucas of the 102nd, and Randall of the 101st: A FRIDAY, FEBRUARY 24, 1978 1801 RESOLUTION proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "homestead" as that term is used for purposes of determining certain exemptions from certain taxa tion in Bibb County; and for other purposes. HR 576-1662. By: Representative Knight of the 67th: A RESOLUTION proposing an amendment to the Constitution so as to clarify and limit the powers of the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the operational governing authority for the utility systems of the City of Newnan; and for other purposes. HR 645-1791. By: Representatives Glanton and Johnson of the 66th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a civil service system for any or all persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Carroll County; and for other purposes. HR 655-1828. By: Representative Ham of the 80th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing authority of Jones County to levy and collect an ad valorem property tax, not to exceed onehalf mill, for the exclusive use of the Development Authority of Jones County; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 642-1790. By: Representative Ham of the 80th: A RESOLUTION proposing an amendment to the Constitution so as to provide that in Monroe County the grand jury shall be authorized to arbitrate and resolve certain disputes relating to certain county matters as the General Assembly by local law may provide; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 218. By: Senators Wessels of the 2nd, Scott of the 43rd, Johnson of the 34th, and others: A RESOLUTION proposing an amendment to the Constitution, so as to provide that the fair market value for ad valorem tax purposes of any home stead of a resident of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of the fair market value of such property or the fair market value of such property on the first day of January following the year in which the owner becomes sixty-five years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 122. By: Senator Stephens of the 36th: A BILL to amend Code Chapter 24-27 pertain ing to the Clerks of Superior Court; and for other purposes. Referred to the Committee on State of Republic. SB 481. By: Senators Robinson of the 27th and Barker of the 18th: A BILL to amend Code Section 85-408, relating to possession of land as notice of title and posses- 1802 JOURNAL OF THE HOUSE, sion by the husband and wife, so as to provide that possession by the husband with the wife is presumptively the possession of both, but it may be rebutted; and for other purposes. Referred to the Committee on Judiciary. SB 523. By: Senators Sutton of the 9th, Paulk of the 13th, Langford of the 51st and others: A BILL to amend Code Section 49-604, relating to the procedure for the appointment of a guardian, so as to specify the probate court in which jurisdic tion in certain circumstances shall be taken; to provide an effective date; and for other purposes. Referred to the Committee on Special Judiciary. SB 547. By: Senator Allgood of the 22nd: A BILL to amend Code Title 22, relating to cor porations, so as to add to the venue requirements for foreign corporations in actions on contracts made or performed in whole or in part in the county where the cause of action originated; and for other purposes. Referred to the Committee on Special Judiciary. SB 581. By: Senators Barnes of the 33rd and Allgood of the 22nd: A BILL to amend an Act providing for modification of permanent alimony, approved March 9, 1955, so as to provide for legislative intent; to provide an effective date; and for other purposes. Referred to the Committee on Judiciary. SB 615. By: Senator Carter of the 14th: A BILL to be entitled an Act to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the provisions relative to certain requirements for certification as a teacher, principal or guidance counselor; and for other pur poses. Referred to the Committee on Education. SB 619. By: Senator McGill of the 24th: A BILL to amend an Act providing for the regu lation of the sale of livestock at auction, approved March 7, 1956, so as to pro vide for the manner of making payment and depositing payment for livestock purchased at auction; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SR 218. By: Senators Wessels of the 2nd, Scott of the 43rd, Johnson of the 34th, and others: A RESOLUTION proposing an amendment to the Constitution, so as to provide that the fair market value for ad valorem tax purposes of any home stead of a resident of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of the fair market value of such property or the fair market value of such property on the first day of January following the year in which the owner becomes sixty-five years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation; and for other purposes. Referred to the Committee on Ways & Means. SR 315. By: Senator Kidd of the 25th: A RESOLUTION to create the Cost of Care Study Committee; and for other purposes. FRIDAY, FEBRUARY 24, 1978 1803 Referred to the Committee on Health & Ecology. SR 328. By: Senator Wessels of the 2nd: A RESOLUTION authorizing the State Prop erties Commission for and on behalf of the State of Georgia, to grant and con vey to the City of Savannah Beach, Tybee Island, an easement over, under, across and through certain property owned or claimed by the State of Georgia and located in the Savannah River, Chatham County, Georgia, for the construc tion and maintenance of a tee dock and improvements; and for other purposes. Referred to the Committee on State Institutions & Property. SR 333. By: Senator Overby of the 49th: A RESOLUTION proposing an amendment to the Constitution so as to provide that when private property is taken or dam aged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. Referred to the Committee on Judiciary. Representative Irvin of the 23rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1989. By: Representative Johnson of the 72nd: A BILL to amend Code Section 67-1301.1, providing requirements relative to transfer of real property involved in deeds to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Carlisle, J. Carnes, C. Carrell, B. Cason, G. Y Castleberry, D. Chance, G. N Childere, E.M. Childs, P. Clark, Betty Clark, L. N Clifton, A.D. N Coleman, T. Collins, M. N Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Culpepper, B. N Daniel, G. Y Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. N Diion, H.D. Dover, Bill Edwards, W. EUiott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Hamilton, G. Hanner, B. N Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. Jones, Herb N Kaley, M. Karrh, R. N Kemp, R. N Keyton, J.W. Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, WJ.(BiU) Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. Looper, M. Lord, J. Lucas, D.E. N Mann, C.C. N Marcus, S.J. Matthews, D.R. N McCollum, H. N McDonald, L. McKinney, J.E. N Milford, B. N Money, J. Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. N Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Owens, R.D. Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, B. N Ramsey, T. Randall, W.C. N Reaves, H.L. Richardson, E. N Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. N Scott, A. Scott, D. Sizemore, E. N Smith, V.B. Smyre, C. Snow, Wayne,Jr. Steinberg, C. N Stone, R. Y Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. 1804 JOURNAL OF THE HOUSE, Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 19, nays 92. The motion was lost. The following Resolutions of the House were read and adopted: HR 778. By: Representative Murphy of the 18th: A RESOLUTION commending Misty Stieglitz; and for other purposes. HR 779. By: Representatives Parham of the 109th and Baugh of the 108th: A RESOLU TION recognizing the Union Recorder of Milledgeville, Georgia; and for other purposes. By unanimous consent, all Bills and Resolutions passed today were ordered immedi ately transmitted to the Senate. Under the general order of business, established by the Committee on Rules, the fol lowing Resolutions of the House were taken up for consideration and read the third time: HR 565-1598. By: Representative Kilgore of the 65th: A RESOLUTION compensating Mr. Lewis W. Thomas; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 565-1598 by striking the amount "$6,400.00" on line 1, page 2 and inserting in lieu thereof the figure "$1,000.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 442-1274. By: Representative Hawkins of the 50th: A RESOLUTION compensating Dr. John S. Austin, Jr.; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 456-1312. By: Representative Horton of the 43rd: A RESOLUTION compensating Mrs. Herbert C. Millkey, Sr.; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 145, nays 0. FRIDAY, FEBRUARY 24, 1978 1805 The Resolution, having received the requisite constitutional majority, was adopted. HR 475-1340. By: Representative Jones of the 126th: A RESOLUTION compensating Mr. Jerry L. Fowler; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 588-1710. By: Representative Glanton of the 66th: A RESOLUTION compensating Mr. Wayne Cavender; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 439-1274. By: Representative Savage of the 25th: A RESOLUTION compensating Mr. Tom Suther; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HR 505-1436. By: Representative Isakson of the 20th: A RESOLUTION compensating Mr. Wilson A. Nantz; and for other purposes. The following amendment was read: The Committee on Appropriations moves to amend HR 505-1436 by striking the figure "$265.00" on line 23, page 1 and inserting in lieu thereof the figure "$250.00". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 582-1671. By: Representative Murray of the 116th: A RESOLUTION compensating Mr. Tom E. Ireland; and for other purposes. The following amendment was read: The Committee on Appropriations moves to amend HR 582-1671 by striking the figure "$25,000.00" on line 23, page 1 and inserting in lieu thereof the figure "$2,000.00". 1806 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 867. By: Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd, Walker of the 115th, and Snow of the 1st: A BILL to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases; and for other purposes. The following Senate substitute was read: A BILL To amend an Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, so as to provide the cir cumstances and the procedures for the granting of bail in criminal cases; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act comprehensively revising appellate and other posttrial procedures, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, is hereby amended by adding between Sections 7 and 8 a new Section 7A to read as follows: "Section 7A. (a) In all cases where a conviction is obtained and bond is not set by the presiding judge and a motion for new trial has been made or a notice of appeal filed and except where a sentence of death has been imposed, the defendant may apply to the trial judge before whom the case was tried or the presiding judge or his successor for bail pending appeal. Said application shall be in writing and shall set forth the full name of the applicant, any nicknames or other names by which the applicant has been known, the applicant's social security number, all places the applicant has resided within the last twenty years, the names of all former employers within the last five years, and names and current addresses of the applicant's three nearest relatives. (b) The motion and application for bail shall be served upon the prosecuting attorney. A hearing on the motion by the court shall be held at the time of sentencing, or if said motion is not filed at the time of sentencing, then not later ten (10) days after service on the prosecuting attorney. The judge may consider all the evidence adduced at trial that is pertinent to this determination in addition to such other oral and documentary evidence that is offered under the provisions of this Act. (c) At no time, while an appeal is pending, shall any person convicted of a misde meanor be denied release on reasonable bail or his own recognizance. In all other cases, in which an application for bail pending appeal under this law may be made, release should not be granted unless the court finds that there is not a substantial risk the appellant will not appear to answer the judgment following conclusion of the appellate proceedings and that appellant is not likely to commit a serious crime, intimidate wit nesses or otherwise interfere with the administration of justice, and that the appeal is not frivolous or taken for delay. In making this determination, the court should take into account the nature of the crime and length of sentence imposed as well as the fac tors relevant to pretrial release. (d) A person denied release after application and hearing as provided in this law may appeal such order. Any order so appealed shall be affirmed if it is authorized by the evi- FRIDAY, FEBRUARY 24, 1978 1807 dence. If the order denying release is not authorized by the evidence, the appellate court shall remand the case to the trial court for further hearings consistent with their deter mination. The appeal shall be determined promptly but not later than ten (10) days after filing the record in the appellate court, by the Chief Justice of the Supreme Court or the Chief Judge of the Court of Appeals or any Justice or Judge designated by him." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Ham of the 80th moved that the House disagree to the Senate substi tute to HB 867. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time: HR 577-1662. By: Representatives Walker of the 115th, Snow of the 1st, Hatcher of the 131st, Carnes of the 43rd, Karrh of the 106th, and Culpepper of the 98th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may provide for using six-man juries in superior court in all trials except felony trials where the jury must be twelve; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section XV of the Constitution is hereby amended by adding to the end of Paragraph I the following: ", where the number may be no less than six, provided in all felony trials there shall be a twelve-man jury", so that when so amended, said Paragraph shall read as follows: "Paragraph I. Right of Trial by Jury. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assem bly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in superior court where the number may be no less than six, provided in all felony trials there shall be a twelve-man jury." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide that the General Assembly may provide for the use of six-man juries in superior court, in ( ) NO all trials except felony trials where the jury must be twelve?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: 1808 JOURNAL OF THE HOUSE, A RESOLUTION Proposing an amendment to the Constitution so as to specify the minimum number of jurors in trials in the superior courts; to provide for editorial revision; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section XV, Paragraph I of the Constitution is hereby amended by striking said Paragraph in its entirety and substituting in lieu thereof a new Paragraph I to read as follows: "Paragraph I. Right of Trial By Jury, (a) The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate; bat the.^ (b) The General Assembly may prescribe any number^ net less than five; te consti ttrte a trial, er tfavcroc jury, except i the superior court of jurors to constitute a trial or traverse jury except that: (1) In courts other than superior courts the number shall not be less than five. (2) In superior courts the number shall not be less than twelve other than for mis demeanor trials in which case the number shall not be less than six." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to require juries of at least 12 members in the superior courts except for misdemeanor cases which may ( ) NO be tried with juries of at least six members?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Cornell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Poster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Hairison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Mullinax, E.G. FRIDAY, FEBRUARY 24, 1978 1809 Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, E.G. Y Phillips, L.L. Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 145, nays 3. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HB 1958. By: Representatives Walker of the 115th, Harris of the 8th, Murphy of the 18th, and Coleman of the 118th: A BILL to amend an Act known as the "Executive Reorganization Act of 1972"; to provide for the transfer of the functions of pay ment of the salaries and expenses of judges and district attorneys to the Administrative Office of the Courts; and for other purposes. The following amendment was read and adopted: Representative Walker of the 115th moves to amend H. B. 1958 as follows: By inserting following the word "Courts" on line 28 of page 1 the following: "; to amend Code Section 24-2905.1, relating to travel expenses of district attorneys, so as to change the provisions relating to approval and payment of travel expenses; to provide for payment by the Administrative Office of the Courts; to amend a Reso lution providing that the judges of the superior courts of this State shall be entitled to receive reimbursement of traveling expenses, approved February 18, 1945 (Ga. Laws 1945, p. 1199), as amended, so as to change the provisions relating to the payment of traveling expenses; to provide for payment by the Administrative Office of the Courts; to amend an Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975 (Ga. Laws 1975, p. 1623), so as to provide that the Prosecut ing Attorneys' Council shall prepare and submit certain budget estimates". By renumbering Sections 14 and 15 as Sections 17 and 18, respectively. By inserting following Section 13, three new Sections, to read as follows: "Section 14. Code Section 24-2905.1, relating to travel expenses of district attor neys is hereby amended by striking from paragraph (4) of subsection (b) of said Code Section the following: 'Fiscal Division of the Department of Administrative Services', and inserting in lieu thereof the following: 'Administrative Office of the Courts', so that when so amended paragraph (4) of subsection (b) shall read as follows: '(4) The District Attorney shall once a month submit a detailed and certified statement of the items of expense due each person as authorized by this Section to the State Auditor. The State Auditor shall audit each amount and, if found correct, approve the same for payment and transmit the amount due each person to the Fiscal Division ef the Department ef Administrative Services Administrative Office 1810 JOURNAL OF THE HOUSE, of the Courts for the payment from the funds available for the operation of the superior courts of this State.' Section 15. A Resolution providing that the judges of the Superior courts of this State shall be entitled to receive reimbursement of traveling expenses, approved February 18, 1945 (Ga. Laws 1945, p. 1199), as amended, is hereby amended by strik ing from paragraph 4. the following: 'State Treasurer', and inserting in lieu thereof the following: 'Administrative Office of the Courts', so that when so amended paragraph 4. shall read as follows: '4. The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this reso lution, to the State Auditor, and the State Auditor is hereby directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the State Treasurer Administrative Office of the Courts for payment from the funds available for the operation of the superior courts of this State.' Section 16. An Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975 (Ga. Laws 1975, p. 1623), is hereby amended by inserting, following Section 4, a new Section 4A, to read as follows: 'Section 4A. Any other provision of law to the contrary notwithstanding, the Prosecuting Attorneys' Council of Georgia shall prepare and submit the budget esti mates for the Prosecuting Attorneys' Council of Georgia and for the operations of the several district attorneys' offices for inclusion without change within the overall budget estimate prepared for the operation of the superior courts.'" The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson. J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. FRIDAY, FEBRUARY 24, 1978 1811 Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 144, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1233. By: Representatives Toles of the 16th, Oldham of the 14th, and Childers of the 15th: A BILL to amend an Act authorizing the State Personnel Board to pro vide a health insurance plan for public school employees, as amended, so as to change certain definitions to include librarians and other employees of regional and county libraries for eligibility under said health insurance plan; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 991), so as to change certain definitions to include librarians and other employees of regional and county librar ies for eligibility under said health insurance plan; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing the State Personnel Board to provide a health insur ance plan for public school employees, approved February 27, 1975 (Ga. Laws 1975, p. 37), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 991), is hereby amended by inserting, immediately preceding the last sentence of subsection (a) of Section 1, the following: "The terms 'public school teacher', 'teacher' and 'employee' shall also include librar ians and other personnel employed by regional and county libraries.", so that when so amended said subsection (a) shall read as follows: "(a) The terms 'public school teacher", 'teacher' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this State. The terms 'public school teacher', 'teacher' and 'employee' shall also include librarians and other personnel employed by regional and county libraries. The terms 'public school teacher', 'teacher' and 'employee' shall not be deemed to include any emergency or temporary employee." Section 2. Said Act is further amended by inserting, immediately preceding the period appearing at the end of subsection (b) of Section 1, the following: ", and regional and county libraries", so that when so amended said subsection (b) shall read as follows: "(b) The term 'local employer' means the local county or independent board of educa tion; and regional and county libraries." Section 3. This Act shall not become effective until funds are appropriated or other wise made available to carry out its provisions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. 1812 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y ColweU, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y PhiUips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves. H.L. Y Richardson, E. Y Robinson, C. Y Boss, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1417. By: Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, Culpepper of the 98th, Felton of the 22nd, Dover of the llth, Watson of the 114th, and others: A BILL to amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to clarify a certain ineligibility; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to provide for applicability to members of county boards of elections; to provide for eligibility; to clarify a certain ineligibility; to provide for excep tions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-605, relating to qualifications of registrars and deputy registrars, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 34-605, to read as follows: FRIDAY, FEBRUARY 24, 1978 1813 "34-605. Qualifications of registrars and deputy registrars. Registrars and deputy regis trars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, dep uty registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, or shall be eligible to qualify for any nomination or office, or to have his name placed on any primary or election ballot pursuant to Sections 34-1005 and 34-1002 respectively, or to give a notice of his intention of write-in candidacy, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Provided, nothing herein shall preclude a registrar, deputy registrar, or member of a county board of elections from holding political party or body office or serving as a presidential elector." Section 2. Code Section 34A-503, relating to qualifications of registrars and deputy registrars in municipal elections, is hereby amended by striking from the second sentence thereof the following: "or deputy registrar", and inserting in lieu thereof the following: ", deputy registrar, or member of a board of electors,", and by inserting in the second sentence thereof, after the following: "shall be eligible to", the following: "file a notice of candidacy for", so that when so amended, said Code Section shall read as follows: "34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a regis trar er deputy rcgi3trart deputy registrar, or member of a board of electors, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster. P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J. (Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhiUips, W.R. Y Pilewicz, G. 1814 JOURNAL OF THE HOUSE, Pinkaton, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HR 741-2012. By: Representative Buck of the 95th: A RESOLUTION authorizing the Gov ernor on behalf of the State of Georgia to convey to the Colonial Pipeline Com pany, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. The following amendment was read and adopted: The Committee of the House on State Institutions and Property moves to amend H R. 741-2012 as follows: on line 27, page 2 after the word "that" inserting the following: "the State Properties Commission, by its Chairman," and on line 1, page 3 by striking the words "be and he" and on line 16, page 3 after the word "Resolution" inserting the following: "the State Properties Commission, by its Chairman," and on line 17, page 3 by striking the words "be and he" The report of the Committee, which was favorable to the adoption of the Resolution as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the voti was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Y Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. FRIDAY, FEBRUARY 24, 1978 1815 Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. HR 739-2007. By: Representatives Reaves of the 147th, and Pinkston of the 100th: A RESOLUTION authorizing the Georgia Forestry Commission to execute a longterm lease with the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agriculture, for a certain tract of land located in Bibb County, together with the improvements located and to be located thereon; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 1816 JOURNAL OF THE HOUSE, On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. HB 1953. By: Representative Phillips of the 91st: A BILL to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency so as to exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State; and for other purposes. The following amendment was read and adopted: Representative Phillips of the 91st moves to amend HB 1953 by striking, beginning on line 23, the last sentence on page 2, in its entirety. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance. G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kil'gore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amen_ dje,,dj HB 1728. By: Representative Milford of the 13th: A BILL to amend an Act known as the Uniform Act Regulating Traffic on Highways so as to change the provisions relative to immediate reports of motor vehicle accidents; to amend Code Title FRIDAY, FEBRUARY 24, 1978 1817 68C, known as The Motor Vehicle Safety Responsibility Act; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams. G. Y Adams. Marvin Y Andersen, W. Y Argo, B. Y Auten, B. Y Baikcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh. W.E. Y Beck, j.M. Y Beckham, B. Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Rray, C.A. Y Buck, T.B. Y BUITUSB, A.L. Y Burton, J. Y B-jt-er, D. Y Canty, H. Carlisle, J. Y Csrnes, C. Carrell, B. Y Cason. G. Y Castleberry, D. Y Chance. G. Y Childera. EM. Y Childa, P. dark, Betty Y Clark. L. Y Clifton. A.D. C'.ikman, T. Y Cniiins. M. Y Colwell, C.H. Y Connell. ,/. Cooper, B. Y Cox, W.E. Y Crosby, T. Y Cuipepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, U.C. Y Kent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y filliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster. P.W. Y Foster, R.L. Y Oaler, M. Y G:!mmage, L. Y Gignilliat, A. Y Gianton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harnson, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays. F.,Jr. Y Hill, B.L. Y K,;!mes. Bob Home, P. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, P.. Y Isakson, J. V Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston. J. Y Jones, B. Jones. Herb Y Kaley, M. Y Karrh, R. Y Kemo, R. Y Kevton, J.W. Y Kiigore, T.M. V Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lar.e, W.J. Y Lee, W.J.(Bill) Ijenderman, M. Y S.iader, J. Y Logan, H. Y Long, W.K. Y Lcooer, M. Y Lord, J. Lucas, D.E. Y Mnnn. C.C. Marcus, S.J. Y Matthews, O.E. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y' Money, J. Mostiler. J.L. Y Mullinax, E.G. Y Murray. B. Y Nessmith, P.E. N-chola. M. Y Nix, K. Y Noble. Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainev, H. Y Ralston, E. V Ramsev. T. Y Randail, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross. Ben B. Y Rowland, J.R. Y' Rush. Dewev Y Russell, J. Y Savage, J. \ Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. V Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Toibert, T. Toles, E.B. Y Townsend. K.V. Triplett. Tom Y Truiuck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazev, M. Y Waddle, T.W. Y Walker, L. Y Wall. V. Ware, J.C. Y Watkins, L. Y Watson, R.H.Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. \ Vvilliamson, G. Y Wilson, J.M. Y W(,.x], J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 146, nays 0. Ths Bill, having received the requisite constitutional majority, was passed. 1967. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act known as the "Georgia Water Quality Control Act" so at, to authorize the approval of county or private projects for which loans or grants uijfirir any Federal Act are made; to provide updated citations to the federal law re:au,:g lo the construction grants program; and for other purposes. The following amendment was read: ", except that this subsection shall not authorize the Director to issue permits with respect to projects under review by the United States Army Corps of Engineers on the effective date of this subsection". 1818 JOURNAL OF THE HOUSE, On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Y Adams, G. N Adams, Marvin Y Andersen, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. N Bolster, P. Y Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. Cairell, B. Y Cason, G. Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. N Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Y Greer, J.W. Y Ham, B. N Hamilton, G. N Banner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. N Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. Karrh, R. Y Kemp, R. N Keyton, J.W. Kilgore, T.M. Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. N Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. N McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. Y Nessmith, P.E. N Nichols, M. N Nix, K. N Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. N Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 94, nays 51. The amendment was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. FRIDAY, FEBRUARY 24, 1978 Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. 1819 Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1735. By: Representative Carnes of the 43rd: A BILL to amend Code Section 22-1401, relating to the admission of foreign corporations, so as to provide that foreign trusts transacting business or owning property in this State shall be subject to the provisions of the Georgia Business Corporation Code as though they were foreign corporations; and for other purposes. The following substitute, offered by Representative Carnes of the 43rd, was read: A BILL To amend Code Title 22, relating to corporations, as amended, so as to provide that foreign trusts transacting business or owning property in this State shall be subject to the provisions of the Georgia Business Corporation Code as though they were foreign corpora tions; to provide restrictions on voting or counting treasury stock when held by a corpora tion or by a subsidiary of such corporation in a fiduciary capacity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 22, relating to corporations, as amended, is hereby amended by adding at the end of Code Section 22-1401, relating to the admission of foreign corpora tions, a new subsection (d) to read as follows: "(d) Foreign trusts transacting business or owning real property in this State shall be subject to the provisions of this Code as though they were foreign corporations and the Secretary of State shall have duties, powers and authority to act accordingly." Section 2. Code Title 22, relating to corporations, as amended, is hereby amended by adding at the end of subsection (c) of Section 22-608, relating to treasury shares, a new sentence to read as follows: "Notwithstanding any other provision of law to the contrary, shares of its own stock held by a corporation or by a subsidiary of such corporation in a fiduciary capacity shall not be voted at any meeting or counted in determining the total number of outstanding shares at any given time." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. An amendment, offered by Representatives Veazey of the 146th, Walker of the 115th, Lane of the 81st and others, was read and withdrawn. The substitute was adopted. 1820 JOURNAL OF THE HOUSE, The report of the Committee, which was i'avorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron. E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield. J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty. H. Y Carlisle, J. Y Caines, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, R. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover. Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage. L. Y Gignilliat, A. Y Glantorr, Tom Glover, M Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchmson, R.S. Y Irvin, J. Y Irvin, H. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford. B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randali, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, I,. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Wataon, R.H.,Jr. Y Wheeler, Bobby Y Whit*, 0. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Argo of the 63rd stated that he had been called from the floor of the House when the roll was called on the passage of HB 1735, by substitute, but had he been present would have voted "aye" thereon. HB 1506. By: Representatives Horne of the 104th, Pinkston of the 100th, Kemp of the 139th, Nix of the 20th, Davis of the 99th, Birdsong of the 103rd, and Randail of the 101st: A BILL to amend Code Chapter 67-7, relating to the manner of foreclosures of mortgages on personalty so as to provide for the giving of oaths in certain cases in which the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found: and for other purposes. The following substitute, offered by Representative Pinkston of the 100th, was read and adopted: A BILL To amend Code Chapter 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended, so as to provide for the giving of oaths in certain cases in which FRIDAY, FEBRUARY 24, 1978 1821 the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found; to change certain practices and proce dures; to change the provisions relating to the issuance of summons; to amend an Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), so as to further define and clarify the meaning of the term "original party''; 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 67-7, relating to the manner of foreclosure of mortgages on personalty, as amended, is hereby amended by adding at the end of Code Section 67-702, the following: "If the person holding the security interest is not a resident of the county where the debtor resides or where the secured property may be found, any oath required by this Section may be made before a judge of any court of record within this State and for warded, with the petition, to the appropriate judge, justice of the peace or clerk in the county where the debtor may reside or where the secured property may be found.", so that when so amended Code Section 67-702 shall read as follows: "67-702. Petition for Writ of Possession. Upon statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the same may petition, either in person or by his agent or attorney in fact or at law, for a writ of possession before any judge of the superior court, or any justice of the peace, or any judge of any other court having jurisdiction over such proceedings, or any clerk of any such court within the county where the debtor may reside or where the secured property may be found. If the person holding the security interest is not a resident of th county where the debtor resides or where the secured property may bj3 founcL any oath required by this Section may be made before a judge of any court of record within this State and forwarded, with the petition, to the appropriate judge, justice of the peace or clerk in the county where the debtor may reside or where tjie secured n^roperty^ rn_ay_ be found." Section 2. Said Code Chapter is further amended by striking from Code Section 67-703, the following: "before whom it was made", so that when so amended Code Section 67-703 shall read as follows: "67-703. Summons to Be Served on Defendant. When the petition provided for in Section 67-702 shall be made, the judge, justice or clerk before whom it was made shall grant and issue a summons to the sheriff, or his deputy or marshal, or any lawful con stable of the county where the debtor resides or the secured property may be found. Service shall be made by said officer delivering a copy of the summons attached to a copy of the petition to the defendant personally, or if said officer is unable to serve the defendant personally service may be had by delivering said summons and petition to any person sui juris residing on the premises or. after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and petition on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mailing by first class maii a copy of said summons and petition to the defendant at his last known address, if any, and making an entry of this action on the petition filed in said case. It shall be the obligation of the debtor to advise the secured creditor of any change of his address subsequent to the date of the granting of the security inter est. The summons served on the defendant pursuant hereto shall command and require the defendant to appear at a hearing on a day certain fixed by such judge, justice or clerk not less than seven days from the date the summons was served." Section 3. Said Code Chapter is further amended by striking Code Section 67-704 in its entirety and inserting in lieu thereof a new Code Section 67-704 to read as follows: ''67-704. Answer and Trial. At or before the time of hearing, the defendant may answer in writing. Also, the defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed by the court on the petition. 1822 JOURNAL OF THE HOUSE, The answer may contain any legal or equitable defense or counterclaim. If the defendant fails to answer on or before the date of the hearing, the defendant may reopen the default as a matter of right by making an answer within seven (7) days after the date of the default notwithstanding the provisions of Section 55 of the Georgia Civil Practice Act (Ga. Laws 1966, jx 609), as now or hereafter amended. If the seventh day is a Satur day, Sunday or legal holiday, then the answer may be made on the next day which is not a Saturday, Sunday or legal holiday. If the defendant fails to answer or open the default, the court shall grant a writ of possession and, if otherwise permitted by this Chapter, the plaintiff shall be entitled to a verdict and judgment by default for all of the amount due, together with costs, in open court or chambers, as if every item and paragraph of the affidavit provided for in Section 67-702 were supported by proper evi dence without the intervention of a jury. If the defendant answers, a trial of any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record. The trial shall not be held before seven days have elapsed from the date of the hearing. Every effort shall be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the secured prop erty pending the final outcome of the litigation, provided that the defendant complies with the provisions of Section 67-705." Section 4. An Act delimiting the effect of "open-end" clauses appearing in mortgages or deeds conveying realty as security for a debt, approved March 25, 1958 (Ga. Laws 1958, p. 655), is hereby amended by adding at the end of Section 1 the following: "The term 'original party' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mort gage or deed conveying realty as security for a debt shall be merged or consolidated.", so that, when so amended, Section 1 shall read as follows: "Section 1. That the operation of 'open-end' clauses contained in real estate mortgages or deeds conveying realty as security for a debt which clauses provided that such instru ments or the property thereby conveyed secured, in addition to the debt therein named or described, any other debt or obligation that may be or become owing by the mort gagor or grantor is limited to other debts or obligations arising ex contractu (as distin guished from ex delicto) between the original parties to such security instrument. The term 'original party' as used herein shall include, without limitation, any bank, trust company, or other corporation into which the grantee of any such real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1826. By: Representatives Coleman of the 118th, Foster of the 152nd, Parham of the 109th, Baugh of the 108th, Jessup of the 117th, Hanner of the 130th, McDonald of the 12th, and others: A BILL to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State so as to pro vide for special and distinctive automobile license plates for the elected sheriffs of the counties of this State; to provide a fee; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. FRIDAY, FEBRUARY 24, 1978 1823 On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 656-1834. By: Representatives Coleman of the 118th, Foster of the 152nd, Keyton of the 143rd, Long of the 142nd, Milford of the 13th, and Veazey of the 146th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by striking paragraph 7. in its entirety and inserting in lieu thereof a new para graph 7. to read as follows: "7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman or prison guard which is in excess of $50,000. The General Assembly is hereby authorized to levy taxes and to appropriate State funds, to provide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. 1824 JOURNAL OF THE HOUSE, Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B.' Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderroan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore. E. Y Smith, v!B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HB 1488. By: Representatives Buck of the 95th, and Greer of the 43rd: A BILL to amend an Act creating emeritus offices for certain State officials so as to change cer tain provisions relative to the salary of emeritus officers; to amend Code Section 93-208, relating to salaries of Public Service Commissioners, so as to strike certain limitations on the salary of an emeritus commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Adams, G. N Adams, Marvin N Anderson, W. Y Argo, B. N Auten, D. Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. l-i Benefield, J. N Birdsong. K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Canon, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. N Clark, Betty Y Clark. L. Clifton, A.D. Coleman, T. Collins. M. N Coiweli, C.H. Y Connell, J. Y Cooper, B. N Cox, W.E, N Crosby, T. Y Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. N Deveaux, C. N Dixon, H.D. N Dover, Bill Y Edwards, W. N Elliott, E.H. Evans, W.D. N Felton, D. Y Foster, P.W. N Foster. R.L. Y Galer. M. Y Gammage. L. Y Gignilliat. A. N Gianton, Tom N Glover, M. Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. M Hanner, B. Harris, B.B.,Sr. Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. N Isakson, J. N Jackson, J.D. Y Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Y Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. N Lord, J. Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. N McDonald, L. FRIDAY, FEBRUARY 24, 1978 1825 McKinney, .I.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Nessmith, P.E Y Nichols, M. N Nil, K. Noble, Bil! N Oldham, L. N Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. Ramsey, T. N Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Rosa, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage. J. N Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow. Wayne.Jr. Y Steinberg, C. N Stone, R. N Swarm, D. Y Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. Y Tuten, J. Twiggs, R. N Vaughn, C.R. Y Veazey, M. Waddle, T.W. N Walker. L. N Wall, V. Ware, J.C. N Watkins. L. N Watson, R.H.,Jr. Y Wheeler, Bobby N White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 51, nays 81. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Greene of the 138th stated that because of a conflict of interest he abstained from voting on the passage of HB 1488. The following message was received from the Senate through Mr. McWhorter. the Secretary thereof: Mr. Speaker: The Senate insists on its substitutes to the following Bills of the House: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. Representative Hutchinson of the 133rd moved that the House insist on its position in disagreeing to the Senate substitute and that a Committee of Conference on the part of the House be appointed to confer with a like Committee on the part of the Senate. The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: 1826 JOURNAL OF THE HOUSE, Representatives Hutchinson of the 133rd, Harris of the 60th, and Sizemore of the 136th. The following Resolution of the House was read and adopted: HR 780. By: Representatives Hamilton of the 31st, Daugherty of the 33rd, Hill of the 127th, Watkins of the 34th, Horton of the 43rd and others: A RESOLUTION commending Atlanta University on its 112th anniversary and for other pur poses. By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State of Republic and referred to the Committee on State Planning and Com munity Affairs: SB 122. By: Senator Stephens of the 36th: A BILL to amend Code Chapter 24-27, pertain ing to the Clerks of Superior Court; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1905. By: Representative Adams of the 36th: A BILL to amend Code Section 88-3111, relating to exemptions from certain provisions regulating ambulance services, so as to exempt certain emergency vehicles; and for other purposes. The following substitute, offered by Representative Adams of the 36th, was read and adopted: A BILL To amend Code Chapter 88-31, relating to regulation of ambulance service, as amended, so as to provide for the regulation and modification of emergency medical sys tems communications programs in the State by the Department of Human Resources; to provide for the administration of emergency medical systems communications programs by the Department of Human Resources, acting upon the recommendations of a local coordi nating entity; to provide for implementation and operation of emergency medical systems communications programs by a local base communications center; to provide for the oper ation of an emergency medical systems communications program in an economical and efficient manner; to provide for the designation of geographical territories to be serviced by participating ambulance services; to provide for the Department of Human Resources to enter into contracts; to provide legislative intent; to provide exemptions from certain provisions regulating ambulance services so as to exempt certain emergency vehicles; to provide that all ambulance services shall work and be a part of any 911 communication systems; to provide for all other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 88-31, relating to regulation of ambulance service, as amended, is hereby amended by adding a new Code Section at the beginning of said Code Chapter to be designated Code Section 88-3100, to read as follows: "88-3100. Legislative Determination of Need and Declaration of Policy, (a) The Gen eral Assembly finds and determines: (1) that the furnishing of emergency medical services is a matter of substantial importance to the people of the State of Georgia; (2) that the cost and quality of emergency medical services are matters within the public interest; FRIDAY, FEBRUARY 24, 1978 1827 (3) that it is highly desirable for the State to participate in emergency medical sys tems communications programs established pursuant to United States Public Law 93-154, commonly known as the Emergency Medical Services Systems Act of 1973; (4) that the administration of an emergency medical systems communications pro gram should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program and all ambulance services shall work and be a part of this system even if this system is 911; (5) that an emergency medical systems communications program in a health dis trict, should be operated in as economical and efficient a manner as possible to serve the public welfare, and to achieve this goal should involve the designation of geo graphical territories to be serviced by participating ambulance providers, and should involve an economic and efficient procedure to distribute emergency calls among participating ambulance providers serving the same health district; (6) any first responder falls under the Department of Human Resource's rules and regulations governing ambulances and can only transport in life and death situations or by orders of a licensed physician or when a licensed ambulance cannot respond, (b) The General Assembly of Georgia therefore declares, that in the exercise of the sovereign powers of the State to safeguard and protect the public health and general well-being of its citizens that it is the public policy of the State of Georgia to encourage, foster, and promote emergency medical systems communications programs, and that such programs shall be accomplished in a manner that is coordinated, orderly, economi cal, and without unnecessary duplication of services and facilities." Section 2. Said Code Chapter is further amended by adding at the end of Code Section 88-3101, relating to definitions, the following: "(o) 'Emergency Medical Services System' means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions (occurring either as a result of the patient's condition or of natural disasters or similar situations) and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the sys tem. (p) 'Emergency Medical Systems Communications Program" (EMSC Program) means any program established pursuant to United States Public Law 93-154, entitled Emer gency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which (1) utilizes emergency medical telephonic screening, (2) utilizes a publicized emergency telephone number, and (3) has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system. (q) 'Ambulance Provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Divi sion of Physical Health of the State of Georgia Department of Human Resources. (r) 'Health Districts' means the geographical districts designated by the Department of Human Resources in accord with Section 88-215 of the Georgia Code. (s) 'Local Coordinating Entity' means the public or nonprofit private entity desig nated by the Board of Human Resources, or its designee, to administer and coordinate the EMSC Program in a health district established in accord with Section 88-215 of the Georgia Code. (t) 'First Responder' means any person or agency who provides on-site care until the arrival of a duly, licensed ambulance service." Section 3. Said Code Chapter is further amended by adding a new Code Section at the end thereof, to be designated Code Section 88-3116, to read as follows: "88-3116. Recommendations by Local Coordinating Entity and Appeal Process, (a) The Board of Human Resources shall have the authority on behalf of the State to desig nate and contract with a public or nonprofit local entity to coordinate and administer 1328 JOURNAL OF THE HOUSE, the EMSC Program for each health district designated by the Department of Human Resources. (b) The local coordinating entity thus designated shall be responsible for recom mending to the Board of Human Resources, or its designee, the manner in which the EMSC Program is to be conducted. (c) In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible. (d) Each, licensed ambulance provider in the health district shall have the oppor tunity to participate in the EMSC Program. (e) The local coordinating entity shall request from each licensed ambulance provider in its health district a written description of the territory in which it can respond to emergency calls, based upon the provider's average response time from its base location within such territory, and such written description shall be due within ten (10) days of the request by the local coordinating entity. (f) After receipt of the written descriptions of territory in which the ambulance providers propose to respond to emergency calls, the local coordinating entity within ten (10} days shall recommend in writing to the Board of Human Resources, or its designee, the territories within the health district to be serviced by the ambulance providers, and at this same time the local coordinating entity shall also recommend the method for dis tributing emergency calls among the providers, based primarily on the considerations of economy, efficiency and serving public welfare. (g) The recommendation of the local coordinating entity shall be forwarded immedi ately to the Board of Human Resources, or its designee, for approval or modification of the territorial zones and method of distributing calls among ambulance providers in the EMSC Program in the health district. (h) The Board of Human Resources, or its designee, is empowered to conduct a hear ing into the recommendations made by the local coordinating entity, and such hearing shall be conducted according to the procedures set forth in Section 88-304 of the Georgia Code, as amended. (i) The recommendations of the local coordinating entity shall not be modified unless the Board of Human Resources, or its designee, shall conduct a hearing and find that the determination of the District Health Director is not consistent with operating the EMSC Program in an efficient, economical manner, and for the public welfare. (j) The decision of the Board of Human Resources, or its designee, shall be rendered as soon as possible and shall be final and conclusive concerning the operation of the EMSC Program, and appeal from the Board's decision shall be pursuant to Section 83-305 of the Georgia Code. (k) The local coordinating entity shall begin administering the EMSC Program in accord with the decision by the Board of Human Resources, or its designee, immediately after the decision by the Board of Human Resources, or its designee, of the approval or rru-dif'ication of the recommendations made by the local coordinating entity, and the EMSC Program shall be operated in such manner pending the resolution of any appeals filed pursuant to Section 88-305 of the Georgia Code." Section 4 Said Code Chapter is further amended by adding a new Code Section at the end thereof, to be designated Code Section 88-3117, to read as follows: ''8cQ -,rn ! 7, Modifications of EMSC Program. The Board of Human Resources, or its designee. shall exercise continuing supervision over the operations of the EMSC Pro gram it; each health district, and shall make all necessary modifications in accord with the procedures set, forth in Section 88-3116 of this Act." Secticii 5, Validity of the Act. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adju dication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed FRIDAY, FEBRUARY 24, 1978 1829 the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Effective Date of the Act. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 104, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1598. By: Representative Ham of the 80th: A BILL to amend an Act authorizing and empowering county boards of education and certain independent and public school systems to condemn private property for public school purposes, approved February 16, 1956; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray. C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. N Carries, C. Carrell, B. Y Cason, G. N Castleberry, D. Chance. G. N Childers, E.M. Y Childs, P. N Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. N Deveaux, C. Y Dixon, H.D. Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. Housley, E. N Hudson, Ted Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. Jones, B. N Jones, Herb Y Kaley, M. Karrh, R. Kemp, R. N Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder,,!. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. N McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. Y Mullinax, E.G. Murrav, B. Y Nessmith, P.E, Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne.Jr. Steinberg, C. N Stone, R. N Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 79, nays 52. The Bill, having failed to receive the requisite constitutional majority, was lost. 1830 JOURNAL OF THE HOUSE, Representative Ham of the 80th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1598. The Speaker ruled that the proper time is the present. Representative Ham of the 80th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1598. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Baigeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. N Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. N Dean, D.C. Dent, R.A. N Deveaux, C. Y Dixon, H.D. Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. N Hudson, Ted Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Keyton, J.W. N Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. N Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. N McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. Y Mullinax, E.G. Murray, B. Nessmith, P.E. N Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. Y Ramsey, T. N Randall, W.C. N Reaves, H.L. Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. N Smith, V.B. N Smyre, C. Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. N Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. N Whitmire, D. Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 84, nays 53. The motion prevailed. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. FRIDAY, FEBRUARY 24, 1978 1831 AFTERNOON SESSION The Speaker Pro Tern called the House to order. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time: HB 1503. By: Representatives Whitmire, Jackson and Wood of the 9th: A BILL to amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 90, nays 0. The Chair voted "aye". On the passage of the Bill, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 791. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, so as to provide that fidel ity bonds procured by the Commissioner shall include statutory bonds of State officials; to provide that fidelity bonds procured by the Commissioner shall satisfy any statutory bonding requirement of State officers, officials or employ ees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1846. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act establishing a Department of Community Affairs and providing for its powers, duties and functions, so as to change certain provisions relative to the payment of the expenses of the members of the Board of Community Affairs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 104, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1532. By: Representative McDonald of the 12th: A BILL to amend Code Chapter 45-5, relating to hunting, so as to make it unlawful to have or maintain certain loaded firearms in an automobile or other motor vehicle; and for other pur poses. 1832 JOURNAL OF THE HOUSE, The following Committee amendment was read and adopted: Game, Fish and Recreation Committee moves to amend H. B. 1532 by deleting Section A in its entirety and renumbering Section (b) and all other sections accordingly. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 104, nays 6. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1917. By: Representatives Marcus of the 26th, and Horton of the 43rd: A BILL to amend Code Section 59-301, relating to the duties of grand juries, so as to include within their duties certain investigations; to provide for reports of such investigations; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Birdsong, K. N Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. N Burruss, A.L. N Burton, J. Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. N Childere, E.M. Childs, P. Y Clark, Betty Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. N Deveaui, C. N Diion, H.D. N Dover, Bill Y Edwards, W. N Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. N Greene, J. Greet, J.W. Y Ham, B. N Hamilton, G. Hanner, B. Harris, B.B.,Sr. Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. Jessup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. N Jones, Herb N Kaley, M. Karrh, R. Kemp, R. Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. N Logan, H. Long, W.K. N Looper, M. N Lord, J. N Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. N Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. Ramsey, T. N Randall, W.C. N Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. N Steinberg, C. N Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. Y Tuten, J. Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby N White, J. N Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 31, nays 109. The Bill, having failed to receive the requisite constituitonal majority, was lost. HB 1767. By: Representatives Elliott of the 49th, Johnston, Butler, and Tolbert of the 56th, and Burton of the 47th: A BILL to amend Code Section 113-1301, relating FRIDAY, FEBRUARY 24, 1978 1833 to county administrators, so as to provide for the appointment of assistant county administrators in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States decen nial census of 1970 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 111, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 723. By: Representative Elliott of the 49th: A BILL to amend an Act providing for the liability of corporate sureties for damages and attorney's fees arising out of bad faith refusal to remedy a default covered by, or otherwise commence per formance in accordance with the terms of a contract of suretyship; and for other purposes. T/ie report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1818. By: Representative McDonald of the 12th: A BILL to amend Code Title 68C, known as "The Motor Vehicle Safety Responsibility Act", so as to change the provisions relating to security; to provide for security through surety bonds and real property bonds; to provide requirements as to such additional types of security; to provide for cancellation of bonds; to provide for liens; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1764. By: Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd, Bray of the 70th, Hawkms of the 50th, and Kemp of the 139th: A BILL to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries in the event of vacan cies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of electors within a single county, by reason of i he death, disqualification or withdrawal of any candidate therefor, occurring after nomination; and for other purposes. The following amendment was read and adopted: Representatives Irvin of the 23rd, Home of the 104th and Wall of the 61st move to 3; ;ead HB 1764 by striking the words "federal, State or" on line 1, page 2. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 110, nays 0. 1834 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1780. By: Representative Bolster of the 30th: A BILL to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to pro hibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; and for other purposes. The following amendment was read and adopted: Representatives Swann of the 90th and Connell of the 87th move to amend HB 1780 by adding on line 24 the following: "The provisions of this section shall not apply to uniforms or vehicular colors and markings in use by Georgia private detective or private security agencies one year prior to the passage of this Act.". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 63, nays 31. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Beckham of the 89th stated that he wished to be recorded as voting "aye" on the passage of HB 1780, as amended. Representative Bolster of the 30th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1780, as amended. The Speaker ruled that the proper time is the present. Representative Bolster of the 30th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to HB 1780, as amended. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. N Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Harris, J.F. N Harrison, C. N Hatcher, C.F. Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy FRIDAY, FEBRUARY 24, 1978 1835 Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N MuUinax, E.G. Y Murray, B. Neasmith, P.E. Y Nichols, M. N Nil, K. Noble, Bill N Oldham, L, N Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 104, nays 24. The motion prevailed. HB 1435. By: Representative Robinson of the 58th: A BILL to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relating to membership; to provide for credit for service while on leave for pro fessional training; to provide for employee and employer contributions and the payment thereof; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provi sions relating to membership; to provide for credit for service while on leave for profes sional training; to provide for employee and employer contributions and the payment thereof; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking from subsection (3) of Section 3 of said Act the following: "Notwithstanding the foregoing, the board of trustees may continue the membership of a member while on leave of absence with stipend for further professional training when such leave is approved in writing by the Director of the State Department, and provided further that the member on leave for professional training shall when on a stipend contribute each month to the employees' retirement system the same basic per centage of his salary with the department as he contributed the last month prior to the effective date of leave, and he shall be considered as being in service while on such leave.", and inserting in lieu thereof the following: "Notwithstanding the foregoing, the board of trustees shall continue the membership of a member while such member is on a leave of absence for further professional train ing when such leave is approved in writing by the Commissioner of the State depart ment and such member receives a stipend which is regularly paid directly to such member or indirectly through an educational institution to such member from State or federal funds appropriated or otherwise made available for such purpose or from founda tion grants or from private enterprise funds, and provided further that the member on leave for professional training shall contribute each month to the Employees' Retirement System the same basic percentage of his salary with the department as he contributed 1836 JOURNAL OF THE HOUSE, the last month prior to the effective date of leave, and he shall be considered as being in service while on such leave; provided further that the State department shall pay the employer contributions which would otherwise be required on such salary during such period of leave unless such contributions are paid through the use of federal funds avail able for such purpose. Any other provisions of this Act to the contrary notwithstanding, any person who is a member of this retirement system on July 1, 1978, and who took a leave of absence for further professional training at any time between July 1, 1968, and July 1, 1978, which was approved in writing by the Commissioner or executive head of the State department by which such member was employed and who received a stipend while on such leave which was paid from federal funds to such member, either directly or indirectly through an educational institution, shall be entitled to receive credit for such service by paying an amount determined by the Board of Trustees to be necessary to fund one-half of the accrued liability created by the granting of credit for such service to any such member. Such amount shall be calculated on the basis of the compensation being received by such member at the time such member purchases the credit for such service. Such credit so purchased shall not be used to qualify a member for projection of service under the service or involuntary separation retirement benefits as provided in subsection (4) of Section 5 of this Act. The amount of such credit so pur chased shall be added to a member's service after such projection or other computations are made to determine a member's monthly retirement allowance.", so that when so amended subsection (3) of Section 3 shall read as follows: (3) The membership of any member shall terminate if he retires under this retire ment system, or withdraws his contributions, or if in a period of five consecutive years after becoming a member he renders less than one year of service. No benefit under the retirement system shall accrue to his account while he is not in service as an employee and no contribution shall be made to the system by the member, the State or other employer during any such time. Notwithstanding the foregoing, the board ef trustees tnc otatc Department, and provided rurtncr tnat tnc member on leave tor protcooionQl training shall when eft a atipcnd contribute each month to- the employees1 retirement oyatcm the same basic percentage ef- hi* salary with the department as- he contributed m service while en seh leave. Notwithstanding the foregoing, the board of trustees shall continue the membership of a member while such member is on a leave of absence for further professional training when such leave is approved m writing by the Commis sioner of the State department and such member receives a stipend which is regularly paid directly to such member or indirectly through an educational institution to such member from State or federal funds appropriated or otherwise made available for such purpose or from foundation grants or from private enterprise funds, and provided fur ther that the member on leave for professional training shall contribute each month to the Employees' Retirement System the same basic percentage of his salary with the_ department as he contributed the last month prior to the effective date of leave, and he shall be considered as being in service while on such leave; provided further that the State department shall pay the employer contributions which would otherwise be required on such salary during such period of leave unless such contributions are paid through the use of federal funds available for such purpose. Any other provisions of this Act to the contrary notwithstanding, any person who is a member of this retirement sys^ tern on July 1^ 1978, and who took a leave of absence for further professional training at any time between July 1^, 1968, and July 1^ 1978, which was approved in writing by the Commissioner or executive head of the State department by which such member was employed and who received a stipend while on such leave which was paid from federal funds to such member, either directly or indirectly through an educational institution, shall be entitled to receive credit for such service by paying an amount determined by the Board of Trustees to be necessary to fund one-half of the accrued liability created by^ the granting of credit for such service to any such member. Such amount shall be calculated on the basis of the compensation being received by such member at the time FRIDAY, FEBRUARY 24, 1978 1837 such member purchases the credit for such service. Such credit so purchased shall not be used to qualify a member for projection of service under the service or involuntary separation retirement benefits as provided in subsection (4) of Section 5 of this Act. The amount of such credit so purchased shall be added to a member's service after such pro jection or other computations are made to determine a member's monthly retirement allowance." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. Y Argo, B. N Auten, D. Ealkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Y Carlisle, J. N Carries, C. Carrell. B. N Cason, G. Cagtleberry, D. Y Chance, G. N Childera, E.M. Childs, P. Y Clark. Betty Y Clsrk, L. Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. N Crosby, T. Y Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, E.A. Y Deveaux, C. N Dixon, H.D. Dover, Bill Y Edwards, W. Elliott, E.H. N Evans, W.D. Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. Gignilliat, A. Y Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Y Hamilton, G. Manner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. N Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. Y Housley, E. N Hudson, Ted Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. N Jones, Herb Kaley, M. N Karrh, R. N Kemp, R. Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Rov N Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Logan, H. Long, W.K. Y Looper, M. N Lord, J. N Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D,R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. Mostiler, J.L. N Mullmai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. N Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, E.G. N Phillips, L.L. Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. N Rakton, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. N Rowland, J.R. Rush, Dewey Y Russell, J. N Savage, J. Y Scott. A. Scott, D. N Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. N Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom N Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. N Waddle, T.W. Walker, L. N Wall. V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 53, nays 72. The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost. HB 1849. By: Representative Jones of the 78th: A BILL to amend Code Section 92-2902, relating to annual fees for operating motor vehicles, so as to specify the fee for certain buses operated exclusively for youth organizations chartered by the United States Congress; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 5. 1838 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 1491. By: Representatives Tucker of the 73rd, Ross of the 76th, Evans of the 84th, Wood of the 72nd, Burton of the 47th, Jones of the 78th, Bargeron of the 83rd, Cox of the 141st, and others: A BILL to create the State Retirement System Overview Committee; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 4. The Bill, having received the requisite constitutional majority, was passed. HB 1811. By: Representatives Wood, Whitmire, and Jackson of the 9th: A BILL to amend Code Title 69, relating to municipal corporations, so as to provide for the crea tion of Resource Recovery Development Authorities in certain counties and municipalities; to provide a short title ("Resource Recovery Development Authorities Law"); and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 2. The Bill, having received the requisite constitutional majority, was passed. HB 1580. By: Representative McCollum of the 134th: A BILL to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to regulate pre mium payments on policies of motor vehicle liability insurance; to change the provisions relating to proof of insurance; and for other purposes. The following Committee substitute was read: A BILL To amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 516), and by an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), so as to change the provisions relating to proof of insurance; to provide for local law enforcement agencies to secure licenses and tags for the Department of Public Safety; to provide for the suspension of operators' licenses and motor vehicle license tags under certain circumstances; to provide additional requirements relative to proof of insurance; to provide for certificates of insurance; to provide for certificates of insurance to be attached to motor vehicles covered by policies of motor vehicle liability insurance; to provide for procedures relative to the issuance of such certificates; to provide for additional certificates, replacement certificates and the return of certificates; to make it unlawful for a person to make, issue or knowingly use any imitation or counterfeit of a certificate; to make it unlawful for a person to knowingly issue a certificate of insurance for a motor vehicle which does not have minimum insurance coverage; to make it unlawful to operate motor vehicles without certificates of insurance; to provide for courts to notify the Department of Public Safety of certain convictions; to define certain terms; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Motor Vehicle Accident Reparations Act", approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, particularly by an Act FRIDAY, FEBRUARY 24, 1978 1839 approved April 17, 1975 (Ga. Laws 1975, p. 516), and by an Act approved March 24, 1976 (Ga. Laws 1976, p. 642), is hereby amended by striking in their entirety subsections (b) and (c) of Section 12 and inserting in lieu thereof two new subsections (b) and (c) to read as follows: "(b) In cases in which the minimum insurance required by this Act is cancelled by the insurer, upon receipt of notification of such cancellation the Department of Public Safety shall send a form to the owner of such motor vehicle that the Department has been informed of the fact of such cancellation. Upon receipt of such form from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, indicating the insurance company with which any coverage has been obtained and the policy number or binder number. Such information shall be furnished to the Depart ment of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department of Public Safety. If such information is not received by the Department of Public Safety within the specified time period or if no minimum insur ance coverage has been obtained, the Department shall notify the owner of the motor vehicle to forward the motor vehicle operator's license of the owner, the motor vehicle license tag and the certificate of insurance issued to such motor vehicle to the Depart ment of Public Safety. If such motor vehicle operator's license or motor vehicle license tag or certificate of insurance is not received by the Department of Public Safety within 10 days following such notice, the Commissioner of Public Safety shall forthwith direct the local law enforcement agency to secure possession of such license or tag or certificate of insurance and return the same to the Commissioner. For purposes of this subsection, the term 'local law enforcement agency' shall mean the law enforcement agency which has jurisdiction over traffic offenses in the area of the county wherein the owner of the motor vehicle resides or maintains his place of business. In compelling the surrender of such operator's license, motor vehicle license tags and certificates of insurance to the Commissioner of Public Safety, the same practices and procedures governing the surren der of motor vehicle operators' licenses under the provisions of an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as the same may now or hereafter be amended, shall be followed as closely as practicable. Upon satisfactory proof of compliance with the provi sions of this Act, the Commissioner shall return any operator's license and motor vehicle license tag surrendered or seized under the provisions of this Section to the owner of such motor vehicle; provided, however, that in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and thereafter until the owner submits proof of compliance with the provisions of this Act and the payment of a $25.00 restoration fee to the Department. (c) Similarly, in cases in which a person is convicted of knowingly operating, or knowingly authorizing another to operate, a motor vehicle without effective insurance thereon, or without an approved plan of self-insurance, or is convicted of operating a motor vehicle without a valid certificate of insurance displayed on such vehicle, as required by the Georgia Motor Vehicle Accident Reparations Act, upon receipt of noti fication of such conviction, the Department of Public Safety shall send a form to such person that the Department has been informed of the fact of such conviction. Upon receipt of such form of the Department of Public Safety, it shall be the duty of the person convicted, on such forms provided by the Department of Public Safety, to notify the Department as to whether he has obtained the minimum insurance coverage required by this Act, if he is the owner of the vehicle involved, indicating the insurance company with which any coverage has been obtained and the policy number or binder number. Such information shall be furnished to the Department of Public Safety within 15 days of the date on which such notification was mailed by the Department. Such forms shall contain such additional information as may be required by the Department 1840 JOURNAL OF THE HOUSE, of Public Safety, including the identity and address of the owner if not the person con victed. In case the person convicted is not the owner, the Department shall send a simi lar notice and request for proof of coverage to the owner. In either case, if such information is not received by the Department of Public Safety within the specified time period, or, in the case of the owner, if no minimum insurance coverage has been obtained, the Department shall notify the owner or person, as described above, to for ward his motor vehicle operator's license and, if he is the owner of the motor vehicle, the license tag for each vehicle involved to the Department of Public Safety. If such motor vehicle operator's license and motor vehicle license tags are not received by the Department of Public Safety within 10 days following such notice, the Commissioner of Public Safety shall forthwith direct the local law enforcement agency to secure posses sion of such license or tags and return the same to the Commissioner. For purposes of this subsection, the term 'local law enforcement agency' shall mean the law enforcement agency which has jurisdiction over traffic offenses in the area of the county wherein the owner of the motor vehicle resides or maintains his place of business. In compelling the surrender of such operator's license and motor vehicle license tags to the Commissioner of Public Safety, the same practices and procedures governing the surrender of motor vehicle operators' licenses under the provisions of an Act providing for the giving of security by owners and operators of motor vehicles, approved February 21, 1951 (Ga. Laws 1951, p. 565), as the same may now or hereafter be amended, shall be followed as closely as practicable. Upon satisfactory proof of compliance with the provisions of this Act, the Commissioner shall return any operator's license and motor vehicle license tags surrendered or seized under the provisions of this Section to the owner of such motor vehicle; provided, however, that in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subse quent time during any two-year period, the Department shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days, and there after until the owner submits proof of compliance with the provisions of this Act and the payment of a $25.00 restoration fee to the Department." Section 2. Said Act is further amended by adding between Section 12 and Section 13 a new Section 12A to read as follows: "Section 12A. Certificates of insurance, (a) With policies effective January 1, 1979, arid thereafter, the insurer shall be required to issue to the insured named in the policy a certificate of insurance which the insured shall be required to attach to the motor vehicle covered by the policy. The certificate of insurance shall be attached to the wind shield of the motor vehicle immediately adjacent to the motor vehicle inspection sticker. The certificate shall clearly show the month of expiration of the policy of the insured. A certificate expiring on the first day of the month shall show expiration as the previous month. (b) (1) The insurer shall make the certificates of insurance available to the insured for as long as the policy is in effect and in such a manner that the insured shall have a valid certificate to attach to his motor vehicle. (2) The insurer shall issue additional or replacement certificates when another motor vehicle is insured or a windshield is replaced. (3) No motor vehicle shall be sold, title transferred, assigned, or purchased until the seller or purchaser has removed the certificate of insurance and destroyed said certificate of insurance. (4) The insurer shall not issue a certificate of insurance in any case where the policy is no longer valid. (c) The Department of Public Safety shall prescribe colors of certificates of insur ance. The certificates of insurance shall be color coded with a different and contrasting color each year. The year, make, and identification number of the automobile, the name of the insurer, name and telephone number of the insurance agency writing the policy, policy number, and expiration date of the policy shall be clearly shown on the back of each certificate issued. (d* The Department of Public Safety shall issue certificates of insurance to selfinsurers, as defined in this Act. FRIDAY, FEBRUARY 24, 1978 1841 (e) (1) No person shall make, issue or knowingly use any imitation or counterfeit of a certificate of insurance. Any person violating the provisions of this subparagraph shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (2) No person shall knowingly issue a certificate of insurance for a motor vehicle which does not have the minimum insurance coverage provided by this Act. Any person violating the provisions of this subparagraph shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (3) It shall be unlawful for the owner or operator of a motor vehicle required to be registered in this State to drive or operate such vehicle on any highway unless a valid certificate of insurance is displayed on such vehicle. Any person violating the provisions of this subparagraph shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the amount of not less than $35.00 and not more than $300.00. Every sheriff, municipal law enforcement agency, county law enforcement agency and State law enforcement agency charged with the duty of enforcing traffic laws in this State is hereby authorized and directed to enforce the provisions of this subsection. (4) Every court having jurisdiction over offenses covered in this Section shall, within 10 days after the conviction of any person in said court for a violation of this Section, notify the Department of Public Safety of such conviction. For the purposes of this subparagraph, the term 'conviction' shall mean a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty or a finding of guilt, regardless of whether the sentence is suspended, pro bated or rebated." Section 3. Nothing contained in this Act shall waive the responsibility and obligation of the Department of Public Safety to enforce the law within the jurisdiction of local law enforcement. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative McCollum of the 134th moves to amend the Committee substitute to HB 1580: On page 7, line 2 amend by striking "Department of Public Safety" add "Insurance Department"; On line 4 after the word "be" add "numbered and"; On line 5 after the word "color" strike "Each year" and add "for each quarter of the year"; On page 8, line 24 add new Section 4 to read: "Effective date, 1 January 1979." Renumber Section 5. The following amendment was read: Representatives Hill of the 127th, Scott of the 123rd, White of the 132nd, and others move to amend the Committee substitute to HB 1580 by adding that: "Notwithstanding any provision herein to the contrary the 'Georgia Motor Vehicle Accident Reparations Act is repealed in its entirety on July 5, 1981'." On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: 1842 JOURNAL OF THE HOUSE, N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. N Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carries, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. N Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. N Banner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb N Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Linder, J. N Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Nessmith, P.E. N Nichols, M. N Nil, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. N Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. N Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. On the adoption of the amendment, the ayes were 73, nays 78. The amendment was lost. Y Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazey, M. Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker Representative Scott of the 123rd moved that the House reconsider its action in fail ing to adopt the Hill et al amendment. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andersen, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. N Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. N Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. Y Jones, B. N Jones, Herb N Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, WJ.(Bill) Y Lenderman, M. Linder, J, Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Nessmith, P.E. N Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. FRIDAY, FEBRUARY 24, 1978 1843 Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. On the motion, the ayes were 90, nays 63. The motion prevailed. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. Y Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the re-adoption of the Hill et al amendment, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefleld, J. N Birdsong, K. Y Bishop, S. N Bolster, P. N Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carries, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. N Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. N Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb N Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Nessmith, P.E. N Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. N Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the re-adoption of the Hill et al amendment, the ayes were 91, nays 65. The Hill et al amendment was adopted. f The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. N Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. 1844 Y Canty, H. N Carlisle, J. Y Cornea, C. Csrreli, Fs. N Cason, G. N Castleberry. D. Y Chance, G. Y Chiidere, E.M. N Childs. P. Y Clark. Betty N Clark, L. N Clifton, A.D. Y Coleman, T. N Coffins, M. Y Coiwell, C.H. N Connell, J. Y Cooper, B. N Cox, W.E. Y Cn;sby. T. N Cu'pcpper, B. 1[ Daniel, G. Daugherfy, J.C. Y Davis, B. Desn, D.C. Y Dent, R.A. Y Deveaui, C. N Dison, H.D. Y Dover, Bill Y Edwards, W. Y Eiliolt. E.H. V Evans, W.D. Y Ftl-.on, D. JOURNAL OF THE HOUSE, Y Foster, P.W. Y Foster, R.L, N Galer, M. Y Gammase, L. GigpiUiat. A. Y Glantan, Tom Glover, M. Y Greens, -J. N Creer, J.W. Y '-'am, B. Hamilton, G. N Hamier, B. Karris. H.3.,3r. N Herns, ,j.F V Hi:"ison, C. V Hatcher. C.F. V Hawkms, J. Y Hays, F.,Jr. Y Hi';, K.L. Y Holmes, Boh N Home. F. Y HorU,n, C.T. Y Houslfcv, it Y iliidson, 'uu :-; I'tchkisG;!, R.^. V Irvi;T, J. N irviii, H. Y Isasson, J. N Jackson, J.O Y Jssau,.}, Een Y Jciirwon, C. ;; .srhiiaon, P. N .Johnson, W.Rud. N Johnston. J. Y Jones, B. N Jones, Herb N Kalev, M. Y Karrh, R. Y Kerap, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J. (Bill) Y l.enderman M. L,;;cas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.H. Y McColium, H. N McDonald, L. y McKinney, J.E. N Milford, B. Y Money. J. V Mostiler, J.I,. N Muiiinax, K.G. Y ;vfun'ey, B. Nessmith, P.E. M Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L, Y Owens, R.D. Y Parhara, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Hiewicz, G. N PinksVon, F.C. Rainey, H. N Ralston, E. N Rarasey, T. Y Randall, W.C. NN' Reaves, H.L. Richardson, E. N Ilobinsori, C. Y Ros. Ben B. Y Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. >j Sizemore. E. \ Siiith, V^B. Sc.yre, C. Snow, Wayne.Jr. N Steinherg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazev, M. N Waddle, T.W. N Walker, L. N Wall, V. Y Ware, J.C. V ''Vatkins, L. N Watson, R.R.Jr. \Vheeier Bobby Y White, J. N Whitmire, D. Y VViUiama. H.L. N Williams, R. N Wiiliainson, G. N Wilson, J.M. N Wood. J. K Wood, J.T. .VSr. Speaker The Bill, by substitute, as amended, having failed to rec-rive the requisite constitu tional majority, was lost. HB 1817. By: Representatives Canty of the 38th, Giover of the 32nd, Randall of the 101st, and Luciis of the 102nd: A BILL to amend an Act to establish a State Board for the Certification of Librarians so as to change the provisions regarding apuointment of members of the board; and for other purposes. The following Committee substitute was read and adopted: To amend an Act to establish a State Board for the Certification of Librarians, approved March 31, 19: ! 7 (Ga. Laws 1937, p. 245;, so as to change the composition of the board; to chnrwe the manner of board member appointment; to provide an effective date; to reDtnl conflicting laws; and for other purposes, BE ;T RNACTiiD BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to establish a Slate Board for the Certification of Librarians, approved March 31, 19:"!? (Ga. Laws 1937, p. 245), is hereby amended by striKing from Section 1 thereof, wherever ii. appears, the following: "from a list of seven r,er;ions nominated by the Executive Board of the Georgia Library Association", and by striking therefrom the following: "Executive Secretary of the Georgia Library Commission", and inserting in lieu thereof the following: "Director of Fubiic Library Services of the State Department of Education", FRIDAY, FEBRUARY 24, 1978 1845 and by striking therefrom the following: "Executive Secretary of the Library Commission", and inserting in lieu thereof the following: "Director of Public Library Services of the State Department of Education", so that when so amended, Section 1 shall read as follows: "Section 1. That a State Board for the Certification of Librarians is hereby created to consist of five persons, four of whom shall be appointed by the Governor from a Mat Director of Public Library Services of the State Department of Education who shall serve as an ex officio member of said board. The terms of all members first appointed under this Act shall begin on the 1st day of July, 1937, but the terms of the members appointed by the Governor shall expire as follows: December 31, 1937, December 31, 1938, December 31, 1939, and December 31, 1940. The respective terms of the appointed members shall be determined by lot. Upon the expiration of the terms of members first appointed, their successors shall be appointed by the Governor from a list ef seven per sons nominated by the Executive Board ef- the Georgia Library Association for a term of five years. The term of the Executive Secretary ef the Library Commission Director of Public Library Services of the State Department of Education shall be coextensive with the term of office in this position. Members of the board shall receive no compen sation for their services, except actual and necessary traveling expenses incurred in attending meetings." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adcms, G. Y Adams, Marvin Y Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T, Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W, Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y HarrUon, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Steinberj^, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. 1846 JOURNAL OF THE HOUSE, Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilstm, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 127, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following report of the Committee on Rules was read and adopted: HOUSE RULES SUPPLEMENTAL CALENDAR FRIDAY, FEBRUARY 24, 1978 Mr. Speaker: Your Committee on Rules met and fixed this Supplemental Calendar for today's busi ness, Friday, February 24, 1978 and submits the following: HB 1598 HB 1638 HB 1780 HB 1858 Boards of Education, Condemn Property for School Purposes Records, Local Government Establish Records Private Detective & Security Agencies: Vehicles & Uniforms Motor Vehicles: Define the Term "Moped" HR 30-129 Intangible Property Tax: Minimum Amt. Liability HR 660-1850 Supreme Court: Render Opinion When Required The Speaker shall have the right to call the above Bills and Resolution in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 1598. By: Representative Ham of the 80th: A BILL to amend an Act authorizing and empowering county boards of education and certain independent and public school systems to condemn private property for public school purposes, approved February 16, 1956; and for other purposes. The following amendment was read and adopted: Representative Ham of the 80th moves to amend HB 1598 by adding a new section to be titled Section IB to read as follows: "Section IB. Section 1A shall not apply in any county having over 85,000 population according to the 1970 United States Decennial Census or any future census.". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. FRIDAY, FEBRUARY 24, 1978 1847 Y Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell B. Y Cason, G. Y Castlebezry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. N Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. N Housley, E. Y Hudson, Ted Hutchinson, R.S. Irvin, J. Y Irvin, R. N Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Keyton, J.W. N Kilgore, T.M. Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. N Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 120, nays 12. The Bill, having received the requisite constitutional majority, was passed, as amended. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time: HB 1638. By: Representatives Snow of the 1st, Walker of the 115th, Butler of the 56th, Hatcher of the 131st, Carnes of the 43rd, Karrh of the 106th, and Taggart of the 125th: A BILL to amend an Act known as the "Georgia Records Act" so as to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules; and for other purposes. The following Committee amendment was read and withdrawn: House Judiciary Committee amends H. B. 1638 as follows: On page 1, lines 8, 18, and 27 by deleting the word "courts" and on page 3 and 4, by deleting all of subsection (b) The following substitute, offered by Representative Snow of the 1st, was read and adopted: A BILL To amend an Act known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, so as to provide for definitions; to provide a means for local governments to establish records, management programs and retention schedules; to 1848 JOURNAL OF THE HOUSE, provide a means for courts to establish retention schedules; to grant to the State Records Committee the authority to receive and approve retention schedules submitted by local governments and courts; to clarify the duties of State agencies in writing retention sched ules; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, is hereby amended by striking Section 3, which reads as follows: "Section 3. There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authorita tive, directive and have the force and effect of law. A retention schedule may be deter mined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section." and inserting in lieu thereof the following: "Section 3. (a) There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads, school boards, county governments and municipal governments through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section. (b) The Supreme Court may, by rule of the court, provide for retention schedules for court records." Section 2. Said Act is further amended by striking from the first sentence of subsec tion (e) of Section 5 of said Act the following: "disposition standard", and inserting in lieu thereof the following: "retention schedule", and by striking from said sentence the following: "standards", and inserting in lieu thereof the following: "schedules", so that when so amended subsection (e) of Section 5 shall read as follows: "(e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommended disposition standard retention schedule for each record series in its custody, except that standards schedules for common-type files may be established by the Department. No records will be scheduled for permanent retention in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of required functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation." FRIDAY, FEBRUARY 24, 1978 1849 Section 3. Said Act is further amended by striking Section 11, which reads as fol lows: "Section 11. Local governments are hereby authorized by appropriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regulations.as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act.", and inserting in lieu thereof the following: "Section 11. (a) County and municipal governments and school boards may: (1) adopt and utilize State rules and regulations as a basis for establishing a records management program; or (2) submit to the State Records Committee proposed retention schedules for their approval. Once approved these schedules have the same force and effect as if they were approved for an agency of State government." Section 4. Such Act is further amended by adding a new paragraph to Section 2 to read: "(j) 'Court Record' means all documents, papers, letters, maps, books (except books formally organized in libraries), microfilm, magnetic tape, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in the necessary performance of any judicial function created or received by an official of the Supreme Court, Court of Appeals, and any Superior, State, Juvenile, Probate, County or Justice of the Peace Court, and includes records of the offices of the judge, clerk, prosecuting attorney, public defender, court reporter, or any employee of the court." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruas, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L, Y Owens, R.D. Parham, B.E. Patten. G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. 1850 JOURNAL OF THE HOUSE, Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 122, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 1780. By: Representative Bolster of the 30th: A BILL to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to pro hibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; and for other purposes. The following amendment was again read and adopted: Representatives Swann of the 90th and Connell of the 87th move to amend HB 1780 by adding on line 24 the following: "The provisions of this section shall not apply to uniforms or vehicular colors and markings in use by Georgia private detective or private security agencies one year prior to the passage of this Act.". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. N Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveam, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Nessmith, P.E. Y Nichols, M. Y Nii, K. Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. FRIDAY, FEBRUARY 24, 1978 1851 Peters, E.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 123, nays 9. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Truluck of the 86th stated that he had been called from the floor of the House when the roll was called on HB 1780, as amended, but had he been present would have voted "aye" thereon. Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolutions of the House were taken up for consideration and read the third time: HB 1858. By: Representative Coleman of the 118th: A BILL to amend Code Title 68, relating to motor vehicles, so as to define the term "moped"; to exempt mopeds from the provisions relating to registration and licensure of motor vehicles; to amend Code Title 68A, known as "The Uniform Rules of the Road" so as to change the definition of certain terms; and for other purposes. The following amendments were read and adopted: Representative Coleman of the 118th moves to amend House Bill 1858 by adding the following subsection following subsection (d) on page 4 line 28: "(e) The Commissioner of the Department of Transportation or Local Governing Authorities having jurisdiction over public roads and highways may prohibit the oper ation of mopeds on public roads and highways within their jurisdiction if it is deter mined that said operation endangers the safety of the traveling public." Representative Jessup of the 117th moves to amend H. B. 1858 as follows: By adding in the title on line 4 of page 1, immediately preceding the words "to amend", the following: "to exempt mopeds from the provisions relating to registration and license of makers and dealers;". By adding between Section 2 and Section 3, between lines 13 and 14 on page 2, a new Section to read as follows: "Section 2A. Code Title 68 is further amended by adding at the end of Code Section 68-213, relating to registration and license of makers and dealers, a new sentence to read as follows: 'Provided, however, that the provisions of this Section shall not apply in any man ner to mopeds as such term is defined in Code Section 68-101, as now or hereafter amended.'" 1852 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Nessmith, P.E. Y Nichols, M. Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 30-129. By: Representatives Walker of the 115th, Waddle of the 113th, Watson of the 114th, Johnson of the 74th, Culpepper of the 98th and Tuten of the 153rd: A RESOLUTION Proposing an amendment to the Constitution so as to provide that any taxpayer who is required to return intangible property annually to the State Revenue Commissioner for taxation and whose total intangible tax liability does not exceed five dollars ($5.00) shall be exempt from the payment of intangible property tax liability resulting therefrom; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following: "Any taxpayer whose total intangible tax liability on intangible property required to be returned to the State Revenue Commissioner annually does not exceed five dollars ($5.00) shall be exempt from such taxation." FRIDAY, FEBRUARY 24, 1978 1853 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide that any taxpayer who is required to return intangible property to the State Revenue Commissioner annually and whose total intangible tax liability does not exceed five dollars ($5.00) shall be exempt from the payment of intan gible property taxation?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, certain intangible per sonal property under certain circumstances; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding immediately preceding the last paragraph thereof the following: "Subject to the conditions and limitations provided by law, a taxpayer may be exempted from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to exempt from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. 1854 JOURNAL OF THE HOUSE, On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carries, C. CarreU, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark,L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 139, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HR 660-1850. By: Representatives Lambert of the 112th, Carlisle of the 71st and Murphy of the 18th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Supreme Court shall render its opinion upon important questions of law when required by the Governor or the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section II, Paragraph IV of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: "The Supreme Court shall render its opinion upon important questions of law when required by the Governor or the General Assembly. Such opinions shall be published as are the other decisions of the court." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: FRIDAY, FEBRUARY 24, 1978 1855 YES ( ) NO Shall the Constitution be amended so as to provide that the Supreme Court shall render its opinion upon important questions of law when required by the Governor or the General Assembly?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following amendment was read and adopted: Representatives Karrh of the 106th, Irvin of the 23rd, and Carnes of the 43rd move to amend HR 660-1850 by adding on line 12 and on line 24 after the word "law" the following: "pertaining to the operation of state government". The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 136, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, adopted, as amended. The following Resolutions of the House were read and adopted: 1856 JOURNAL OF THE HOUSE, HR 781. By: Representatives Birdsong of the 103rd, Home of the 104th, Pinkston of the 100th, Davis of the 99th and others: A RESOLUTION commending the Jeffersonville Woman's Club; and for other purposes. HR 782. By: Representatives Beck of the 148th, Patten of the 149th and Reaves of the 147th: A RESOLUTION expressing appreciation to Mr. John Henry McRae; and for other purposes. HR 783. By: Representatives Colwell of the 4th, Looper, Anderson and Harris of the 8th: A RESOLUTION commending Mr. and Mrs. Henry Johnson and Mr. Bruce Roper; and for other purposes. HR 784. By: Representatives Watkins of the 34th, Deveaux of the 28th, Daugherty of the 33rd and Scott of the 37th: A RESOLUTION commending Radio Station WAOK; and for other purposes. HR 785. By: Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th, Gignilliat of the 122nd and others: A RESOLUTION commending the cadets of Benedictine Military School; and for other purposes. HR 786. By: Representatives Hill of the 127th, Scott of the 123rd, Jones of the 126th, Triplet! of the 128th and others: A RESOLUTION expressing regret at the passing of Mr. Sidney A. Jones; and for other purposes. HR 787. By: Representatives Birdsong of the 103rd, Randall of the 101st, Lucas of the 102nd, Home of the 104th and others: A RESOLUTION commending Miss Mary Hart Whitehurst; and for other purposes. HR 788. By: Representatives Childs of the 51st, Steinberg of the 46th, Richardson of the 52nd, Galer of the 97th, Watkins of the 34th and others: A RESOLUTION commending Mrs. Mary Helen Goodloe; and for other purposes. HR 789. By: Representatives Mann, Milford and Clark of the 13th: A RESOLUTION com mending Mr. George Bailey; and for other purposes. HR 790. By: Representative Edwards of the 110th: A RESOLUTION commending Billy Carter; and for other purposes. HR 791. By: Representatives Culpepper of the 98th, Williams of the 6th, Ralston of the 7th, Foster of the 6th and others: A RESOLUTION commending Miss Wendy Walker and Mr. Larry Walker, Jr.; and for other purposes. HR 792. By: Representatives Daniel of the 88th, Dent of the 85th, Connell of the 87th, Beckham of the 89th and others: A RESOLUTION urging the creation of, and appointment to, the position of Richmond County Administrator; and for other purposes. HR 793. By: Representatives Johnson and Glanton of the 66th: A RESOLUTION creating the Sand Hill Study Committee; and for other purposes. HR 794. By: Representatives Ham of the 80th, Benefield and Lee of the 72nd, Knight of the 67th, Tucker of the 73rd and others: A RESOLUTION commending Honor able John James Flynt; and for other purposes. FRIDAY, FEBRUARY 24, 1978 1857 The following Resolution of the House was read and referred to the Committee on Judiciary: HR 795. By: Representatives Galer of the 97th, Walker of the 115th and Snow of the 1st: A RESOLUTION directing the House Judiciary Committee to make a study of the State's guardianship laws; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 368.By: Senators Holloway of the 12th, Eldridge of the 7th and Riley of the 1st: A RESOLUTION relative to adjournment (March 3, 1978 until March 6, 1978); and for other purposes. The following Resolution of the Senate was read and adopted: SR 368. By: Senators Holloway of the 12th, Eldridge of the 7th and Riley of the 1st: A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 4:00 o'clock p.m., March 3, 1978, and reconvene at 10:00 o'clock a.m., March 6, 1978. During this day's proceedings the Speaker and Speaker Pro Tern alternated as presid ing officer, which would have precluded Representative Connell from voting while he was in the Chair. Representative Vaughn of the 57th moved that the House do now adjourn until 10:00 o'clock, Monday morning, February 27, 1978, and the motion prevailed. The Speaker announced the House adjourned until Monday morning, February 27, 1978. 1858 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, February 27, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Adams, G. Adams, Marvin Anderson, W. Argo, B. Auten, D. Balkcom, R. Bargeron, E. Battle, Joe Baugh, W.E. Beck, J.M. Beckham, B. Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Burruss, A.L. Burton, J. Butler, D. Canty, H. Carries, C. Cason, G. Castleberry, D. Chance, G. Childere, E.M. Childs, P. Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Connell, J. Cooper, B. Coi, W.E. Crosby, T. Culpepper, B. Daniel, G. Davis, B. Dent, R.A. Deveaux, C. Dover, Bill BUiott, E.H. Evans, W.D. Felton, D. Foster, P.W. Foster, R.L. Galer, M. Gammage, L. Gignilliat, A. Greene, J. Ham, B. Banner, B. Harris, B.B.,Sr. Harrison, C. Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Home, F. Housley, E. Hudson, Ted Irvin, J. Irvin, R. Isakson, J. Jackson, J.D. Jessup, Ben Johnson, P. Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Kaley, M. Keyton, J.W. Kilgore, T.M. Lane, Dick Lane, W.J. Lee, W.J.(Bill) Linder, J. Logan, H. Long, W.K. Looper, M. Lord, J. Mann, C.C. Matthews, D.R. McCollum, H. McDonald, L. McKinney, J.E. Milford, B. Money, J. Mostiler, J.L. Mullinax, E.G. Nessmith, P.E. Nichols, M. Nix, K. Noble, Bill Oldham, L. Owens, R.D. Parham, B.E. Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. Pilewicz, G. Rainey, H. Ralston, E. Ramsey, T. Reaves, H.L. Richardson, E. Robinson, C. Ross, Ben B. Rowland, J.R. Rush, Dewey Russell, J. Scott, A. Sizemore, E. Smith, V.B. Smyre, C. Snow, Wayne,Jr. Steinberg, C. Stone, R. Swann, D. Taggart, T. Tolbert, T. Townsend, K.V. Triplett, Tom Truluck, R. Tucker, R.M. Tuten, J. Vaughn, C.R. Veazey, M. Waddle, T.W. Wall, V. Ware, J.C. Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Whitmire, D. Williams, R. Williamson, G. Wilson, J.M. Wood, J. Wood, J.T. Mr. Speaker Prayer was offered by the Reverend C. Wray Ivey, Pastor, First Baptist Church, Swainsboro, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. MONDAY, FEBRUARY 27, 1978 1859 By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 2024. By: Representatives Linder of the 44th, Tolbert of the 56th, Burton of the 47th, Hawkins of the 50th, Williamson of the 45th, Lenderman of the 53rd, Robinson of the 58th, and others: A BILL to provide for the compensation of certain County officers and officials of DeKalb County; to provide definitions; to limit the county supplement to the State salary of the District Attorney of DeKalb County; to prohibit the Solicitor of the State Court of DeKalb County from engaging in the private practice of law; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2025. By: Representative Ross of the 76th: A BILL to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary so as to change the provisions relative to the compensation of the deputy clerk; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2026. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and cre ating the office of Tax Commissioner of Warren County so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2027. By: Representative Ross of the 76th: A BILL to repeal an Act authorizing the governing authority of Warren County to employ a full-time county policeman; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2028. By: Representative Ross of the 76th: A BILL to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2029. By: Representative Ross of the 76th: A BILL to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County so as to change the compensation of the chairman and members of the board of commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2030. By: Representative Ross of the 76th: A BILL to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for the judge of the probate court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2031. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Judge of the Probate Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the 1860 JOURNAL OF THE HOUSE, county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2032. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2033. By: Representative Ross of the 76th: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2034. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2035. By: Representative Ross of the 76th: A BILL to amend an Act providing com pensation for the Treasurer of Lincoln County so as to change the compensa tion of said treasurer; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2040. By: Representative Murphy of the 18th: A BILL to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the com pensation of the Treasurer of Haralson County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2045. By: Representative Childers of the 15th: A BILL to repeal all laws of the State relating to the levy and collection of intangible property taxes; to repeal an Act relating to classification of intangible personal property for taxation and the levy of taxes on such property; and for other purposes. Referred to the Committee on Ways & Means. HB 2046. By: Representative Cooper of the 19th: A BILL to amend an Act entitled "An Act to provide an alternate method of annexing territory to the municipalities of this State by action of the governing body upon written request of 100% of the property owners in the affected area" so that such alternate method shall be available to all municipalities of the state; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 2047. By: Representative Ware of the 68th: A BILL to amend Chapters 56-9 and 56-25 of the Code of Georgia, relating to the standard valuation and nonforfeiture MONDAY, FEBRUARY 27, 1978 1861 laws, life insurance (the "Georgia Insurance Code"), so as to increase the inter est rate for computing the minimum reserves for life insurance and annuity contracts; and for other purposes. Referred to the Committee on Insurance. HR 796-2047. By: Representative Colwell of the 4th: A RESOLUTION authorizing the conveyance of certain State-owned real property located within White County to the City of Helen; and for other purposes. Referred to the Committee on State Institutions & Property. HB 2048. By: Representative Culpepper of the 98th: A BILL to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provi sions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2049. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2050. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compensation of the deputy clerk; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. HB 2051. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a refer endum; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2052. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2053. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2054. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and 1862 JOURNAL OF THE HOUSE, Councilman and certain other offices of said City created by Legislative enact ment, to provide for a Commission Manager form of government for said City,"; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2055. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to create the Gainesville Redevelopment Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2056. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Williamson of the 45th, Clark of the 55th, Burton of the 47th, Robinson of the 58th, Steinberg of the 46th, and others: A BILL to amend an Act providing for the compensation of certain county officers and officials of DeKalb County so as to change the definition of the term "gross salary"; to change the compensation of certain county officers; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2057. By: Representatives Cooper, Wilson and Kaley of the 19th, Burruss and Housley of the 21st, and Murphy of the 18th: A BILL to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation of the Chairman and other Commissioners; to pro vide for an annual local expense allowance for the Commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2058. By: Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th, Galer of the 97th, Bishop of the 94th, and Phillips of the 91st: A BILL to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace, and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee so as to change the compensation of the judge of said court; and for other pur poses. Referred to the Committee on State Planning & Community Affairs - Local. HB 2059. By: Representatives Rowland of the 119th, and Coleman of the 118th: A BILL to amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees so as to change the compensation of the probate court judge; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 798-2059. By: Representatives Williamson of the 45th, Robinson of the 58th, Butler, Tolbert and Johnston of the 56th, Noble of the 48th, Lenderman of the 53rd, Burton of the 47th, and others: A RESOLUTION proposing an amendment to the Constitution so as to change the homestead exemption from ad valorem taxes levied for county purposes in DeKalb County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2060. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County; and for other purposes. MONDAY, FEBRUARY 27, 1978 1863 Referred to the Committee on State Planning & Community Affairs - Local. HB 2061. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2062. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2063. By: Representatives Stone and Greene of the 138th: A BILL to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2064. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2065. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 799-2065. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, Steinberg of the 46th, Williamson of the 45th, Tolbert and Johnston of the 56th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charitable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the forego ing; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2066. By: Representative Rowland of the 119th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: 1864 JOURNAL OF THE HOUSE, HB 2023 HR 776-2023 HR 777-2023 HB 2036 HB 2037 HB 2038 HB 2039 HB 2041 HB 2042 HB 2043 HB 2044 SB 122 SB 481 SB 523 SB 547 SB 581 SB 615 SB 619 SR 218 SR 315 SR 328 SR 333 Representative Rainey of the 135th District, Chairman of the Committee on Game, Fish & Recreation, submitted the following report: Mr. Speaker: Your Committee on Game, Fish & Recreation has had under consideration the follow ing Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 394 Do Pass SB 509 Do Pass SB 508 Do Pass, as Amended Respectfully submitted, Rainey of the 135th Chairman Representative Dent of the 85th District, Chairman of the Committee on Human Relations & Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the fol lowing Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 290 Do Pass Respectfully submitted, Dent of the 85th Chairman Representative Buck of the 95th District, Chairman of the Committee on Retirement, submitted the following report: Mr. Speaker: Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 455 Do Pass Respectfully submitted, Buck of the 95th Chairman MONDAY, FEBRUARY 27, 1978 1865 Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 364 HB 903 HB 2008 HB 2013 HB 2014 HB 2015 HB 2016 Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass HB 2017 Do Pass HB 2019 Do Pass HB 2020 Do Pass HB 2021 Do Pass HB 2022 Do Pass HR 744-2020 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Collins of the 144th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 14 HB 101 HB 385 HB 386 Do Pass Do Pass Do Pass Do Pass HB 1403 HB 1406 HB 1407 HB 1692 Do Pass Do Pass Do Pass Do Pass HHRBB d3S8o89o8 HB 390 HB 603 HB 1201 HB 1352 DnDoo0 ^ PPaassss Do Pass Do Pass Do Pass Do Pass HUTMTB, 31,,,,695-1.9,6,~6 DTD-.o PTPa,aSsSs HR 72 ' 313 Do Pass HR 368-1209 Do Pass HR 390-1219 Do Pass HR 440-1274 Do Pass Respectfully submitted, Collins of the 144th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 27, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Monday, February 27, 1978, and submits the following: HR 591-1718 State Authorities Study Committee; Create SB 36 Law Officers, Firemen, etc. Death; Indemnification 1866 JOURNAL OF THE HOUSE, SB 98 SB 285 SB 350 SB 398 SB 403 SB 413 SB 433 SB 437 SB 449 SB 451 SB 486 SB 548 SB 553 Peace Officers Annuity and Benefit Fund; Redefine Peace Officer Gordon Judicial Circuit; Create Fair Market Value; Redefine/Guidelines Peace Officer/Law Enforcement Officer; Define Public Assistance Fraud; Relative to Offense Speed Detection Devices, Cases Based on Use Of Crime/Theft By Taking; Shoplifting; Evidence, Etc. Real Estate Commissioner & Emp.; Inactive Status/License Mentally 111; Hospitalization & Treatment Alcoholic & Drug Addicts; Hospitalization & Treatment Preventable Disease; PKU Test/Mental Retardation Motor Vehicle/Wide Load; Extend Width to 14 Ft. Teachers, Transfer of Sick Leave Credit SR 257 SR 316 Board of Registration for Professional Soil Classifiers; Term State Property in Atlanta, Easement The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 2008. By: Representatives Colwell and Twiggs of the 4th: A BILL to incorporate the City of Sky Valley in the County of Rabun; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2013. By: Representative Edwards of the 110th: A BILL to amend an Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation so as to change the provisions relative to the compensation of the Sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2014. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and plac ing said officers on an annual salary so as to change the provisions relating to the compensation of the deputies of the judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. MONDAY, FEBRUARY 27, 1978 1867 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2015. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk and deputy clerks; to change the number of deputy clerks authorized; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2016. By: Representatives Jones of the 126th, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Scott of the 123rd, Chance of the 129th, Taggart of the 125th, and Hill of the 127th: A BILL to amend an Act providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, so as to change the manner of fill ing vacancies in the office of chairman; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2017. By: Representatives Snow and Hays of the 1st, Foster and Williams of the 6th, and Money of the 5th: A BILL to amend an Act known as the "Walker County Development Authority Act" so as to change the definition of "undertaking", "project", "undertaking or project" and "undertaking and project"; and to pro vide for the Walker County Development Authority to have all powers enumer ated under the "Development Authorities Law"; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2019. By: Representative Murphy of the 18th: A BILL to amend an Act creating a new charter for the City of Tallapoosa so as to provide for certain gas, water and sanitation funds; to change certain accounting and budgetary procedures; to change the fiscal year of said City; to regulate sales to the City by officers and employees of the City; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1868 JOURNAL OF THE HOUSE, HB 2020. By; Representative Bray of the 70th: A BILL to amend an Act incorporating the City of Manchester so as to change the method and procedure for run-off elections for offices of the City of Manchester; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2021. By: Representative Adams of the 79th: A BILL to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation so as to change the compensa tion provisions relating to the sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2022. By: Representatives Waddle of the 113th, and Watson of the 114th: A BILL to amend an Act incorporating the City of Warner Robins so as to change the cor porate limits of said city; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 744-2020. By: Representative Kilgore of the 65th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Notwithstanding any other provisions of this Constitution to the contrary, the home stead of each resident of the City of Douglasville actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is hereby exempted in the amount of $4,000.00 from all ad valorem taxation by the City of Douglasville, provided that said resident is 65 years of age or over and provided that his income, together with the income of his spouse who also occupies and resides at such homestead, from all sources does not exceed $6,000.00 per annum. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Douglasville. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit MONDAY, FEBRUARY 27, 1978 1869 with the governing authority of the City of Douglasville, or with a person designated by the governing authority of the City of Douglasville, giving his age and such additional information relative to receiving the benefits of such exemption as will enable the gov erning authority of the City of Douglasville, or the person designated by the governing authority of the City of Douglasville, to make a determination as to whether such owner is entitled to such exemption. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided for herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the governing authority of the City of Douglasville, or the person designated by the governing authority of the City of Douglasville, in the event he becomes ineligible for the exemption provided in this para graph. The governing authority of the City of Douglasville, or the person designated by said governing authority, shall provide for the proper administration of this exemption. The exemption provided herein shall apply to all taxable years beginning after Decem ber 31, 1978." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemp tion of $4,000.00 from ad valorem taxation by the City of Douglasville?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J. (Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. 1870 JOURNAL OF THE HOUSE, Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HB 364. By: Representatives Hamilton of the 31st, Daugherty of the 33rd, Felton of the 22nd, Holmes of the 39th, Dean of the 29th, and Deveaux of the 28th: A BILL to amend an Act creating the Board of Commissioners of Fulton County, approved Dec. 3, 1880, as amended, so as to change the composition of said Board; to provide for the election of members to the Board; and for other pur poses. The following Committee substitute was read and adopted: A BILL To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. Laws 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2672), by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2462) and by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2128), so as to change the composition of said Board; to provide for the election of members to the Board; to provide for commissioner districts; to provide for terms of office; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. Laws 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2672), by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2462) and by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2128), is hereby amended by striking Sections 1 through 4 of the amendatory Act approved February 15, 1952 (Ga. Laws 1952, p. 2672), as amended by said Act approved March 29, 1973 (Ga. Laws 1973, p. 2462) and by said Act approved March 5, 1974 (Ga. Laws 1974, p. 2128) in their entirety and substituting in lieu thereof new Sections 1 through 4 to read as fol lows: "Section 1. (a) Effective January 1, 1979, the Board of Commissioners of Fulton County shall be composed of seven members who shall be elected from Commissioner Districts provided for hereinafter. (b) All members of said Board of Commissioners shall be qualified electors of Fulton County and shall be at least 25 years of age as of the date of taking office. All of said members shall have been residents of Fulton County and of their respective Commis sioner Districts for at least one year as of the date of their taking office and shall remain residents of the county and of their respective Commissioner Districts while serving as members of the Board. Each member of the Board shall be elected by a majority vote of the qualified electors voting within his respective Commissioner District at the elec tions provided for hereinafter. Any person offering as a candidate for Commissioner shall designate the Commissioner District for which he is offering. All members of said MONDAY, FEBRUARY 27, 1978 1871 Board of Commissioners shall be nominated and elected in accordance with the provi sions of Ga. Code Title 34, known as the 'Georgia Election Code', as now or hereinafter amended. Section 2. The first members of the Board of Commissioners of Fulton County pro vided for herein shall be elected at the general election held in 1978, and shall take office on the first day of January 1979, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Section 3. (a) For the purposes of electing the members of the Board of Commission ers, Fulton County shall be divided into seven Commissioner Districts as follows: Commissioner District No. 1. Fulton Tract 88 Blocks 101, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 202, 203, 204, 205, 207, 208 and 209 Tract 89 Blocks 511, 606, 607, 608, 610, 611, 612 and 614 Tract 95 All Blocks numbered in 100's Tract 96 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 304 All Blocks numbered in 700's All Blocks numbered in 800's Tracts 97, 98, 99, 100, 101.01, 101.02, 102.01, 102.02, 114, 115 and 116. Commissioner District No. 2. Fulton Tracts 1, 2, 4, 5, 6, 10, 11 and 12 Tract 13 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Blocks 406, 407, 408 and 409 Tracts 14, 15 and 16 Tract 30 Blocks 101, 102, 106, 107, 203, 204, 207, 208, 306, 307, 308, 309, 310 and 311 Tract 88 Blocks 102, 103, 104, 117, 118, 119, 120, 201, 210 through 214, 302 through 312, and 401 through 403 Tract 89 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's All Blocks numbered in 500's except Block 511 1872 JOURNAL OF THE HOUSE, Blocks 601, 602, 603, 604, 605 and 609 Tracts 90, 91, 92, 93 and 94 Tract 95 All Blocks numbered in 200's All Blocks numbered in 300's All Blocks numbered in 400's Tract 96 Blocks 303 and 305 through 310 All Blocks numbered in 400's All Blocks numbered in 500's All Blocks numbered in 600's. Commissioner District No. 3. Fulton Tract 13 Blocks 401 through 405 and 410 Tracts 17, 18, 19, 25, 27, 28 and 29 Tract 30 Blocks 210 through 213, 301 through 305 and 312 Tracts 32, 33, 35, 37 and 38 Tract 41 Blocks 101 through 105, 107 through 110, 201 through 204, 206 through 210 and 301 through 306 All Blocks numbered in 400's Tracts 42, 43, 44, 45, 46, 47, 48, 49 and 50 Tract 53 Blocks 101 through 107 Blocks 307, 308 and 311 All Blocks numbered in 400's All Blocks numbered in 500's Tract 55.01 Tract 55.02 Except Blocks 204, 205, 213, 214, 215, 218 through 221 and 225 through 228 Tracts 56 and 57 Tract 58 All Blocks numbered in 100's Blocks 201 through 213 Tract 59 Tract 62 All Blocks numbered in 100's Tract 63. Commissioner District No. 4. Fulton Tracts 7, 8, 9, 20, 21, 22 and 23 Tract 24 All Blocks numbered in 100's All Blocks numbered in 200's Blocks 301, 302 and 303 Tracts 26 and 36 Tract 82.01 MONDAY, FEBRUARY 27, 1978 1873 All Blocks numbered in 100's Blocks 201 through 208 and 214 through 219 Tract 82.02 Blocks 901 through 905 Tract 83.01 Tract 83.02 All Blocks numbered in 100's Blocks 201 through 203 and 303 through 306 All Blocks numbered in 400's Tract 84 All Blocks numbered in 100's All Blocks numbered in 200's All Blocks numbered in 300's Blocks 403, and 502 through 508 Tracts 85, 86.01, 86.02, 87.01 and 87.02 Tract 88 Blocks 301, 314, 315 and 404 through 413. Commissioner District No. 5. Fulton Tract 30 Blocks 103, 104, 105, 109, 110, 201, 202 and 205 Tracts 31 and 52 Tract 53 Blocks 108 through 111 All Blocks numbered in 200's Blocks 301 through 306, 309 and 310 Tract 55.02 Blocks 204, 205, 213 through 215, 218 through 221 and 225 through 228 Tract 58 Blocks 214 through 216 Tract 62 All Blocks numbered in 200's All Blocks numbered in 300's Tracts 64, 65 and 66.01 Tract 66.02 All Blocks numbered in 100's Tracts 67, 68, 69, 70, 71, 72, 73, 74 and 75 Tract 76.01 Blocks 101 through 104, 901 and 902 Tract 108. Commissioner District No. 6. Fulton Tract 24 Blocks 304 through 308 All Blocks numbered in 400's All Blocks numbered in 500's Tracts 39 and 40 Tract 41 1874 JOURNAL OF THE HOUSE, Blocks 106, 205, 308, 309 and 310 Tracts 60 and 61 Tract 66.02 All Blocks numbered in 200's Tract 76.01 Blocks 105 through 110 All Blocks numbered in 200's Tracts 76.02, 77.01 and 77.02 Tract 78.01 Except Blocks 936 and 937 Tract 78.02 Except Blocks 103, 104, 105, 914 and 915 Tracts 79, 80, 81.01 and 81.02 Tract 82.01 Blocks 209 through 213 and 220 through 224 Tract 82.02 All Blocks numbered in 100's All Blocks numbered in 200's Tract 83.02 Blocks 205, 206, 207, 301 and 302 Tract 84 Blocks 401, 402, 404 through 407 and 501 Tract 103, that portion thereof lying within CCD 10. Commissioner District No. 7 Fulton Tract 78.01 Blocks 936 and 937 Tract 78.02 Blocks 103, 104, 105, 914 and 915 Tract 103, that portion thereof lying within CCD 15 Tracts 104, 105.01, 105.02, 106.01, 106.02, 107, 109, 110, 111, 112.01, 112.02, 113.01 and 113.02. (b) As used in subsection (a) hereof, the designation 'CCD' means 'Census County Division' and the word 'Tract' means 'Census Tract'. The terms 'Census County Divi sion', 'Census Tract' and 'Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census Report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of Fulton County which is not included in any of the seven Commissioner Districts described in subsection (a) hereof shall be included within that district contiguous to such portion which con tains the least population according to the United States Decennial Census of 1970 for the State of Georgia. (c) The Chairman of the Board of Commissioners shall be elected by the Board of Commissioners from its own membership at the first regular meeting held in January of each odd-numbered year, beginning with the year 1979. Each Chairman shall serve from the date of his election as such by the Board until his successor is elected by the Board as herein provided. In the event the office of Chairman becomes vacant, the remaining members shall elect a Chairman from their own membership to serve for the unexpired term. The Chairman shall preside over meetings of the Board and shall be a full voting member thereof. MONDAY, FEBRUARY 27, 1978 1875 Section 4. In the event a vacancy occurs in the membership of said Board of Commis sioners by death, resignation, removal of residency from the Commissioner District from which elected, or for any other reason, and the unexpired term is six months or less, the remaining members shall appoint a qualified person to serve for the unexpired term. If the unexpired term is more than six months, such vacancy shall be filled by a special election to elect a qualified person to serve for the unexpired term. At special elections to fill vacancies, only the qualified electors residing within the Commissioner District wherein the vacancy occurs shall be eligible to vote. Special elections to fill vacancies shall be called and held in accordance with the applicable provisions of Georgia Code Title 34, known as the 'Georgia Election Code', as now or hereafter amended." Section 2. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the Board of Commissioners at the general election held in 1978, this Act shall become effective on January 1, 1979. The provisions of this Act relative to and necessary for the election of the members of said Board of Commissioners at said gen eral election held in 1978, shall become effective upon the approval of this Act by the Gov ernor or upon its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Baikcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. N Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Edwards, W. Elliott, E.H. Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. N Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Y Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Noble, Bill Oldham, L. Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Williams, R. Wuliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 96, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substitute. 1876 JOURNAL OF THE HOUSE, Representative Lane of the 40th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 364, by substitute. The Speaker ruled that the proper time was the present. Representative Lane of the 40th moved that the House reconsider its action in giving the requisite constitutional majority to HB 364, by substitute. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. Y Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. N Clark, Betty N Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Culpepper, B. N Daniel, G. N Daugherty, J.C. Davis, B. Dean, D.C. N Dent, R.A. N Deveaux, C. Dixon, H.D. N Dover, Bill Edwards, W. EUiott, E.H. Evans, W.D. Y Felton, D. N Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Greene, J. N Greer, J.W. N Ham, B. Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. N Housley, E. N Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. N Long, W.K. Looper, M. Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. Y Matthews, D.R, N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. Mostiler, J.L. N Mullinax, E.G. N Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. Y Noble, Bill N Oldham, L. Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplet!, Tom Y Truluck, R. N Tucker, R.M. N Tuten, J. Twiggs, R. N Vaughn, C.R. Veazey, M. Waddle, T.W. N Walker, L. Wall, V. N Ware, J.C. N Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 32, nays 95. The motion was lost. HB 903. By: Representatives Gignilliat of the 122nd, Battle of the 124th, Scott of the 123rd, and Hill of the 127th: A BILL to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to extend the corporate limits of the City of Savannah; to provide for a referendum; to provide for severability; and for other purposes. The following Committee substitute was read: A BILL To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of MONDAY, FEBRUARY 27, 1978 1877 the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah are further amended as follows: Section 1. The Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing for a council-manager form of government for said City and providing for other matters relative thereto, approved December 3, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2019), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The government of the City of Savannah and all corporate rights, powers and privileges and all duties, obligations and liabilities of said City are hereby vested in the Mayor and Aldermen, and the Board of Aldermen of said City shall here after consist of eight members. The Mayor shall be elected at the time and in the man ner as heretofore provided, and the provisions of this Section shall not affect the election or term of office of the Mayor. Two Aldermen may reside anywhere within the corporate limits of the City of Savannah and shall be elected by a majority vote of the voters of the City at large voting at the elections provided for hereinafter. For the pur pose of electing the two at-large Aldermen there shall be two Aldermanic Posts to be designated Aldermanic Posts 1 and 2, and any person offering as a candidate for nom ination or election as an at-large Alderman shall designate the Aldermanic Post for which he is offering. For the purpose of electing the remaining six Aldermen, there shall be six Aldermanic Districts, as hereinafter provided, and there shall be one Alderman from each such District. An Alderman from an Aldermanic District shall have been a resident of his respective District for at least six months preceding the date of his elec tion and shall remain a resident of such District during his term of office. Each Alder man from an Aldermanic District shall be elected by a majority vote of the voters residing within his respective District voting at the elections provided for hereinafter. The six Aldermanic Districts of the City of Savannah shall be composed of portions of territory of Chatham County lying within the corporate limits of said City as follows: Aldermanic District No. .1 Chatham County Garden City CCD 5 Tract 106.02 Block 101 Block 102, that portion lying east of Georgia State Highway 26 (total population - 3 Block population) Blocks 106, 107, 108, 109 and 201 Block 205, that portion lying east of Market Street extended to the Dundee Canal Blocks 208 and 210 Block 213, except that portion lying west of Market Street extended to its intersection with the northern right-of-way line of the SAL railroad tracks Savannah CCD 25 Tracts 1, 1.99, 2, 2.99, 3.99, 6, 7, 12 and 17 Tract 23 ED's 133 and 134 Tracts 32 and 33 1878 JOURNAL OF THE HOUSE, Tracts 105, 106.02, 107 and 108 West Savannah CCD 45 Tract 45 ED's 36 and 37 Aldermanic District No. 2 Chatham County Savannah CCD 25 Tracts 3, 5, 5.99, 8, 9, 10, 11, 13, 15, 18, 19 and 20 Aldermanic District No. 3 Chatham County Savannah CCD 25 Tracts 21, 22, 27, 36.01, 36.02 and 37 Aldermanic District No. 4 Chatham County Savannah CCD 25 Tract 23 ED's 132, 135 and 136 Tracts 24, 25, 26, 28 and 29 Tract 34 ED's 163, 166, 167, and 168 Tract 44 West Savannah CCD 45 ED's 38, 39, 40 and 41 Aldermanic District No. 5 Chatham County Savannah CCD 25 Tract 30 Tract 34 ED's 162, 164 and 165 Tracts 35.01, 35.02 and 38 Tract 39 ED's 181, 182, 183, 184, and 185 Tract 40 ED's 186, 187, 189, 190, 191, 194, 195, 196A and 196B Thunderbolt CCD 35 Tract 39 ED 214 Aldermanic District No. 6 Chatham County Savannah CCD 25 Tract 40 ED's 188, 197, 198 and 199 Tract 43 Vernonburg-White Bluff CCD 40 Tract 42.01 Tract 42.02 ED's 239, 240, 241 and 242 ED's 243 and 244 Tract 109 MONDAY, FEBRUARY 27, 1978 1879 ED's 260 and 261 ED 262, that portion bordered on the west and south by the Forest and Little Ogeechee River and on the East by the Vernon River. For the purposes of the descriptions of Aldermanic Districts as provided for above, the designation 'CCD' shall mean 'Census County Division'; the designation 'ED' shall mean 'Enumeration District' and the word 'Tract' shall mean a 'Census Tract'. The terms 'Census County Division', 'Enumeration District', 'Census Tract' and 'Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia, County of Chatham. Any portion of the corporate limits of the City of Savannah which is not included in any Aldermanic District described above shall be included within that Aldermanic District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970. (b) The first members of the Board of Aldermen provided for by subsection (a) above shall be nominated and elected at the regular municipal primary and election con ducted in 1978 and shall take office for terms of four years at the same time as hereto fore specified as the date for Aldermen of the City of Savannah to take office. Such Aldermen shall be the successors to the members of the heretofore existing Board of Aldermen of the City of Savannah whose regular terms of office expire at the time the Aldermen elected as provided herein take the oath of office, and nothing in this Section shall be construed to change the terms of office of the members of the heretofore exist ing Board of Aldermen of the City of Savannah. Successors to such first members nomi nated and elected as provided herein and future successors shall be nominated and elected at the regular municipal primary and election held immediately preceding the expiration of the terms of office and shall take office at the time specified for Aldermen to take office following their election for terms of four years. All Aldermen nominated and elected as provided herein shall serve for terms of four years and until their succes sors are elected and qualified." Section 2. The City limits of the City of Savannah, known as the "Mayor and Alder men of the City of Savannah," in addition to all the territory, land and improvements, now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land and improvements located within the following described areas, to wit: AREA A Beginning at the intersection of the northern right-of-way line of Montgomery Cross roads and the centerline of Hayners Creek; thence in a southerly direction along the centerline of Hayners Creek and the Vernon River until it intersects the western boundary line of the town limits of Vernonburg, Georgia, and proceeding thence in a northwesterly direction along the town limits of Vernonburg, which is the low water mark of the south ernmost tributary to a point which intersects the northern projection of the eastern right-of-way line of Rockwell Avenue; proceeding thence in a southern direction along the eastern right-of-way line of Rockwell Avenue to a point that intersects the southern right-of-way line of Vernonburg Avenue; proceeding thence in a western direction along the southern right-of-way line of Vernonburg Avenue to a point that intersects the east ern right-of-way line of White Bluff Road; proceeding thence South along the eastern right-of-way line of White Bluff Road a distance of 1,426.46 feet to a point; proceeding thence North 66 31' West a distance of 1,014.66 feet to a point; which is commonly known as the common boundary line between the Bonnie Doon Tract and the property known as Retreat (now or formerly owned by Rourke); proceeding thence in a south westerly direction along a projection of the common boundary line to a point that inter sects the centerline of the Bonnie Doon Creek; proceeding thence along the centerline of the Bonnie Doon Creek along its meanderings in a generally southern direction to a point that intersects the centerline of the Vernon River proper; proceeding thence in a 1880 JOURNAL OF THE HOUSE, southwesterly direction to its intersection with the extended centerline of the Little Ogeechee River; thence in a westerly and then northerly direction along the centerline of the Little Ogeechee River (Forest River) to its intersection with the northern right-ofway line of Abercorn Street Extension (Ga. 204); thence in an easterly direction along the northern right-of-way line of Abercorn Street Extension to its intersection with the Savannah city limits; thence in an easterly then northerly direction along the Savannah city limits to its intersection with the western right-of-way line of Howard Foss Drive; thence in a southerly direction along the western right-of-way line of Howard Foss Drive and such line extended to its intersection with the western right-of-way line of Central Avenue; thence in a southerly direction along the western right-of-way line of Central Avenue to its intersection with the western right-of-way line of a Central AvenueSkidaway Road Connector; thence in a southerly direction along the western right-ofway line of the Central Avenue-Skidaway Road Connector to its intersection with the eastern right-of-way line of Skidaway Road; thence in a northerly direction along the eastern right-of-way line of Skidaway Road to its intersection with the extended north ern right-of-way line of Montgomery Crossroads; thence westerly along the northern right-of-way line of Montgomery Crossroads to the point of beginning. AREA B Beginning at the intersection of the eastern right-of-way line of Lynes Parkway and the northern right-of-way line of Louisville Road; thence in a southerly direction along the eastern right-of-way line of Lynes Parkway to its intersection with the Savannah city limits south of Staley Avenue; thence in a northerly direction along the Savannah city limits to its intersection with the southern right-of-way line of U. S. Highway 80; thence in a southwesterly direction along the southern right-of-way line of U. S. High way 80 to its intersection with the eastern right-of-way line of the Dundee Canal; thence in a southerly direction along the eastern right-of-way line of the Dundee Canal to its intersection with the extended eastern right-of-way line of Market Street; thence in a southerly direction along the eastern right-of-way line of Market Street to its intersec tion with the extended northern right-of-way line of Louisville Road; thence in an east erly direction along the northern right-of-way line of Louisville Road to the point of beginning, excluding therefrom those zoned areas which have been designated and zoned as "M" (Manufacturing Districts), and "I-H" (Heavy Industrial Districts), the bounda ries of which are shown in the official zoning map of Chatham County, Georgia, which is located in the office of the Zoning Administrator of Chatham County in Savannah, Georgia. The lots and parcels of land referred to herein as being excluded from the above described area are more particularly shown on pages D-7, E-7, E-8 and E-9 of the Chatham County Zoning Maps recorded on January 12, 1978, on pages BB-113, BB-114, BB-115 and BB-116 of the plat books in the Clerk of Superior Court Records in the Chatham County Courthouse in Savannah, Georgia. Section 3. No person or business doing business in the area annexed to the City of Savannah by this Act shall be required to pay a city business or occupation tax during the calendar year 1978, provided such license or tax has been paid to Chatham County. Section 4. No taxes shall be levied by the Mayor and Aldermen of the City of Savannah on real or personal property in the area annexed to the City of Savannah by this Act until January 1, 1979; however, until such time as such taxes are levied, the charges for water and sewer services in said annexed area shall be the same as charges for such services in areas outside the corporate limits of said city. Section 5. Upon the approval of this Act at the election as provided in Section 6 of this Act and certification of said election by the Board of Elections of Chatham County, persons residing in areas defined in Section 2 of this Act shall have all the rights, privi leges and responsibilities as other residents of the City of Savannah, except as otherwise provided by this Act. Any such person residing within such areas who is a qualified elector of Chatham County shall be a qualified elector of the City of Savannah on and after the MONDAY, FEBRUARY 27, 1978 1881 date this Act becomes effective and shall be eligible to vote in any municipal, primary or election held at any time after the date this Act becomes effective. Section 6. Not more than three days after the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the Board of Elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the voters residing outside of the corporate limits of the City of Savannah as the city limits existed on January 1, 1978, but within the areas proposed to be annexed under the provisions of Section 2 of this Act and to the voters residing within the corporate limits of the City of Savannah as the same existed on January 1, 1978, for approval or rejection. Only the qualified voters of the City of Savannah and those voters residing in such areas proposed to be annexed by Section 2 of this Act who are registered voters of Chatham County and who are qualified to vote for members of the General Assembly of Georgia shall be eligible to vote in said election. It shall be the duty of the Board of Elections of Chatham County to compile a list of the registered voters of the county residing within the areas to be annexed to the city limits of Savannah under the provisions of Section 2 of this Act. The Board of Elections shall set the date of such election for a day not less than 29 nor more than 35 days after the date of the issuance of the call. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act providing for an eight-member Board of Aldermen of the City of Savannah and changing the corporate limits of the City of ( ) NO Savannah be approved?" All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the total number of votes cast on such question are for approval of the Act, it shall become of full force and effect at the times specified by Section 8 of this Act, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Savannah. It shall be the duty of the Board of Elections of Chatham County to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elections except as provided herein. The Board of Elections is hereby authorized to estab lish one or more special polling places for the conduct of said election. It shall be the duty of the Board of Elections to canvass the returns and declare and certify the results of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8. If this Act is approved at the election provided for by Section 6, then Sec tions 2 and 5 of this Act shall become effective upon the certification of the results of such election, and Section 1 of this Act shall become effective upon the certification of the results of such election for the purposes of the municipal primary and election of 1978 and shall become effective for all purposes on the date the Mayor and Aldermen take office following their election at said 1978 municipal election. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: 1882 JOURNAL OF THE HOUSE, Representative Jones of the 126th District moves to amend the Committee substitute to House Bill 903 by striking the sentence on page 10, line 7 after the word "No," and substituting: "If more than one-half of the number of votes cast on such question in Savannah and more than one-half of the number of votes cast on such question in the area to be annexed are for approval of the Act, it shall become of full force and effect at the times specified by section eight of this Act, but otherwise it shall be void and of no force and effect." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. N Argo, B. Auten, D. Balkcom, R. N Bargeron, E. N Battle, Joe Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. N Connell, J. Cooper, B. N Coi, W.E. Crosby, T. Y Culpepper, B. N Daniel, G. Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. N Dixon, H.D. Dover, Bill Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. N Greer, J.W. Y Ham, B. Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. N Holmes, Bob Home, F. N Horton, G.T. Y Housley, E. N Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. Y Matthews, D.R. McCollum, H. McDonald, L. N McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 72, nays 63. The amendment was adopted. N Scott, D. Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplet!, Tom Y Truluck, R. N Tucker, R.M. Tuten, J. Twiggs, R. N Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker Representative Gignilliat of the 122nd moved that the House reconsider its action in adopting the Jones amendment. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Baugh, W.E. N Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H, Y Connell, J. Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. MONDAY, FEBRUARY 27, 1978 1883 Y Deveaux, C. Y Dixon, H.D. Dover, Bill Edwards, W. N EUiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. N Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. N Ham, B. Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. Y Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. Y Hudson, Ted N Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. Y Jackson, J.D. Y Jessup, Ben N Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. N Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick N Lane, W.J. Y Lee, W.J.(BUl) Lenderman, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. N Matthews, D.R. McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. Y Mostiler, J.L. Y Mullinai, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. N Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Williams, R. N Williamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 83, nays 57. The motion prevailed. On the re-adoption of the Jones amendment, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. N Argo, B. Auten, D. Balkcom, R. N Bargeron, E. N Battle, Joe Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childera, E.M. Childs, P. N Clark, Betty N Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. N Connell, J. Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. Y Diion, H.D. Dover, Bill Edwards, W. Y EUiott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. N Holmes, Bob Home, F. N Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinaon, R.S. N Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. N Lee, WJ.(Bill) Lendennan, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. Matthews, D.R. McCollum, H. McDonald, L. N McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. N Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. Tuten, J. Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. Watkins, L. Y Watson, R.H,Jr. Y Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the re-adoption of the Jones amendment, the ayes were 63, nays 73. 1884 JOURNAL OF THE HOUSE, The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcofn, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L: N Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. N Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick N Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. N Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 121, nays 18. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 618. By: Senator Reynolds of the 48th: A BILL to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972, so as to remove therefrom the provisions as to a marshal of said court; to provide for the attendance at said court of the sheriff or his lawful deputies; to define his duties; and for other purposes. MONDAY, FEBRUARY 27, 1978 1885 SB 623. By: Senator Shapard of the 28th: A BILL to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), approved December 14, 1897, so as to change the dates of the terms of said court; to provide an effective date; and for other purposes. SB 627. By: Senator Walker of the 19th: A BILL to authorize and direct the Election Superintendent of Telfair County to hold an election for the purpose of submit ting to the voters of Telfair County certain options relative to the election or appointment of the board of education and the election or appointment of the county school superintendent; and for other purposes. SB 631. By: Senator Traylor of the 3rd: A BILL to amend an Act changing the compensa tion of the sheriff, certain deputy sheriffs and the clerk of the superior court of Bryan County from the fee system to the salary system of compensation, approved March 10, 1959, so as to provide for additional compensation for the sheriff and sheriffs deputies; and for other purposes. SB 632. By: Senators Shapard of the 28th and Johnson of the 34th: A BILL to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of the judge of the probate court; to provide for other matters relative thereto; to provide an effec tive date; and for other purposes. SB 633. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act creating the office of Tax Commissioner of Fayette County, approved January 26, 1956, so as to change the compensation of the tax commissioner; and for other purposes. SB 634. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of said sheriff; and for other purposes. HB 1626. By: Representatives Williamson of the 45th, Linder of the 44th, Tolbert, Johnston and Butler of the 56th, Elliott of the 49th, Hawkins of the 50th, Richardson of the 52nd, and others: A BILL to repeal an Act entitled "An Act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition, in writing, to the Commis sioners of Roads and Revenues of said county of a majority of the persons sub ject to road duty in such district"; and for other purposes. HB 1630. By: Representatives Williamson of the 45th, Tolbert, Johnston and Butler of the 56th, Linder of the 44th, Elliott of the 49th, Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, and others: A BILL to repeal an Act entitled "An Act to incorporate the town of Collinsville, in the county of DeKalb, and grant certain powers and privileges to said town, and for other purposes"; and for other purposes. HB 1799. By: Representatives Cooper, Wilson and Kaley of the 19th, Nix, Harrison and Isakson of the 20th, and Housley and Burruss of the 21st: A BILL to amend an Act relating to the abolition of the fee system in Cobb County and providing salaries for the judge of the probate court, sheriff, deputy sheriff and clerk of the superior court, so as to change the provisions relative to the chief investiga tor in the sheriffs office; and for other purposes. 1886 JOURNAL OF THE HOUSE, HB 1813. By: Representatives Hill of the 127th, Scott of the 123rd, Gignilliat of the 122nd, Taggart of the 125th, Triplett of the 128th, and Battle of the 124th: A BILL to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts supplementary thereto and amendatory thereof, so as to create the office of Commissioner for the Poor for the City of Savannah; and for other purposes. HB 1814. By: Representative Jones of the 78th: A BILL to provide the annual salary of the sheriff in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. HB 1673. By: Representatives Wilson, Cooper and Kaley of the 19th, Nix, Harrison and Isakson of the 20th, and Burruss and Housley of the 21st: A BILL to amend an Act authorizing the establishment of a Civil Service System in Cobb County so as to provide for subpoena powers for the Civil Service Board; to provide for the production of documents; to provide for discovery; and for other purposes. HB 1674. By: Representatives Robinson of the 58th, Richardson of the 52nd, Steinberg of the 46th, Childs of the 51st, Burton of the 47th, Tolbert, Butler and Johnston of the 56th, and others: A BILL to amend an Act creating a new charter for the City of Clarkston so as to change the provisions regarding the terms of office of the Mayor and Council; to provide for elections; to provide for a refer endum; and for other purposes. HB 1675. By: Representatives Cooper, Wilson and Kaley of the 19th, Harrison, Isakson and Nix of the 20th, and Housley and Burruss of the 21st: A BILL to amend an Act creating the Downtown Marietta Development Authority so as to change the provisions relative to the membership of the Authority; and for other pur poses. HB 1792. By: Representative Hutchinson of the 133rd: A BILL to amend an Act creating a small claims court in certain counties of this State so as to change the provi sions relating to the clerk of the small claims court; to change the filing costs; to provide for the disposition of filing costs; to authorize the clerk to charge a fee for issuing fi. fas.; and for other purposes. HB 1793. By: Representative Hutchinson of the 133rd: A BILL to amend an Act abolish ing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary so as to change the provisions relating to the salary of the sheriff and his deputies; to remove the provisions relating to the automobile of the sheriff, shortwave radio and reimbursement of certain auto mobile expenses; and for other purposes. HB 1734. By: Representatives Kaley, Cooper and Wilson of the 19th, Housley and Burruss of the 21st, and Nix, Harrison and Isakson of the 20th: A BILL to amend an Act creating the State Court of Cobb County so as to provide for a third addi tional judge of the State Court of Cobb County; to provide for the powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge; and for other purposes. HB 1798. By: Representatives Cooper, Wilson and Nix of the 19th, Housley and Burruss of the 21st, and Isakson and Harrison of the 20th: A BILL to repeal an Act entitled "An Act to create the Cobb County Records and Identification Bureau"; and for other purposes. MONDAY, FEBRUARY 27, 1978 1887 The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House: HR 670. By: Representatives Lucas of the 102nd, Randall of the 101st, Home of the 104th, Davis of the 99th, Pinkston of the 100th, and Birdsong of the 103rd: A RESO LUTION creating the CETA Study Committee of Bibb County; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 369. By: Senator Barnes of the 33rd: A BILL to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, mesmerism and any similar act or process except under certain circumstances; to provide a penalty; and for other purposes. SB 374. By Senator Howard of the 42nd: A BILL to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege; and for other purposes. SB 499. By: Senator Gillis of the 20th: A BILL to amend an Act providing for the com pensation and allowances of certain State officials, approved April 13, 1973, so as to provide for a change in the compensation and allowances of certain State officials; to provide for matters relative to the foregoing; to provide for an effec tive date; and for other purposes. SB 625. By: Senator Bell of the 5th: A BILL to amend an Act regulating employment of children, approved January 30, 1946, so as to provide that minors may work as actors or performers in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert or entertainment, in the making of phonographic records, or as advertising or photographic models; and for other purposes. SB 629. By: Senator Johnson of the 34th: A BILL to amend Code Section 68A-706, rela tive to overtaking and passing a school bus, approved March 18, 1976, so as to change the speed limit of school buses on a public road which is a part of a National System of Interstate and Defense Highways; to provide an effective date; and for other purposes. SB 430. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Fair Business Practices Act of 1975, approved April 10, 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; and for other purposes. SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. SB 639. By: Senator Hudson of the 35th: A BILL to amend Code Chapter 88-10, relating to the health regulation of food service establishments, so as to require the 1888 JOURNAL OF THE HOUSE, Department of Human Resources to adopt rules and regulations requiring employees of food service establishments to meet certain health standards; and for other purposes. SB 616. By: Senator Bell of the 5th: A BILL to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, so as to provide that reports shall be made to an appropriate police authority in the absence of a child welfare agency providing protective services; to provide immunity from liability for those making such reports; to provide an effective date; and for other purposes. SB 73. By: Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton of the 9th: A BILL to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions; and for other purposes. SB 247. By: Senators Russell of the 10th and Overby of the 49th: A BILL to provide for the protection of dependent minor children by collection of child support pay ments ordered by the courts and the monitoring of such payments in order to promptly proceed with the collection of such payments which have not been made; and for other purposes. SB 380. By: Senator Stumbaugh of the 55th: A BILL to provide for suspension and expul sion of students from public schools; to provide under what conditions students may be suspended or expelled; to provide for length of suspensions and expulsions; to provide who shall be authorized to suspend or expel; to provide for notice and opportunity for hearings; to provide exceptions; to provide for hearing panels and for conduct of hearings; to provide due process; to provide for applicability of the Georgia Administrative Procedure Act; and for other purposes. SB 559. By: Senators Johnson of the 34th, Kidd of the 25th, Foster of the 50th and others: A BILL to amend an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964, so as to provide for the publication of an administrative bulletin to be known as the Georgia Register; to place limitations on the effective date of rules; to specify how notice of proposed rules shall be given; and for other purposes. SB 582. By: Senator Barnes of the 33rd: A BILL to amend Code Section 84-507, relating to applicants for chiropractic examinations, qualifications, fees and certificates, so as to provide for additional qualifications for applicants matriculating in a chiropractic college after January 1, 1982; and for other purposes. SB 596. By: Senator Kidd of the 25th: A BILL to amend Code Chapter 68B-3, relating to cancellation, suspension and revocation of drivers' licenses, so as to provide for the sentencing of certain persons to alcoholic and drug treatment programs; to provide for limited driver's permits; to provide for the requirements in con nection therewith; to require certain notices; and for other purposes. SB 622. By: Senator Howard of the 42nd: A BILL to amend an Act known as the "Revenue Bond Law", approved March 31, 1937, so as to change the provisions relating to the entry on bonds of a statement as to the validation of said bonds by judgment of a superior court; and for other purposes. MONDAY, FEBRUARY 27, 1978 1889 SB 630. By: Senator Allgood of the 22nd: A BILL to amend Code Title 7, relating to arbi tration and award, so as to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitra tion of certain claims; to provide for petitions and court orders relative to such arbitration; to provide for tolling the statute of limitations; and for other pur poses. SB 636. By: Senator Timmons of the llth: A BILL to provide that every policy of insur ance on a motor vehicle shall provide that the holder of a perfected security interest in the motor vehicle shall have the right to execute a joint release, cov enant not to sue or other instrument with the insured in settlement of any claim involving property damage to the motor vehicle; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House: SR 335. By: Senator Brown of the 47th: A RESOLUTION authorizing the sale and con veyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the "Commission", of all of that certain real property owned by the State of Georgia, hereinafter throughout this Resolution referred to as "the llth Street Property"; and for other purposes. SR 336. By: Senators Holloway of the 12th and Overby of the 49th: A RESOLUTION pro posing an amendment to the Constitution so as provide that a special commis sion shall be authorized to incorporate amendments into the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 341. By: Senators Paulk of the 13th, Lester of the 23rd and Holloway of the 12th: A RESOLUTION creating the Tax and Spending Limitations Study Commission; and for other purposes. SR 348. By: Senators Wessels of the 2nd and Riley of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over who is totally disabled shall be granted an exemption from all ad valorem taxes levied by the Board of Public Education for the City of Savannah and the County of Chatham for educational purposes, including taxes levied for the retirement of school bond indebtedness, in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; and for other purposes. SR 353. By: Senators Gillis of the 20th and Kennedy of the 4th: A RESOLUTION author izing and directing the State Department of Natural Resources to designate the golf course in the Ocmulgee State Park as the "Wallace Adams Golf Course"; and for other purposes. HR 555-1586. By: Representatives Linder of the 44th, Tolbert, Butler and Johnston of the 56th, Hawkins of the 50th, Burton of the 47th, Williamson of the 45th, and Richardson of the 52nd: A RESOLUTION proposing an amendment to the Constitution so as to include certain types of cooperative ownership within the term "homestead" as that term is used for purposes of determining certain exemptions from certain taxation in DeKalb County; and for other purposes. 1890 JOURNAL OF THE HOUSE, HR 653-1828. By: Representatives Triplett of the 128th, Scott of the 123rd, Jones of the 126th, Battle of the 124th, Chance of the 129th, Taggart of the 125th, and Hill of the 127th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the compensation of the members of the Board of Education of Chatham County may be changed by local law without the necessity of a referendum; and for other purposes. HR 650-1826. By: Representatives Snow and Hays of the 1st, Money of the 5th, and Foster of the 6th: A RESOLUTION proposing an amendment to the Constitu tion so as to increase the dollar amount of civil cases over which the Justices of the Peace of Walker County shall have jurisdiction; and for other purposes. HR 654-1828. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood, and Lee of the 72nd: A RESOLUTION proposing an amend ment to the Constitution so as to increase the number of members of the Fayette County Industrial Building Authority and to change the method of appointing members of such Authority; and for other purposes. HR 664-1850. By: Representatives Peters of the 2nd, Ramsey of the 3rd, and Snow and Hays of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority to direct the election superintendent of Catoosa County to conduct additional referendums for the establishment of the Lakeview-Fort Oglethorpe Tax District and to authorize the issuance of bonds for the purpose of building a stadium and recreational facilities; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 536. By: Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th, and Nix, Isakson and Harrison of the 20th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax levied by said Act certain sales by religious institutions or denominations; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 610. By: Senators Barnes of the 33rd, Brantley of the 56th and Thompson of the 32nd: A BILL to amend an Act creating the State Court of Cobb County, approved March 26, 1964, so as to provide that the magistrates shall be elected; to pro vide for their election; to provide for their compensation; to provide for their practice of law; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1812. By: Representative Money of the 5th: A BILL to provide for the compensation of members of the Board of Education of Chattooga County and the travel expenses thereof; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the Senate: SB 210. By: Senator Dean of the 6th: A BILL to amend an Act creating a Dept. of Public Safety for Georgia, so as to provide that officers of the Dept. of Public Safety MONDAY, FEBRUARY 27, 1978 1891 may render assistance to local authorities upon request of members of the Gen eral Assembly; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees: SB 616. By: Senator Bell of the 5th: A BILL to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, so as to provide that reports shall be made to an appropriate police authority in the absence of a child welfare agency providing protective services; to provide immunity from liability for those making such reports; to provide an effective date; and for other purposes. Referred to the Committee on Judiciary. SB 73. By: Senators Stumbaugh of the 55th, Johnson of the 34th and Button of the 9th: A BILL to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions; and for other purposes. Referred to the Committee on Rules. SB 210. By: Senator Dean of the 6th: A BILL to amend an Act creating a Dept. of Public Safety for Georgia, so as to provide that officers of the Dept. of Public Safety may render assistance to local authorities upon request of members of the Gen eral Assembly; and for other purposes. Referred to the Committee on State of Republic. SB 247. By: Senators Russell of the 10th and Overby of the 49th: A BILL to provide for the protection of dependent minor children by collection of child support pay ments ordered by the courts and the monitoring of such payments in order to promptly proceed with the collection of such payments which have not been made; and for other purposes. Referred to the Committee on Special Judiciary. SB 369. By: Senator Barnes of the 33rd: A BILL to amend Code Chapter 26-29, relating to crimes involving dangerous instrumentalities and practices, so as to prohibit the use of hypnotism, mesmerism and any similar act or process except under certain circumstances; to provide a penalty; and for other purposes. Referred to the Committee on Health & Ecology. SB 374. By Senator Howard of the 42nd: A BILL to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege; and for other purposes. Referred to the Committee on Judiciary. SB 380. By: Senator Stumbaugh of the 55th: A BILL to provide for suspension and expul sion of students from public schools; to provide under what conditions students may be suspended or expelled; to provide for length of suspensions and expulsions; to provide who shall be authorized to suspend or expel; to provide for notice and opportunity for hearings; to provide exceptions; to provide for 1892 JOURNAL OF THE HOUSE, hearing panels and for conduct of hearings; to provide due process; to provide for applicability of the Georgia Administrative Procedure Act; and for other purposes. Referred to the Committee on Education. SB 430. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Fair Business Practices Act of 1975, approved April 10, 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; and for other purposes. Referred to the Committee on Industry. SB 499. By: Senator Gillis of the 20th: A BILL to amend an Act providing for the com pensation and allowances of certain State officials, approved April 13, 1973, so as to provide for a change in the compensation and allowances of certain State officials; to provide for matters relative to the foregoing; to provide for an effec tive date; and for other purposes. Referred to the Committee on Appropriations. SB 559. By: Senators Johnson of the 34th, Kidd of the 25th, Foster of the 50th and others: A BILL to amend an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964, so as to provide for the publication of an administrative bulletin to be known as the Georgia Register; to place limitations on the effective date of rules; to specify how notice of proposed rules shall be given; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. Referred to the Committee on State Planning & Community Affairs. SB 582. By: Senator Barnes of the 33rd: A BILL to amend Code Section 84-507, relating to applicants for chiropractic examinations, qualifications, fees and certificates, so as to provide for additional qualifications for applicants matriculating in a chiropractic college after January 1, 1982; and for other purposes. Referred to the Committee on Health & Ecology. SB 596. By: Senator Kidd of the 25th: A BILL to amend Code Chapter 68B-3, relating to cancellation, suspension and revocation of drivers' licenses, so as to provide for the sentencing of certain persons to alcoholic and drug treatment programs; to provide for limited driver's permits; to provide for the requirements in con nection therewith; to require certain notices; and for other purposes. Referred to the Committee on Motor Vehicles. SB 618. By: Senator Reynolds of the 48th: A BILL to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972, so as to MONDAY, FEBRUARY 27, 1978 1893 remove therefrom the provisions as to a marshal of said court; to provide for the attendance at said court of the sheriff or his lawful deputies; to define his duties; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 622. By: Senator Howard of the 42nd: A BILL to amend an Act known as the "Revenue Bond Law", approved March 31, 1937, so as to change the provisions relating to the entry on bonds of a statement as to the validation of said bonds by judgment of a superior court; and for other purposes. Referred to the Committee on Banks & Banking. SB 623. By: Senator Shapard of the 28th: A BILL to amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), approved December 14, 1897, so as to change the dates of the terms of said court; to provide an effective date; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 625. By: Senator Bell of the 5th: A BILL to amend an Act regulating employment of children, approved January 30, 1946, so as to provide that minors may work as actors or performers in motion pictures or theatrical productions, in radio or television productions, in any other performance, concert or entertainment, in the making of phonographic records, or as advertising or photographic models; and for other purposes. Referred to the Committee on Industry. SB 627. By: Senator Walker of the 19th: A BILL to authorize and direct the Election Superintendent of Telfair County to hold an election for the purpose of submit ting to the voters of Telfair County certain options relative to the election or appointment of the board of education and the election or appointment of the county school superintendent; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 629. By: Senator Johnson of the 34th: A BILL to amend Code Section 68A-706, rela tive to overtaking and passing a school bus, approved March 18, 1976, so as to change the speed limit of school buses on a public road which is a part of a National System of Interstate and Defense Highways; to provide an effective date; and for other purposes. Referred to the Committee on Motor Vehicles. SB 630. By: Senator Allgood of the 22nd: A BILL to amend Code Title 7, relating to arbi tration and award, so as to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to authorize the arbitra tion of certain claims; to provide for petitions and court orders relative to such arbitration; to provide for tolling the statute of limitations; and for other pur poses. Referred to the Committee on Judiciary. SB 631. By: Senator Traylor of the 3rd: A BILL to amend an Act changing the compensa tion of the sheriff, certain deputy sheriffs and the clerk of the superior court of Bryan County from the fee system to the salary system of compensation, 1894 JOURNAL OF THE HOUSE, approved March 10, 1959, so as to provide for additional compensation for the sheriff and sheriffs deputies; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 632. By: Senators Shapard of the 28th and Johnson of the 34th: A BILL to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of the judge of the probate court; to provide for other matters relative thereto; to provide an effec tive date; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 633. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act creating the office of Tax Commissioner of Fayette County, approved January 26, 1956, so as to change the compensation of the tax commissioner; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 634. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of said sheriff; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 636. By: Senator Timmons of the llth: A BILL to provide that every policy of insur ance on a motor vehicle shall provide that the holder of a perfected security interest in the motor vehicle shall have the right to execute a joint release, cov enant not to sue or other instrument with the insured in settlement of any claim involving property damage to the motor vehicle; and for other purposes. Referred to the Committee on Motor Vehicles. SB 639. By: Senator Hudson of the 35th: A BILL to amend Code Chapter 88-10, relating to the health regulation of food service establishments, so as to require the Department of Human Resources to adopt rules and regulations requiring employees of food service establishments to meet certain health standards; and for other purposes. Referred to the Committee on Health & Ecology. SR 335. By: Senator Brown of the 47th: A RESOLUTION authorizing the sale and con veyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the "Commission", of all of that certain real property owned by the State of Georgia, hereinafter throughout this Resolution referred to as "the llth Street Property"; and for other purposes. Referred to the Committee on State Institutions & Property. SR 336. By: Senators Holloway of the 12th and Overby of the 49th: A RESOLUTION pro posing an amendment to the Constitution so as provide that a special commis sion shall be authorized to incorporate amendments into the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. MONDAY, FEBRUARY 27, 1978 1895 Referred to the Committee on State of Republic. SR 341. By: Senators Paulk of the 13th, Lester of the 23rd and Holloway of the 12th: A RESOLUTION creating the Tax and Spending Limitations Study Commission; and for other purposes. Referred to the Committee on Ways & Means. SR 348. By: Senators Wessels of the 2nd and Riley of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over who is totally disabled shall be granted an exemption from all ad valorem taxes levied by the Board of Public Education for the City of Savannah and the County of Chatham for educational purposes, including taxes levied for the retirement of school bond indebtedness, in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 353. By: Senators Gillis of the 20th and Kennedy of the 4th: A RESOLUTION author izing and directing the State Department of Natural Resources to designate the golf course in the Ocmulgee State Park as the "Wallace Adams Golf Course"; and for other purposes. Referred to the Committee on State Institutions & Property. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1715. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act creating a Board of Commissioners for Troup County so as to change certain provisions relating to the issuance of building permits; to provide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), so as to change cer tain provisions relating to issuance of building permits; to provide for other matters rela tive to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), is hereby amended by striking subsection (1) of Section 8 thereof in its entirety and substituting in lieu thereof a new subsection (1) of Section 8 to read as follows: 1896 JOURNAL OF THE HOUSE, "(1) To require that all persons, firms or corporations who shall build, construct or erect any house, building, barn or outhouse or shall add to or improve any house, build ing, barn or outhouse within the limits of Troup County, but outside the limits of any incorporated municipality, the cost of which shall exceed the sum of $200.00, shall apply to the commissioners, or to some official designated by them, for a building permit before commencing such construction and such permit shall thereupon be issued upon compliance by applicant with the Subdivision and Zoning ordinances of Troup County and upon furnishing the information the commissioners may require on such application and upon payment of such fees as are reasonably determined by the county governing authority. Should any person, firm or corporation commence such construction without obtaining a permit as herein prescribed, said commissioners shall have authority to stop further construction until the permit is issued and assess a penalty not to exceed ten (10%) percent of the costs of such construction, for failure to comply with the terms hereof;". Section 2. This Act shall become effective April 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Ware of the 68th moved that the House agree to the Senate substitute to HB 1715. On the motion, the ayes were 103, nays 0. The motion prevailed. Representative Ware of the 68th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Insurance: SB 258. By: Senator Doss of the 52nd: A BILL to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income; and for other purposes. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time: SB 548. By: Senator Carter of the 14th: A BILL to amend an Act providing the outside width of buses used by urban transit systems for the purpose of transporting passengers, approved March 11, 1977, so as to authorize the inclusion of modu lar homes and sectional houses in the law which permits the load width of a vehicle transporting a mobile home to extend up to and include 168 inches; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. N Argo, B. Autsn, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. MONDAY, FEBRUARY 27, 1978 1897 Y Castleberry, D. Y Chance, G. N Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. N Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F,Jr. Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Nix, K. Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 126, nays 6. The Bill, having received the requisite constitutional majority, was passed. SB 350. By: Senator Lester of the 23rd: A BILL to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to be used in determining the fair market value of property for taxation purposes; and for other purposes. The following Committee amendment was read and adopted: The Committee on Ways and Means moves to amend S. B. No. 350 as follows: By striking everything on lines 28 through 31 on page 2 and substituting in lieu thereof the following: "The original cost of the property, any depreciation or obsolescence, any increase in value by reason of inflation, and, with respect to property from which natural resources are severed or may be severed, income or losses m value resulting from the use of the property are among". And by striking everything on lines 1 through 6 on page 3 and substituting in lieu thereof the following: "(b) In determining the fair market value of real". The following amendments were read and adopted: Representative Ham of the 80th moves to amend SB 350 by adding before the word "sale" on line 22 of page 2 the word "cash". Representative Isakson of the 20th moves to amend SB 350 by striking on line 30 of page 2 the word "and". 1898 JOURNAL OF THE HOUSE, By adding after the word "property" on line 31 of page 2 the following: ", and the sale of any comparable property or properties sold within 12 months of the date of assessment and lying within a 1 mile radius of the property being assessed as long as said sale(s) lies within the limits of the governing authority of the tax assessor.". Representative Isakson of the 20th moves to amend SB 350 by striking on line 32, page 2 the word "may" and replacing with the word "shall". The following amendment was read: Representative Isakson of the 20th moves to amend SB 350 by deleting after the words "fair market value" on line 20 of page 2, 92-5702 (a) everything on line 20, 21, and 22 through the word "sale" on line 22 and inserting in lieu thereof the following: "shall be deemed to mean what a knowledgeable buyer would pay and a willing seller accept at an arms length sale based on its use and zoning at the time of the assess ment.". The following amendment was read and adopted: Representative Ham of the 80th moves to amend the Isakson amendment to SB 350 by adding after the word "mean" the following: "the cash price"; And by striking the word "what". The Isakson amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nii, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Eamsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. MONDAY, FEBRUARY 27, 1978 1899 Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L, Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 433. By: Senators Johnson of the 34th, Greene of the 26th, Shapard of the 28th and others: A BILL to amend Code Chapter 26-18, relating to crimes of theft, so as to change the definitions of the crime of theft by taking; to define the crime of theft by shoplifting; to provide penalties; to define a certain term; to provide that certain evidence shall be prima facie evidence of value and ownership; to provide for clarification of sentences; and for other purposes. The following amendment was read and adopted: Representative Bray of the 70th moves to amend SB 433 by adding at the end of line 19 on page 2 the following: ", without paying for the same". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. N Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. N Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. N Hamilton, G. Y Banner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin,. R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. 1900 JOURNAL OF THE HOUSE, Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby N White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Y Williamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 135, nays 18. The Bill, having received the requisite constitutional majority, was passed, as amended. HR 591-1718. By: Representatives Harris of the 8th, Collins of the 144th, Lee of the 72nd, Ware of the 68th, and Jones of the 126th: A RESOLUTION Creating the State Authorities Study Committee; and for other purposes. WHEREAS, at the present time, there are numerous Authorities which exercise juris diction over specific projects; and WHEREAS, while such Authorities are composed largely of State officials, still such Authorities are virtually autonomous as to their powers with very little State supervision and direction being exercised over similar State agencies; and WHEREAS, the State Authorities Study Committee, created by the 1977 Regular Session of the General Assembly, did not have sufficient time in which to complete its important work concerning Authorities; and WHEREAS, there is a continuing need for an overall review of the responsibilities and functions of the various State Authorities with a view toward reassignment of responsibili ties for the various projects over which these numerous Authorities exercise supervision. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the State Authorities Study Committee to be com posed of the Chairman of the House Appropriations Committee, the Chairman of the Senate Appropriations Committee, the President Pro Tempore of the Senate, the Chair man of the House Committee on Ways and Means, the Senate Majority Leader, the Chair man of the House Rules Committee, the Chairman of the Senate Natural Resources and Environmental Quality Committee, the House Minority Leader, the Chairman of the Senate Higher Education Committee, the Chairman of the House Insurance Committee, and five members to be appointed by the Governor. The Chairman of the House Appropri ations Committee shall serve as Chairman and the Chairman of the Senate Appropriations Committee shall serve as Vice-Chairman. The Committee shall make a thorough and exhaustive study of the various State Authorities and the projects over which they exercise responsibility. The Committee shall make recommendations concerning the reassignment or consolidation of such functions and responsibilities to existing or new State agencies and such other recommendations as it deems appropriate. The Committee shall be author ized to employ such staff as it shall deem necessary to accomplish the purposes of this Resolution and as shall be approved by the President of the Senate and the Speaker of the House of Representatives. Funds necessary to carry out the provisions of this Resolu tion shall come from funds appropriated to or otherwise available to the legislative branch of government. The Committee shall make a report of its findings and recommendations to the 1979 session of the General Assembly, at which time it shall stand abolished. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 107, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. MONDAY, FEBRUARY 27, 1978 1901 Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 258 Do Pass, by Substitute Respectfully submitted, Ware of the 68th Chairman The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 867. By: Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd, Walker of the 115th, and Snow of the 1st: A BILL to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Broun of the 46th, Tate of the 38th, and Carter of the 14th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1336. By: Representatives Jackson, Whitmire and Wood of the 9th: A BILL to amend Code Title 34A, relating to municipal elections, so as to provide that the names of unopposed candidates need not appear on the general election ballot; to pro vide for other matters relative to the foregoing; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 34A, relating to municipal elections, as amended, so as to pro vide that the names of unopposed candidates need not appear on the general election bal- 1902 JOURNAL OF THE HOUSE, lot; to provide that no election shall be conducted under certain circumstances; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 34A, relating to municipal elections, as amended, is hereby amended by adding a new subsection at the end of Code Section 34A-1004, relating to form of official election ballot, to be designated subsection (g), to read as follows: "(g) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election ballot unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the elector ate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34A-1404." Section 2. Said Code Title is further amended by adding a new subsection at the end of Code Section 34A-1108, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows: "(j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed can didate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34A-1404." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Jackson of the 9th moved that the House agree to the Senate substi tute to HB 1336. On the motion, the ayes were 98, nays 1. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 867. By: Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd, Walker of the 115th, and Snow of the 1st: A BILL to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases; and for other purposes. Representative Ham of the 80th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 867 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Ham of the 80th, Bray of the 70th, and Walker of the 115th. MONDAY, FEBRUARY 27, 1978 1903 Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 449. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill; to provide for definitions; to pro vide for the rights of patients; and for other purposes. The following amendments were read and adopted: The House Committee on Health and Ecology moves to amend S. B. No. 449 as fol lows: By striking from lines 20 and 21 of page 2 the following: "To provide for specific repeal of portions of certain laws;" By adding on line 29 of page 25 after the following: "or 88-503.3" the following: "; provided, however, that the parents or guardian of a minor child must give written consent to such treatment." By striking from lines 12 and 13 of page 26 the following: "Who is 12 years of age or older and" and substituting in lieu thereof the following: ", other than a minor child for whom admission has been sought by his parents or guardian," By striking lines 17 through 23 of page 51 in their entirety. By striking from line 24 of page 51 the following: "Section 5." and substituting in lieu thereof the following: "Section 4." Representative Randall of the 101st moves to amend SB 449 as follows: By striking from lines 14 through 17 of page 16 the following: "The State Department of Education shall provide for the education of all patients of school age who are hospitalized in any State-owned, operated, or designated facility.", and inserting in lieu thereof the following: "The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 95, nays 4. 1904 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. SB 451. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers; to provide for definitions; to provide for the rights of patients; and for other purposes. The following amendments were read and adopted: The House Committee on Health and Ecology moves to amend S. B. No. 451 as fol lows: By adding on line 1 of page 27 after the following: "or 88-403.3" the following: "; provided, however, that the parents or guardian of a minor child must give written consent to such treatment." By striking from line 20 and 21 of page 27 the following: "Who is 12 years of age or older and" and substituting in lieu thereof the following: ", other than a minor child for whom admission has been sought by his parents or guardian," By striking lines 3 through 9 of page 53 in their entirety. By striking from line 10 of page 53 the following: "Section 5." and substituting in lieu thereof the following: "Section 4." Representative Swann of the 90th moves to amend S. B. 451 as follows: By striking from lines 29 through 32 of page 17 the following: "The State Department of Education shall provide for the education of all patients of school age who are hospitalized in any State-owned, operated, or designated facility.", and inserting in lieu thereof the following: "The State Department of Human Resources and the State Department of Education shall assure that education is provided for all patients of school age who are hospitalized in any State-owned, operated, or designated facility." Representative Phillips of the 91st moves to amend SB 451 by striking beginning on line 26, page 3, the following: "or who by reason of the repeated use of such drug is in imminent danger of becoming dependent upon such drug or drugs;". MONDAY, FEBRUARY 27, 1978 1905 The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 106, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 437. By: Senators Starr of the 44th, Doss of the 52nd, and Sutton of the 9th: A BILL to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the inactive status of the license of the Real Estate Commis sioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses; and for other purposes. The following amendment was read and adopted: Representative Mullinax of the 69th moves to amend Senate Bill 437 as follows: By inserting in the title after the word and semicolon "licenses;" on line 6 of page 1, the following: "to change the provisions relating to the licensing of associate brokers; to change the provisions relating to qualifications of associate brokers;". By renumbering Sections 3 through 9 as Sections 4 through 10, respectively. By adding a new Section 3, to read as follows: "Section 3. Said Code Chapter is further amended by adding at the end of subsec tion (b) of Code Section 84-1411, the following: 'Notwithstanding any other provisions of this subsection to the contrary, any person who has been a licensed salesman for at least eight years and who meets the require ments of subsection (a) above shall be issued an associate broker's license upon the recommendation of another licensed broker with whom such person shall be employed or with whom such person forms a partnership or corporation; and provided, further, that upon the dissolution of the employment, partnership or corporation relationship between the broker and associate broker, such associate broker's license shall become null and void.'" The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 115, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. 1906 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 398. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Georgia Peace Officer Standards and Training Act, approved March 10, 1970, so as to provide that the terms "peace officer" and "law enforcement unit" shall not include any personnel employed by the State or any agency thereof other than certain employees of the Department of Public Safety and the Georgia Bureau of Investigation; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 285. By: Senator Langford of the 51st: A BILL to create a new judicial circuit for the State of Georgia, to be known as the Gordon Judicial Circuit, to be composed of the County of Gordon; to provide for a judge of the superior court and a dis trict attorney for said circuit; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for one additional judge of the superior courts of the Cherokee Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to require each candidate for such judgeship to designate the place for which he is running; to provide for the manner of empaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of the coun ties which comprise the Cherokee Judicial Circuit to provide facilities, office space, sup plies, equipment, and personnel for said judges; to declare inherent authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of Georgia of 1976, one additional judge of the superior courts for the Cherokee Judicial Circuit of Georgia is hereby added, thereby increasing to two the number of judges of the superior courts for said circuit, effective upon the appointment of said additional judge by the Governor as provided by this Act. Section 2. Said additional judge shall be appointed by the Governor for a term of office beginning on the date of his appointment and continuing through December 31, 1978, and until his successor is elected and qualified; such judge shall take office on the date of his appointment by the Governor. His successor shall be elected in the manner provided by law for the election of judges of the superior courts of this State at the gen- MONDAY, FEBRUARY 27, 1978 1907 eral election in November, 1978, for a term of four years beginning on the first day of January, 1979, and until his successor shall have been elected and qualified. Future succes sors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of superior courts of this State. Section 3. Every person who offers for nomination and election as one of the judges of said superior courts for the Cherokee Judicial Circuit of Georgia shall designate with the State party authority in all State primaries and with the proper authority in all gen eral elections the specific place for which he offers by naming the incumbent judge whom he desires to succeed, and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 4. The additional judge of the superior courts for the Cherokee Judicial Cir cuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privi leges and immunities of the present judges of the superior courts of this State. Either of the judges of the Cherokee Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 5. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such cir cuit shall be the same as that of the other judges of the superior courts of the Cherokee Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cherokee Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 6. All writs and processes in the superior courts of the Cherokee Judicial Cir cuit shall be returnable to the terms of said superior court as they are now fixed and pro vided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide two judges coequal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7. The two judges of the superior courts of the Cherokee Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities, shall share, divide and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the deci sion of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The judge of the superior court of the Cherokee Judicial Circuit serving at the time this Act becomes effective shall be the first senior judge and shall continue as senior judge as long as he shall serve. Thereafter, the judge with the longest period of time of service shall be the senior judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any of said counties within said circuit, as provided by law, the chief judge shall appoint the judge of said court as provided by law. The two judges of the superior courts of the Cherokee Judicial Circuit shall have, and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and/or fixing the calendars and order of business in said courts. They may assign to one of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to the other judge, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they 1908 JOURNAL OF THE HOUSE, may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appoint ments as authorized by law where the judges thereof cannot agree or shall differ, the opin ion or order of the chief judge as hereinbefore defined shall control. Section 8. The drawing and empaneling of all jurors, whether grand, petit, or spe cial, may be by either of the judges of the superior courts of said circuit, and they, or either of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before either of said judges sepa rately, or before each of them at the same time. Section 9. The two judges of the Cherokee Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 10. All writs, processes, orders, subpoenas, and any other official paper issu ing out of the superior courts of the Cherokee Judicial Circuit may bear teste in the name of any judge of the Cherokee Judicial Circuit, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 11. Upon request of either judge of the circuit, the governing authorities of the counties comprising the Cherokee Judicial Circuit are hereby authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephone, furniture, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Section 12. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Con stitution and statutes of the State of Georgia. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 95, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 413. By: Senator Reynolds of the 48th: A BILL to amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968, so as to change the circumstances under which a case may be made based upon use of a speed detection device; and for other purposes. The following amendment was read: Representatives Veazey of the 146th, Long of the 142nd and Ramsey of the 3rd move to amend SB 413 by adding a new Section 3 to read as follows: MONDAY, FEBRUARY 27, 1978 1909 "No municipality with a population of less than 50,000 according to the last United States decennial census nor any county with a population of less than 100,000 according to the last United States decennial census shall be allowed, under any circumstances, to use speed detection devices on any United States interstate highway or any portion thereof located within the municipal or county limits of such city or county. All laws in conflict with this Section of this Act are hereby repealed." And by adding a new Section 4 to read as follows: "In the event any section or portion of this Act shall be declared invalid or uncon stitutional, such adjudication shall in no manner affect the other sections or portions of this Act.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Anderson, W. Argo, B. Auten, D. Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Beck, J.M. Beckham, B. Benefield, J. Y Birdsong, K. Bishop, S. N Bolster, P. Bray, C.A. N Buck, T.B. N Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. Carnes, C. Carrell, B. Cason, G. Castleberry, D. N Chance, G. N Childera, B.M. N Childs, P. N Clark, Betty Clark, L. N Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. N Connell, J. Cooper, B. Y Cox, W.E. N Crosby, T. Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. N Deveaui, C. Dixon, H.D. N Dover, Bill Edwards, W. Elliott, E.H. Evans, W.D. N Felton, D. Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob N Horne, F. N Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. N Irvin, R. Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. Johnson, P. N Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy N Lane, Dick Y Lane, W.J. N Lee, W.J. (Bill) Lenderman, M. Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. N Marcus, S.J. Y Matthews, D.R. McCotlum, H. McDonald, L. McKinney, J.E. N Milford, B. Y Money, J. Mostiler, J.L. N Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Nix, K. Noble, Bill N Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Ross, Ben B. N Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Scott, A. Scott, D. On the adoption of the amendment, the ayes were 32, nays 66. The amendment was lost. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Walker, L. N Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House was read and adopted: 1910 JOURNAL OF THE HOUSE, HR 797. By: Representative Oldham of the 14th: A RESOLUTION commending the Coosa High School Band; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1500. By: Representatives Colwell of the 4th, Carlisle of the 71st, and Lambert of the 112th: A BILL to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services so as to authorize the Commissioner of the Department of Administrative Services to establish and operate a State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provi sions of Pub. L. 152, 81st Congress, as amended; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, so as to authorize the Commissioner of the Department of Administrative Services to establish and operate a State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provisions of Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of federal law; to transfer personnel, property and records from the State Board of Education to the Department of Administrative Services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, is hereby amended by adding a new subsection I and a new subsection J at the end thereof to read as follows: "I. To establish and operate the State agency for surplus property for the purpose of distributing surplus properties made available by the federal government under the provisions of Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus prop erties pursuant to applicable provisions of federal law. The Commissioner may enter into or authorize the aforesaid State agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the State agency. The Commissioner is authorized to enter into contracts with other State, local or federal agencies or with other persons with respect to the construction, operation, maintenance, leasing or rental of a facility for use by the State agency. Further, the Commissioner may acquire real or personal property for such purposes. J. All personnel, personal property, including records, office equipment, supplies, con tracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property, under the control of the State Board of Education and used for the direct support and operation of the State agency for surplus property are hereby transferred to the Department of Administrative Services. Each State Officer or employee affected under this Act shall be entitled to all rights which he possessed as a State Officer or employee before the effective date of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under law or administra tive policy. This subsection is not intended to create any new rights for any State Offi cer or employee, but to continue only those rights in effect before the effective date of this Act." MONDAY, FEBRUARY 27, 1978 1911 Section 2. An Act known as the "Adequate Program for Education in Georgia", approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by striking Section 59 in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Colwell of the 4th moved that the House agree to the Senate substi tute to HB 1500. On the motion, the ayes were 91, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 824. By: Representatives Lambert of the 112th, and Mann of the 13th: A BILL to establish standards for the use of explosives in blasting operations; to provide for a short title ("Georgia Blasting Standards Act of 1977"); to define certain terms; to provide for the regulation of the use of explosives by the Safety Fire Commissioner; to require records of blasting operations; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 403. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as "The Georgia Public Assistance Act of 1965", approved March 30, 1965, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to provide for severability; to provide for an effective date; and for other purposes. The following amendment was read and adopted: Representative Deveaux of the 28th moves to amend SB 403 by adding after the word "intentionally" and before the word "aid" on lines 43 and 53, pages 1 and 2, the words "with knowledge of fraud,". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 118, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. The following report of the Committee on Rules was read and adopted: Mr. Speaker: HOUSE RULES SUPPLEMENTAL CALENDAR MONDAY, FEBRUARY 27, 1978 1912 JOURNAL OF THE HOUSE, Your Committee on Rules met and fixed this Supplemental Calendar for today's busi ness, Monday, February 27, 1978, and submits the following: HB 706 Landlord/Tenant; Building/Housing Codes HR 743-2017 Bd. of Trustees Emp. Ret. Sys.; State Employees/Social Security The Speaker shall have the right to call the above Bill and Resolution in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration: HB 706. By: Representatives Dean of the 29th, Childs of the 51st, Carnes of the 43rd, Randall of the 101st, Smyre of the 92nd, Brown of the 34th, Bishop of the 94th, Deveaux of the 28th, and others: A BILL to amend Code Section 61-102, relat ing to the creation of the landlord and tenant relationship, as amended, so as to prohibit the waiver, assignment, transfer or avoidance of provisions of certain building or housing codes; and for other purposes. The following Committee substitute was read and withdrawn by unanimous consent: A BILL To amend Code Section 61-102, relating to the creation of the landlord and tenant relationship, as amended, so as to prohibit the waiver, assignment, transfer or avoidance of provisions of certain housing codes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 61-102, relating to the creation of the landlord and tenant relationship, as amended, is hereby amended by adding immediately following subparagraph (7) of subsection (b) thereof a new subparagraph, to be designated subparagraph (8), to read as follows: "(8) Any applicable housing code.", so that when so amended said subsection (b) shall read as follows: "(b) A landlord or tenant may not waive, assign, transfer, or otherwise avoid in any contract, lease, license agreement, or similar agreement, oral or written, for the use or rental of real property as a dwelling-place any of the rights, duties, or remedies con tained in the following provisions of law, as now or hereafter amended: (1) Code Section 61-111, relating to duties of a landlord as to repairs and improve ments. (2) Code Section 61-112, relating to the liability of a landlord for failure to repair. (3) Ordinances adopted pursuant to Section 18 of the Urban Redevelopment Law (Ga. Laws 1955, p. 354). (4) Code Chapter 61-3, relating to proceedings against tenants holding over. (5) Code Chapter 61-4, relating to distress warrants. (6) Code Chapter 61-6, relating to security deposits. (7) Any applicable provision of the Georgia Civil Practice Act (Ga. Laws 1966, p. 609) not superseded by this Code Title. (8) Any applicable housing code." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. MONDAY, FEBRUARY 27, 1978 1913 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following substitute, offered by Representative Dean of the 29th, was read: A BILL To amend Code Section 61-302, relating to the service of the summons on a defendant in a dispossessory proceeding, as amended, so as to change the method of service of sum mons on the defendant; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 61-302, relating to the service of the summons on a defen dant in a dispossessory proceeding, as amended, is hereby amended by striking subsection (a) in its entirety, which reads as follows: "(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be given by delivering said summons and affidavit to any person sui juris residing on the premises or, if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on Jhe door of the premises.", and substituting in lieu thereof the following: "(a) When the affidavit provided for in Section 61-301 shall be made, the judge of the superior court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affidavit, shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering said summons and affidavit to any person sui juris residing on the premises or, after reasonable effort if no such person is found residing on the premises, by tacking a copy of said summons and affidavit on the door of the premises and on the same day of such tacking, enclosing, directing, stamping and mail ing by first class mail a copy of said summons and affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in said case." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Lee of the 72nd moves to amend the floor substitute to HB 706 by adding the following language on line 26, page 1, after the word "court": "or such other court with jurisdiction over the subject matter, including the judge of any State court where the action arises.". The floor substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 0. 1914 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time: HR 743-2017. By: Representative Lane of the 81st: A RESOLUTION authorizing and directing the Board of Trustees of the Employees' Retirement System of Georgia to file a notice with the Secretary of Health, Education and Welfare to withdraw State employees from the Social Security Act; and for other pur poses. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 127, nays 6. The Resolution, having received the requisite constitutional majority, was adopted. By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on State Planning and Community Affairs: HB 2002. By: Representative Murphy of the 18th: A BILL to provide for the superior courts in the counties comprising the Tallapoosa Judicial Circuit; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time: SR 257. By: Senators McGill of the 24th, English of the 21st, Walker of the 19th, and others: A RESOLUTION changing the scheduled termination date of the State Board of Registration for Professional Soil Classifiers; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childera, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y ConneU, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Horne, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BiU) Lenderman, M. Y Linder, J. MONDAY, FEBRUARY 27, 1978 1915 Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 134, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. SR 316. By: Senator Brown of the 47th: A RESOLUTION authorizing and empowering the State Properties Commission to act for and on behalf of and in the name of the State of Georgia with respect to the grant of an easement in and to, and with respect to certain acts and transactions involving, certain State-owned real property facing Peachtree Street, International Boulevard (formerly known as Cain Street) and Spring Street in the City of Atlanta, Fulton County, Georgia; providing an effective date; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Coiling, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 1916 JOURNAL OF THE HOUSE, On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 98. By: Senators Reynolds of the 48th and Barnes of the 33rd: A BILL to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, so as to change the definition of the term "peace officer"; to provide an effective date; and for other purposes. The following amendment was read and adopted: Representative Murphy of the 18th moves to amend Senate Bill 98 as follows: (1) By striking lines 4, 5, 6, 7 and 8 on page 3 and inserting in lieu thereof the fol lowing: "Such term shall also include any person employed by the Department of Transporta tion who is designated by the Commissioner of Transportation as an enforcement officer pursuant to Section 95A-962 of the Georgia Code of Public Transportation; provided, however, such enforcement officers shall be entitled to creditable service toward retire ment only for membership service rendered after the effective date of this amendment." (2) By striking lines 20, 21, 22, 23 and 24 on page 4 and inserting in lieu thereof the following: "tobacco tax laws. Such term shall also include any person employed by the Depart ment of Transportation who is designated by the Commissioner of Transportation as an enforcement officer pursuant to Section 95A-962 of the Georgia Code of Public Trans portation; provided, however, such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after the effective date of this amendment. The word". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Guilders, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J. (Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. MONDAY, FEBRUARY 27, 1978 1917 Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 152, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 36. By: Senator Thompson of the 32nd: A BILL to provide for indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is killed in the line of duty subsequent to January 1, 1973; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for indemnification with respect to the death of certain law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973; to provide for purpose; to define certain terms; to create the Georgia State Indemnification Commission; to provide procedures and methods for awarding indemnification; to provide for rules and regulations; to provide limitations on indemnification; to provide for recovery from offenders; to provide for reports; to provide for certain penalties and liability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The purpose of this Act is to implement the constitutional amendment ratified November 4, 1976, authorizing the General Assembly to provide by law for the indemnification with respect to the death of law enforcement officers, firemen or prison guards who are killed or have been killed in the line of duty subsequent to January 1, 1973. Section 2. As used in this Act, the following terms shall have the following defini tions unless their use in context clearly requires otherwise: (a) "Commission" shall mean the Georgia State Indemnification Commission. (b) "Law enforcement officer" shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof who is required by the terms of his employment, whether by election or appointment, to give his full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs and deputy sheriffs. (c) "Fireman" shall mean any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county or State gov ernment fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing municipal, county and State fire prevention codes, as well as enforcing any law pertaining to the pre vention and control of fires. It shall also include any individual serving as an officially recognized or designated member of a legally organized volunteer fire department. (d) "Prison guard" shall mean any person employed by the State of Georgia or any political subdivision thereof whose principal duties relate to the supervision and incarcer ation of persons accused or convicted of the violation of the criminal laws of this State or any political subdivision thereof. 1918 JOURNAL OF THE HOUSE, Section 3. There is hereby established a program to provide for indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973. Such program shall be administered by the Georgia State Indemnification Commission. Section 4. There is hereby created the Georgia State Indemnification Commission which shall be composed of the Governor, the Secretary of State, the Comptroller General, the Commissioner of Public Safety, the Commissioner of Offender Rehabilitation, the President of the Peace Officers Association of Georgia and the President of the Georgia Fireman's Association. The Governor shall be the chairman of the Commission and the Commission shall be assigned to the Department of Administrative Services for adminis trative purposes. Section 5. (a) The indemnification shall be paid by the Commission as hereinafter provided when a law enforcement officer, fireman or prison guard, while engaged in the performance of his duties, is killed or has been killed or receives or has received bodily injury which results or has resulted in death within 12 months thereafter, if such killing does not or did not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement offi cers, firemen or prison guards, and if such killing is not or was not the result of suicide and if such bodily injury is not or was not intentionally self-inflicted. (b) (1) After the effective date of this Act, every law enforcement officer, fireman and prison guard shall designate his beneficiary and method of payment for the pur pose of indemnification under the provisions of this Act. The designation shall be made to the Commission in writing and on forms furnished by the Commission. The beneficiary and method of payment may be changed in the same manner, provided that a change in beneficiary or method of payment shall not be effective until received by the Commission. If a beneficiary is not designated, payment shall be made to the estate; and if the method of payment is not designated, payment shall be made in lump sum. (2) Each law enforcement officer, fireman or prison guard shall be authorized to designate one of the following methods of payment: (A) the payment of a total sum of $50,000.00 in equal monthly installments over a period of five years; or (B) payment in lump sum; provided, however, that if the lump sum method of payment is chosen, the amount to be paid shall be equal to the total sum of $50,000.00 reduced to its present value upon the basis of interest calculated at the rate of six percent per annum. (3) With respect to law enforcement officers, firemen or prison guards who have been killed prior to the effective date of this Act and who are entitled to indemnifica tion under the provisions of this Act, payment shall be made in lump sum to the estate. (c) After determining that a law enforcement officer, fireman or prison guard has been killed in the line of duty and that his beneficiary is entitled to indemnification under the provisions of this Act, the Commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the Director, Fiscal Division, Department of Administrative Services, who is hereby authorized to make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out the provisions of this Act. Section 6. The Commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for special masters, hearings, procedures for applications for indemnification and all other matters so as to enable the Commission to carry out its duties fairly, properly and equitably. The chairman of the Commission shall be authorized to contact other State agencies for the purpose of using the personnel and resources of such agencies to assist the Commission in carrying out its duties. MONDAY, FEBRUARY 27, 1978 1919 Section 7. Any designated beneficiary or any other person who is eligible or believes he is eligible for indemnification under such program may make application for indemni fication to the Commission. In any case in which the person entitled to make application is a minor, the application may be made on his behalf by his parent or guardian. In any case in which the person entitled to make application is mentally incompetent, the appli cation may be made on his behalf by his parent, guardian or other individual authorized to administer his estate. An application for indemnification relative to any law enforce ment officer, fireman or prison guard killed in the line of duty subsequent to January 1, 1973, and prior to the date on which this Act becomes effective must be made within 12 months from the date this Act becomes effective. An application for indemnification rela tive to any law enforcement officer, fireman or prison guard killed in the line of duty on or after the effective date of this Act must be made within 12 months from the death of such law enforcement officer, fireman or prison guard. Section 8. No indemnification shall be awarded to any person otherwise entitled thereto who violated or violates a penal law of this State, which violation caused or con tributed to the death of the officer. Section 9. Whenever an order for the payment of indemnification is or has been made under this Act, the State of Georgia, upon payment of the amount of the order, shall be subrogated to the cause of action of the applicant against the person or persons respon sible for such death; and the Attorney General shall be authorized to bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the State, after deducting the expenses incurred, shall pay the balance to the applicant. Section 10. The Commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details. Section 11. (a) Any person who shall knowingly give false information or false testi mony causing, or intended to cause, the payment of indemnification which would not otherwise be justified under the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. (b) Any such person convicted under subsection (a) above shall be liable to the State for any funds paid as a result of such false information or testimony. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. 1920 JOURNAL OF THE HOUSE, Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y PhUlipa, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 553. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act providing for sick leave of teachers in the public schools of this State, approved December 10, 1953, so as to provide clarification of the process to transfer accumulated sick and personal leave of a teacher changing employment from one local board of education to another local board of education in Georgia; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auttn, D. Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y COT, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dbton, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. MONDAY, FEBRUARY 27, 1978 Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. 1921 Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 486. By: Senators Stumbaugh of the 55th, Broun of the 46th, Holloway of the 12th, and others: A BILL to amend Code Chapter 88-12, relating to control of pre ventable diseases, so as to provide for the responsibilities of the Department of Human Resources relating to the prevention of mental retardation resulting from inherited metabolic disorders; to provide for the development of a State wide network of medical genetics; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 1922 JOURNAL OF THE HOUSE, HB 1587. By: Representative McDonald of the 12th: A BILL to amend an Act entitled "The Uniform Act Regulating Traffic on Highways" so as to change the exhaust system requirements for school buses; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, partic ularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586), and by an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), so as to change the equipment require ments for buses used for the transportation of school children; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, partic ularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586), and by an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), is hereby amended by striking subsec tion (g)(l) of Section 89 in its entirety and substituting in lieu thereof a new subsection (g)(l), to read as follows: "(1) There shall be an emergency door located either at the rear of the body or at the side of the body opposite from the side on which the students normally board, so as to provide an emergency exit. Said door shall be operative from both the interior and exterior of said bus at all times." Section 2. Said Act is further amended by striking subsection (g)(6) of Section 89 in its entirety and substituting in lieu thereof a new subsection (g)(6), to read as follows: "(6) The exhaust system of said buses shall carry exhaust gases from the engine to a discharge point into the atmosphere which shall be beyond the rear wheel and extend to a point where exhaust gases can be safely discharged or beyond the back bumper of the bus. This system shall be maintained free of leaks." 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 hereby repealed. Representative McDonald of the 12th moved that the House agree to the Senate sub stitute to HB 1587. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jeasup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. MONDAY, FEBRUARY 27, 1978 1923 Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 143, nays 0. The motion prevailed. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 272-984. By: Representative Sizemore of the 136th: A RESOLUTION authorizing the conveyance of certain State-owned real property located within Turner County to Mr. Grady M. Sconyers and Mr. Cortez H. Sconyers; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 272-984 by striking on page 1, line 3, after the word "and", the word "Mr.", and inserting in lieu thereof the word, "Mrs."; and By striking on page 2, line 4, after the word "and", the word "Mr.", and inserting in lieu thereof the word, "Mrs."; and By striking on page 2, line 13, after the word "and", the word "Mr.", and inserting in lieu thereof the word, "Mrs.". Representative Sizemore of the 136th moved that the House agree to the Senate amendment to HR 272-984. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. 1924 JOURNAL OF THE HOUSE, Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 150, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. Representative Karrh of the 106th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1335 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Karrh of the 106th, Ross of the 76th, and Jones of the 78th. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 867. By: Representatives Ham of the 80th, Murphy of the 18th, Thompson of the 93rd, Walker of the 115th, and Snow of the 1st: A BILL to amend an Act comprehensively revising appellate and other posttrial procedures, as amended, so as to provide the circumstances and the procedures for the granting of bail in criminal cases; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Johnson of the 34th, Greene of the 26th, and Banks of the 17th. MONDAY, FEBRUARY 27, 1978 1925 The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 824. By: Representatives Lambert of the 112th, and Mann of the 13th: A BILL to establish standards for the use of explosives in blasting operations; to provide for a short title ("Georgia Blasting Standards Act of 1977"); to define certain terms; to provide for the regulation of the use of explosives by the Safety Fire Commissioner; to require records of blasting operations; and for other purposes. The following Senate substitute was read: A BILL To establish standards for the use of explosives in blasting operations; to provide for a short title; to define certain terms; to provide for the regulation of the use of explosives by the Safety Fire Commissioner; to require records of blasting operations; to authorize emergency variations from requirements; to not prohibit the use of explosives by counties and municipalities; to provide for other matters relative to the foregoing; to provide for penalties; to provide for time limitations on obtaining registration certificates and identifi cation cards; to provide for revocation of blaster's registration certificates; to provide for enforcement; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as the "Georgia Blasting Standards Act of 1978". Section 2. Definitions. As used in this Act unless the context otherwise requires: (a) "Explosives" means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion, or that contains oxidizing and combustible units or other ingredients in such proportions or quantities that ignition by fire, by friction, by concussion, by percussion or by detonator may produce an explosion capable of causing injury to persons or damage to property. (b) "Blasting operation" means the use of explosives in the blasting of stone, rock, ore or any other natural formation, or in any construction or demolition work but shall not include its use in agricultural operations and private and personal use in remote areas for such operations as ditching, land clearing, destruction of beaver dams and other such operations when not in the close proximity of adjacent property. The provisions of this Act, in any event, shall not apply to any blasting operation where the charge weight is 200 pounds or less. (c) "Blaster" means a person qualified by reason of training, knowledge or experi ence to fire or detonate explosives in blasting operations and has in his possession a valid blaster's license issued by the Commissioner. (d) "Person" means any individual, public or private corporation, political subdivi sion, government agency, municipality, industry, copartnership, association, firm, trust, estate, or other entity whatsoever. (e) "Delay initiation" means the detonation of subcharge of explosives in predeter mined sequence, which is accomplished by using regular or short period delay electric blasting caps or other means of equivalent effectiveness. (f) "Delay period" means the time interval in milliseconds (eight [8] milliseconds or greater) between successive detonations of subcharges produced by the delay devices used. (g) "Distance" means the actual distance in feet along ground contour to the nearest house, public building, school, church, commercial or institutional building normally occu pied. (h) "Charge weight" means the total weight in pounds of an explosive charge. (i) "Charge weight per delay" means the weight in pounds of an explosive charge that is detonated per delay period for delay intervals of eight (8) milliseconds or greater, 1926 JOURNAL OF THE HOUSE, or the total weight of explosives in pounds that is detonated within an interval less than eight (8) milliseconds. (j) "Scaled distance" (Ds) shall mean the actual distance (D) in feet divided by the square root of the maximum charge weight (W) in pounds that is detonated per delay period. This means: Ds = D Scaled Distance = Actual Distance V charge weight per delay interval (k) "Particle velocity" means the velocity with which an earth particle moves when vibrating or oscillating in any manner from its position of rest or elastic equilibrium. (1) "Commissioner" means the Georgia Safety Fire Commissioner. Section 3. Requirements Governing the Use of Explosives in Blasting, (a) The use of explosives for the purpose of blasting in the neighborhood of any public highway, rail road, airport, dwelling house, public building, school, church, commercial or institutional building, or pipeline shall be done in accordance with the provisions of this Act and the rules and regulations promulgated by the Commissioner. (b) In all blasting operations except as hereinafter otherwise provided, the maximum particle velocity of any component of ground motion recorded on a three (3) component seismograph (where the components - transverse, vertical and longitudinal - are arranged mutually perpendicular) shall not exceed two (2) inches per second at the location of any dwelling house, public building, school, church, commercial or institutional building nor mally occupied. (c) Blasting operations without instrumentation will be considered as being within the limits set forth in this Section if such blasting operations are conducted in accordance with the provisions of subsection (d) of Section 3. (d) Any blasting operation may be conducted without reference to any maximum amount or period provided by this Section if the person in charge of such blasting oper ation demonstrates by instrumentation that maximum particle velocity of any component of the ground motion does not exceed the limits provided in subsection (b) of Section 3. (e) Instrumentation for determining particle velocity of ground motion as set forth in this Act shall be limited to devices that conform with design criteria for portable seismographs as found in the U.S. Bureau of Mines, RI-6487, and U.S. Bureau of Mines Bulletin 656. The instrument should have calibration traceable to the U.S. Bureau of Stan dards. The Commissioner or his duly authorized agent may enter upon premises for the purpose of observing any necessary instrumentation provided by this Act. (f) When blasting operations, other than those conducted at a fixed site as a part of any industry or business operated at such site, are to be conducted within close prox imity to a known pipeline, the blaster or person in charge of the blasting operations shall take reasonable precautionary measures for the protection of the line and shall notify the owner of the line or his agent that such blastings are intended. (g) Blasting operations shall not be conducted within close proximity of any public highway unless reasonable precautionary measures are taken to safeguard the public. (h) When blasting operations are conducted at the immediate location of any dwell ing house, public building, school, church, commercial or institutional building which would result in ground vibrations having a particle velocity exceeding the limits provided by this Act, such blasting operations may proceed after receiving written consent from the property owner or owners affected. Section 4. Blasting Standards, (a) In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of any component of ground motion recorded on a three (3) component seismograph (where the components - trans verse, vertical and longitudinal - are arranged mutually perpendicular) shall not exceed MONDAY, FEBRUARY 27, 1978 1927 two (2) inches per second at the location of any dwelling house, public building, school, church, commercial or institutional building normally occupied. (b) For blast to structure distance greater than three hundred (300) feet, the stan dard table for maximum charge per delay shall be generated by the formula: W _~(\vJ>L Where W is the weight of explosive in pounds and D is the distance in feet to the nearest dwelling house, public building, school, church, commercial or institutional building nor mally occupied. (c) The following table may be used for determining weight of explosives to be used with a single delay period: STANDARD TABLE OF DISTANCE Distance in feet Weight in pounds Distance in feet Weight in pounds 0-10 11-15 16-20 21-25 26-30 40 50 60 70 80 90 100 110 130 150 170 190 210 230 250 270 290 300 1/8 1/4 1/2 3/4 1.00 2.25 3.50 4.75 6.00 7.25 8.50 9.75 11.0 13.5 16.0 18.5 21.0 23.5 26.0 28.5 31.0 33.5 34.75 350 49 400 64 500 100 600 144 700 196 800 256 900 324 1000 400 1100 484 1200 576 1300 676 1400 784 1500 900 1600 1024 1700 1156 1800 1296 1900 1444 2000 1600 2500 2500 3000 3600 3500 4900 4000 6400 4500 8100 (d) For nontabulated distances of over three hundred (300) feet, the following for mula shall be used: Weight = V 50 J Section 5. Seismograph Measurements, (a) Seismograph measurements may be used to increase the charge weight per delay period, provided that the velocity limit of two (2) inches per second of any of the three (3) mutually perpendicular components of ground motion is not exceeded. (b) Seismograph measurements must be used in each individual blasting operation in which the Standard Table of Distance is not being complied with. Notwithstanding the foregoing, a modified table for blasting operations may be established for use at a partic ular site provided that the velocity limit of two (2) inches per second of any of the three (3) mutually perpendicular components of ground motion is not exceeded. Blasting oper ations without instrumentation will be considered as being within the limits set forth in 1928 JOURNAL OF THE HOUSE, this subsection if at a specified location on at least five (5) blasts instrumentation has shown that the maximum peak particle velocity of any of the three (3) mutually perpen dicular components of ground motion at the specified location is fifty percent (50%) or less than the limit set forth in this subsection; provided that on all future blasts, the scaled distance is equal to or greater than the scaled distance for the instrumented blast. (c) In estimating the maximum peak particle velocity at a particular position, the following formula shall be used: v = ----- - L5 Where V0 is the maximum ground particle velocity at the seismograph, D0 is the distance of seismograph from the blasting, and D is the distance from the blasting to the position in question and in the same general direction. The distance D0 may not be greater than D, and D cannot be more than five (5) times D0. This determined velocity at the site of any dwelling house, public building, school, church, commercial or institutional building normally occupied shall not exceed the two (2) inches per second limit. Section 6. Registration of Explosives Users, (a) Every person engaged in any use of explosives regulated by this Act shall apply for and obtain a registration certificate from the Commissioner. Employees of such persons are not required to register separately; pro vided, however, that no such employee may be permitted to engage in any activity covered by this Act unless he possesses a valid identification card issued by the Commissioner. Applicants for identification cards must be eighteen (18) years or over, of sound moral character and possess the competence necessary to fulfill the responsibilities of handling and using explosives. Identification cards for employees are obtainable only by application of their employer. (b) The fee for a registration certificate shall be fifteen dollars ($15.00); the fee for each identification card shall be five dollars ($5.00). These fees shall be payable annually, shall not be prorated for portions of a year, and all registration certificates and identifi cation cards shall expire on December 31st of each year. Section 7. Revocation of Blaster's Registration Certificate. A blaster's registration certificate may be refused, or a blaster's registration certificate duly issued may be sus pended or revoked or the renewal thereof refused by the Commissioner if he finds that the applicant for, or the holder of such certificate or identification card: (1) has violated any provision of this Act or of any other law of this State, or regu lation duly promulgated by the Safety Fire Commissioner; or (2) has intentionally misrepresented or concealed any material fact in the applica tion for such certificate or identification card or any document filed in support thereof; or (3) has permitted any person in his employ, either by direct instruction or by reasonable implication to violate any provision of this Act; or (4) has been convicted by final judgment in any State or Federal Court of a felony; or (5) has failed to comply with, or has violated any proper order, rule or regulation issued by the Commissioner; or (6) has otherwise shown lack of trustworthiness or lack of competence to act as a blaster. Section 8. Records, (a) A record of each blast shall be kept. All records, including seismograph reports, shall be retained at least three (3) years and shall be available for inspection and shall contain the following minimum data: MONDAY, FEBRUARY 27, 1978 1929 (1) name of company or contractor; (2) location, date and time of blast; (3) name, signature and license number of blaster in charge; (4) type of material blasted; (5) number of holes, burden and spacing; (6) diameter and depth of holes; (7) types of explosives used (trade name); (8) total weight of explosives used; (9) maximum weight of explosives and maximum number of holes per delay inter val of eight (8) milliseconds or greater; (10) method of firing; (11) direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building normally occupied, neither owned nor leased by the person conducting the blasting; (12) weather conditions; (13) type and height or length of stemming; (14) type of delay blasting caps used and delay periods used (trade name); (15) if mats or other forms of protection were used. (b) the person taking the seismograph reading shall accurately indicate: (1) the location of each seismograph used and its distance from the blast; (2) the name of person and firm, if any, analyzing the seismograph record; (3) the name of person operating seismograph; (4) the exact location of blast relative to grid, station number or permanent loca tion. (c) It shall be unlawful for any person to make false entry in any record required to be kept pursuant to this Section. Section 9. Promulgation of Rules and Regulations. The Commissioner may promul gate such rules and regulations, neither inconsistent nor contradictory with this Act, which he deems necessary to effectuate the provisions of the Act. The Commissioner may also prescribe forms required for the administration of the Act. Section 10. Emergency Variations. The Commissioner may approve variations from the requirements of this Act where he finds that an emergency exists and that the pro posed variations from the specific requirements (a) are necessary, (b) will not hinder the effective administration of the Act, and (c) will not be contrary to the provisions of any other applicable law, either State or Federal. Section 11. Enforcement, (a) Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act, practice or transaction, which is prohibited by this Act or by any rule, regulation or order of the Commissioner promulgated or issued pursuant to this Act, or which is declared to be unlawful under this Act, the Commissioner may, at his dis cretion, issue an order, if he deems it to be appropriate in the public interest or for the protection of the citizens of this State, prohibiting such person from continuing such act, practice or transaction. (b) Other powers granted to the Commissioner for the enforcement of this Act, include, but are not limited to: (1) Commissioner may institute suits or other legal proceedings in any superior court of proper venue, and the superior court may, among other appropriate relief, issue injunctions restraining persons and those acting in active concert with them from engaging in acts prohibited by the Commissioner in the enforcement of this Act; (2) in addition to any other penalties herein provided, the Commissioner shall have authority to place a licensee on probation for a period of time not to exceed one year or a monetary fine of up to one thousand dollars ($1,000.00), or both, for each and every violation of this Act or of the rules and regulations or orders of the Com missioner promulgated thereto; 1930 JOURNAL OF THE HOUSE, (3) all testimony, documents and other evidence required to be submitted to the Commissioner pursuant to this Act shall be privileged; and (4) Commissioner or his designee shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath. Section 12. Penalties. Any person who shall violate any of the provisions of this Act, or any rule or regulation promulgated by the Commissioner pursuant to the provisions of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00). Section 13. Time Limitations on Obtaining Registration Certificates and Identifi cation Cards. Any person engaged in any use of explosives regulated by this Act on its effective date shall have sixty (60) days after that date to obtain a registration certificate and any identification cards required for his employees. Section 14. Effective Date. This Act shall become effective on November 1, 1978. Section 15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Lambert of the 112th moved that the House agree to the Senate sub stitute to HB 824. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davia, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y DUon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 146, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinar, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y N, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 611. By: Representative Vaughn of the 57th: A BILL to amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for defini- MONDAY, FEBRUARY 27, 1978 1931 tions; to provide for administration by the Secretary of State; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 40, relating to the executive department, as amended, so as to provide for the disposition of State-owned surplus books and other printed material; to provide for definitions; to provide for administration by the Secretary of State; to provide for procedures, requirements and other matters relative to the foregoing; to provide excep tions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 40, relating to the executive department, as amended, is hereby amended by inserting between Code Chapter 40-6, relating to the general powers and duties of the Secretary of State, and Code Chapter 40-7, relating to the great seal of the State and its custody, a new Code Chapter 40-6A to read as follows: "Chapter 40-6A Disposition of Surplus Books 40-601A. Definitions. As used in this Chapter, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) 'Surplus printed material' means books or other printed papers owned by the State or a State agency and in the possession of a State agency which are no longer needed by that agency, which are declared surplus by such agency, and which need not be maintained by the agency as a part of its records. (b) 'State agency' means any department, board, bureau, commission, committee, council, court or other agency, by whatever name designated, of the executive, legislative or judicial branch of the State government. (c) 'Agency head' means the official or body authorized to establish policy on behalf of a State agency. (d) 'Nonprofit organization' means a bona fide nonprofit civic, educational or chari table organization. 40-602A. Administrator. The Secretary of State shall be the administrator of the provisions of this Chapter, and said official is hereby authorized and directed to promul gate such rules and regulations, which may include forms, as may be necessary to carry out the provisions of this Chapter. Such rules and regulations shall be adopted and promulgated in accordance with the provisions of the Act known as the 'Georgia Admin istrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. 40-603A. Declaration of Surplus Printed Material. The agency head of each State agency is hereby authorized to declare printed material in the possession of such State agency as surplus printed material. At the time printed material is declared to be sur plus printed material, the agency head shall make or cause to be made a complete inventory of the surplus printed material. The inventory shall describe the surplus printed material in sufficient detail, if practicable, to allow the Secretary of State to make the determination provided for in Code Section 40-604A. The inventory shall con tain a statement of the declaration of the printed material as surplus printed material, and such declaration shall be signed by the agency head, and the date signed shall be indicated thereon. As a part thereof or as an attachment thereto, the inventory shall show the physical location of the surplus printed material. Upon its completion, the agency head shall transmit the original of the inventory to the Secretary of State. A duplicate original copy shall be retained in the files of the State agency as a part of the records of such agency. 40-604A. Determination of Archival Value, (a) When the Secretary of State receives an inventory of surplus printed material as provided for by Code Section 603A, he shall make a determination of whether or not any of such surplus printed material has archi val value within the meaning of Code Chapter 40-8, relating to the Department of 1932 JOURNAL OF THE HOUSE, Archives and History, as amended. The Secretary of State shall be authorized to use such personnel of the Department of Archives and History as may be necessary to make the determination provided for herein. If the determination cannot be made on the basis of the description of the surplus printed material included in the inventory of such material, the Secretary of State, or his designee, shall visit the State agency which sub mitted the inventory for the purpose of examining the surplus printed material listed on such inventory, and the determination required herein may be made on the basis of such examination. (b) If any surplus printed material is determined to have archival value as provided by subsection (a) hereof, the Secretary of State is hereby authorized to direct the State agency which submitted the inventory to release such printed material to the Depart ment of Archives and History. The Secretary of State shall make or cause to be made a notation on the inventory for each item of surplus printed material released to the Department of Archives and History, and a copy of such inventory, signed by the Secre tary of State or his designee, containing the notations thereon shall be transmitted to the originating State agency. The State agency submitting the inventory shall be author ized to deliver surplus printed material having archival value to the Department of Archives and History if the State agency has transportation available for such purpose. If the State agency does not have transportation available for such purpose, the Depart ment of Archives and History shall provide for the transportation of surplus printed material having archival value. 40-605A. Donation of Printed Material, (a) The return to the State agency of the copy of the inventory signed by the Secretary of State or his designee containing the nota tions thereon of the surplus printed material having archival value, as provided by Code Section 40-604A, shall serve as the authorization for the State agency to donate to any nonprofit organization the surplus printed material which does not have archival value. (b) Each State agency donating such surplus printed material to nonprofit organiza tions is hereby authorized to adopt rules and regulations governing such donations, but such rules and regulations shall be consistent with the provisions of this Act and with rules and regulations adopted by the Secretary of State pursuant to Code Section 40-602A. 40-606A. Scope of Chapter Limited. The provisions of this Chapter shall not be con strued to apply to surplus books or printed material owned by the University System of Georgia, any county or independent school system, any city, county or regional library or to any other printed material owned by any political subdivision of this State." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Vaughn of the 57th moved that the House agree to the Senate substi tute to HB 611. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adama, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefleld, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Coffins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gigniffiat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johmton, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Y Lenderman, M. Y Linder, J. MONDAY, FEBRUARY 27, 1978 1933 Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoIlum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Petere, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 148, nays 0. The motion prevailed. HB 1812. By: Representative Money of the 5th: A BILL to provide for the compensation of members of the Board of Education of Chattooga County and the travel expenses thereof; and for other purposes. The following Senate substitute was read: A BILL To provide for the compensation of members of the Board of Education of Chattooga County and the travel expenses thereof; to provide for procedures relating to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Notwithstanding the provisions of any other law to the contrary, members of the Board of Education of Chattooga County shall receive a per diem of $35 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be sub mitted for approval to the Superintendent of Schools of Chattooga County. The compensa tion of such members shall be paid only from the local tax funds available to the Board of Education of Chattooga County for educational purposes. Section 2. It shall be the duty of the election superintendent of Chattooga County to issue the call for an election for the purpose of submitting this Act to the electors of the Chattooga County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1978. He shall issue the call for such election at least 30 days prior to the date thereof. The superinten dent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chattooga County. The ballot shall have written or printed thereon the words: ; '( ) YES Shall the Act increasing the compensation and travel expenses for mem bers of the Board of Education of Chattooga County be approved?" ( ) NO All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 3 of this Act, otherwise it shall be void and of no force and effect. 1934 JOURNAL OF THE HOUSE, The expense of such election shall be borne by Chattooga County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The provisions of this Act shall become effective for the purpose of hold ing the referendum election upon its approval by the Governor or upon its becoming law without his approval. The provisions of this Act relating to the change in compensation and travel expenses for members of the Board of Education of Chattooga County shall become effective on January 1, 1979, only if this Act is approved at the referendum elec tion provided in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Money of the 5th moved that the House agree to the Senate substitute to HB 1812. On the motion, the ayes were 120, nays 0. The motion prevailed. Representative Matthews of the 145th District, Chairman of the Committee on Agri culture & Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 619 Do Pass Respectfully submitted, Matthews of the 145th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 616 Do Pass SB 326 Do Pass HB 1573 Do Not Pass SB 591 Do Pass, as Amended SB 410 Do Pass SR 333 Do Pass SB 526 Do Pass Respectfully submitted, Hatcher of the 131st Secretary Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: MONDAY, FEBRUARY 27, 1978 1935 Your Committee on Rules has had under consideration the following Bill and Resolu tion of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 770 Do Pass SB 458 Do Pass, as Amended Respectfully submitted, Lee of the 72nd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 2002 Do Pass HB 1766 Do Pass HB 1922 Do Pass, as Amended Respectfully submitted, Adams of the 36th Chairman During this day's proceedings the Speaker and Speaker Pro Tern alternated as presid ing officer, which would have precluded Representative Connell from voting while he was in the chair. Representative Vaughn of the 57th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 1936 JOURNAL OP THE HOUSE, Representative Hall, Atlanta, Georgia Tuesday, February 28, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Harold Withers, Pastor, First Baptist Church, Powder Springs, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. The following communication was received: Secretary of State State Capitol Atlanta February 27, 1978 Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Jack: I am transmitting to you herewith a certified list of those persons registered in the Docket of Legislative Appearance as of this date, in accordance with Act No. 1294 (H.B. 1210), Georgia Laws, 1970. With best wishes, I am Sincerely your friend Enclosure /s/Ben W. Fortson, Jr. Secretary of State TUESDAY, FEBRUARY 28, 1978 1937 State of Georgia Office of Secretary of State I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the three pages of photographed matter hereto attached contain the names and addresses of those persons (numbered 382-410), along with the names of the respective persons, firms, corporations, or associations they represent, who registered in the Docket of Legis lative Appearance for the 1978 Session of the Georgia General Assembly as of 4:30 p.m. Friday, February 24, 1978, in accordance with Act No. 1294, Georgia Laws 1970, as the same appears of file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 27th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-eight and of the Independence of the United States of America the Two Hundred and Second. /s/Ben W. Fortson, Jr. Secretary of State. (SEAL) 382. W. H. Roberts Ga. Association of Petroleum Retailers 1474 Gloria Street Griffin, Georgia 30223 383. Thomas H. Backus Atlanta Labor Council Route 1 Buchanan, Georgia 30113 384. Mrs. Paul A. Dangar, Jr. Stop ERA 1629 Club View Court Kennesaw, Georgia 30144 385. Jared Blum Direct Selling Association 1730 M Street, N.W. Washington, D. C. 20036 386. Stuart Byer Direct Seeling Association 1730 M Street, N.W. Washington, D. C. 20036 387. Thom Kolesa Turner County Chamber of Commerce P. 0. Box 24 Ashburn, Georgia 31714 388. H. Paul Womack, Jr. Trailways 1884 Mercedes Court, N.E. Atlanta, Georgia 30345 389. Fred H. Loveday Ga. Association of Independent Schools, Inc. 3209 Isoline Way, S.E. Smyrna, Georgia 30080 390. Julia T. Dyar Georgia Press Association 1075 Spring Street, N.W. Atlanta, Georgia 30309 391. L. C. Moore Registered Agent Ga. Retail Association Sears Roebuck & Company 675 Ponce de Leon Avenue Atlanta, Georgia 30395 392. James H. Hudson Eli Lilly and Co. 310 Riverhill Drive, N.W. Atlanta, Georgia 30328 393. Zaimah Abdur-Rahim Women on the Move, Inc. 323 Lakeview Place College Park, Georgia 30337 394. David F. Powell International Association of Machinists & Aerospace Workers 2917 Battle Forrest Drive Decatur, Georgia 30034 395. Waldo Spence Atlanta Gas Light Co. 2520 Shallowford Road, N.E. Apartment 75 Atlanta, Georgia 30345 1938 JOURNAL OF THE HOUSE, 396. Louise D. Myar Ga. Assn. of Broadcasters 230 Peachtree Street Suite 2150 Atlanta, Georgia 30303 397. Howard James Mountain Services Post Office Box 483 Gainesville, Georgia 30501 398. Charles F. Ector Unified Services 1848 Calvary Drive Gainesville, Georgia 30501 399. Sam Frankel Assn. of Physical Fitness 3340 Peachtree Road Tower Place Atlanta, Georgia 30326 400. Timothy P. Terrell Younger Lawyers Section, State Bar of Georgia 2219 Riada Drive, N.W. Atlanta, Georgia 30305 401. W. T. Walsh State Bar of Georgia Alston, Miller & Gaines C & S National Bank Building Atlanta, Georgia 30303 402. Raymond W. Hand Pet, Inc. 400 South 4th Street St. Louis, Missouri 63166 403. Michael H. Rudy Texaco, Inc. 5024 Winding Branch Drive Dunwoody, Georgia 30338 404. A. B. Reddick Allstate Insurance Co. 2660 Akers Mill Road, N.W. Atlanta, Georgia 30339 405. Pat Gardner Ga. Psychological Assn. 668 East Pelham Road Atlanta, Georgia 30324 406. Tim Perry Registered Agent Brunswick Corporation American Express Corp. 1745 North Pelham Road, N.E. Atlanta, Georgia 30324 407. Michael Jablonski Stop Mountain Area Super Highways 2300 The Equitable Building Atlanta, Georgia 30303 408. Bill Merritts Gray Line of Atlanta 309 Walker Street Atlanta, Georgia 30313 409. Jim Cone Ga. Recreation & Parks Society DeKalb County Courthouse Decatur, Georgia 30030 410. Celeste Greene Homemakers Upjohn 1819 Peachtree Road, N.E. Suite 703 Atlanta, Georgia 30309 * Tim Perry C & S Mortgage Co. Added 2/24/78 By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees: HB 2067. By: Representatives Nix and Harrison of the 20th, and Cooper of the 19th: A BILL to amend Code Section 32-911, relating to the immunization of school children prior to their admission to public schools so as to change the provi sions relative to penalties in connection with such immunization; and for other purposes. Referred to the Committee on Education. HB 2068. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to be known as the "Transportation of Radioactive Materials Act" so as to provide for findings of the Legislature, to designate a responsible State agency and to provide for the regulation of shippers and carriers of radioactive materials; and for other purposes. TUESDAY, FEBRUARY 28, 1978 1939 Referred to the Committee on Industry. HR 800-2068. By: Representatives Butler, Tolbert and Johnston of the 56th, Lenderman of the 53rd, Linder of the 44th, Noble of the 48th, Robinson of the 58th, Burton of the 47th, and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that residents of DeKalb County shall be granted an additional homestead exemption from all ad valorem taxation by that county; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2069. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act amending the charter of the City of Brunswick so as to change thp residency requirements of the recorder of the police court; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HR 802-2069. By: representative Murphy of the 18th: A RESOLUTION amending the Resolution creating the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee so as to extend the existence of such Commit tee; and for other purposes. Referred to the Committee on Rules. HB 2070. By: Representative Kemp of the 139th: A BILL to create commissioner districts in certain counties of this State for the election of county commissioners; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2071. By: Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th, Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th, and Hill of the 127th: A BILL to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2072. By: Representatives Twiggs and Colwell of the 4th: A BILL to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. HB 2073. By: Representative Karrh of the 106th: A BILL to provide that it shall be unlawful for any person, firm, partnership or corporation to operate certain motor vehicles for hire in certain counties; and for other purposes. Referred to the Committee on Motor Vehicles. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: 1940 JOURNAL OF THE HOUSE, HB 2024 HB 2025 HB 2026 HB 2027 HB 2028 HB 2029 HB 2030 HB 2031 HB 2033 HB ZlMd UHHDBB o2200rw3345; HB 2040 HB 2045 HB 2046 HB 2047 HR 796-2047 HB 2048 HB 2049 HB 2050 HB 2051 HB 2052 HB 2053 HB 2054 HB 2056 HB 2057 HB 2058 HR 798-2059 HB 2060 HB 2061 HB 2062 HB 2063 HB 2064 HB 2065 HR 799-2065 HB 2066 SB 616 SB 73 SB 210 SB 247 SB 369 SB 3?4 gg 3gQ SbSBioj 449TMd9 OR rrq H *65 HTM SB 596 SB 61g CD A09 SB 623 CD fiOS go go? CD R9Q CD. G.I(\ TM eg goo OD CQQ ^ ~2 TM " TM SR 336 SR 341 SR 348 SR 353 Representative Ross of the 76th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SB 382 Do Pass, as Amended SB 615 Do Pass SR 269 Do Pass SR 297 Do Pass SR 298 Do Pass HR 773 Do Pass Respectfully submitted, Ross of the 76th Chairman Representative Marcus of the 26th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: TUESDAY, FEBRUARY 28, 1978 1941 Your Committee on Health & Ecology has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations: SB 383 Do Pass SB 450 Do Pass, as Amended SB 478 Do Pass, by Substitute SB 522 Do Pass SB 574 Do Pass, as Amended Respectfully submitted, Marcus of the 26th Chairman Representative Bray of the 70th District, Acting Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 336 Do Pass SB 399 Do Pass, by Substitute SB 552 Do Pass SB 544 Do Pass SB 602 Do Pass, by Substitute SB 91 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Acting-Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1880 HB 1881 HB 2018 HB 2036 HB 2037 HB 2038 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass, as Amended HB 2039 Do Pass HB 2041 Do Pass HB 2042 Do Pass HB 2043 Do Pass HB 2044 Do Pass HR 777-2023 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 28, 1978, and submits the following: 1942 JOURNAL OF THE HOUSE, SB 28 Teachers' Retirement System; Retirement Benefits SB 162 Driver's License, Armed Forces SB 211 Natural Resources Board; Game & Fish Rules-Hearings SB 258 Insurer's Average Yield Investment Income SB 259 Recorded Materials Reproduction/Penalty SB 330 Hospitals and Health Facilities, Smoking Areas (Rec.) SB 395 National Guard; Free Drivers' License SB 406 Board of Exam. Plumbing Contractor; Members SB 415 Speed Detection Devices, Relating to Visibility SB 416 County Tax Levy, Aid to Cty/City Dev. Authority SB 417 City Tax Levy, Aid to Cty/City Dev. Authority SB 420 Election Code, Records County Registrars and Dep. Reg. SB 421 Hospital Authorities; Removal of Members SB 425 State Officials and Employees, Transactions Affecting Ga. SB 442 Deceptive Practices, Refund, Fraudulent Attempts SB 457 State Comm. Compensation; Meetings, Members, Etc. SB 503 State Patrol, Assist Municipality Upon Request SB 511 Torts, Manufacturer's Defense, Product Altered SB 543 Georgia Military College; Board of Trustees SB 554 Coordinating Committee for Acceptional Individuals SB 603 Georgia Forest Research Council; Transfer of Functions SR 217 Retirement System & Educational Scholarships; Revise SR 246 Employment Agency Adv. Council Termination SR 267 Ga. Auctioneers Com.; Change Termination Date The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1922. By: Representatives Taggart of the 125th, Battle of the 124th, and Hill of the 127th: A BILL to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1922 as follows: By striking lines 19 through 29 on page 1 in their entirety and inserting in lieu thereof the following: "(3) Judge of the Probate Court of Chatham County $27,500.00 (4) Judge of the Juvenile Court of Chatham County $28,500.00 (5) Judge of the Recorder's Court of Chatham County $27,300.00 TUESDAY, FEBRUARY 28, 1978 1943 The salaries provided for herein shall be paid in equal monthly installments from county funds." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 2038. By: Representative Mullinax of the 69th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liq uors", so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 2038 as follows: "Changing the figures $100,000.00 on line four, page two, to $50,000.00." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1766. By: Representatives Burruss and Housley of the 21st, Cooper, Kaley, and Wilson of the 19th, and Murphy of the 18th: A BILL to amend an Act creating a Board of Commissioners for Paulding County so as to change the provisions relating to the recall of the chairman or commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1880. By: Representatives Smith of the 42nd, and Horton and Games of the 43rd: A BILL to amend an Act establishing a Charter for the City of Fairburn so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 1944 JOURNAL OF THE HOUSE, HB 1881. By: Representatives Smith of the 42nd, and Horton and Games of the 43rd: A BILL to amend an Act establishing a new charter for the City of Palmetto so as to change the provisions relating to councilmen, their qualifications, and terms of office; to change the provisions relating to time for holding regular elections; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2002. By: Representative Murphy of the 18th: A BILL to provide for the superior courts in the counties comprising the Tallapoosa Judicial Circuit; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2018. By: Representative Pilewicz of the 41st: A BILL to amend an Act establishing a new charter for the City of East Point, Fulton County, Georgia, so as to pro vide and authorize for definitions; to add to the existing charter new sections; to provide for tax service district; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2036. By: Representative Jones of the 78th: A BILL to amend an Act to provide mini mum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2037. By: Representative Lambert of the 112th: A BILL to amend an Act creating a Board of County Commissioners of Hancock County so as to change the com pensation of the chairman; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 28, 1978 1945 HB 2039. By: Representatives Taggart of the 125th, Hill of the 127th, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Chance of the 129th, and Jones of the 126th: A BILL to amend an Act creating the Chatham County Water and Sewer Authority so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges thereof, the governing authority of Chatham County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2041. By: Representatives Mann, Milford and Clark of the 13th: A BILL to create and establish a Small Claims Court in and for Franklin County; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2042. By: Representative Edwards of the 110th: A BILL to amend an Act consolidat ing the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Commissioner of Marion County so as to authorize the tax commissioner to hire a clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2043. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional per sonnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2044. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Cen sus of 1970 or any future such census; and for other purposes. 1946 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 777-2023. By: Representatives Richardson of the 52nd, Hawkins of the 50th, Steinberg of the 46th, Childs of the 51st, Clark of the 55th, Robinson of the 58th, Burton of the 47th, and others: A RESOLUTION Proposing an amendment to the Constitution to authorize DeKalb County and the municipalities of Decatur and Avondale Estates to establish and maintain development and redevelopment programs for the development or redevelopment of areas within their respective boundaries; to provide for the issuance of revenue bonds; to provide for the pledging of increased tax revenues or projected tax revenues resulting from a development or redevelopment project for the payment of all or any part of obligations incurred in con nection with such development or redevelopment project; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV of the Constitution of Georgia of 1976 is hereby amended by adding at the end thereof a new Paragraph to be numbered Paragraph V, to read as follows: "Paragraph V. Development and Redevelopment Programs and Tax Incre ment Financing. (1) DeKalb County, Georgia, and the municipalities of Decatur and Avondale Estates are hereby authorized to provide by resolution duly adopted by their governing authorities for any and all matters reasonably necessary to establish and maintain development or redevelopment of areas within their respective borders and to issue revenue bonds for development or redevelopment purposes, land acquisition ind utilities, streets, roads, sidewalks, traffic control devices, parking and public facilities, buildings and equipment, installation and construction costs, and to pledge all or a por tion of the increased tax revenues and other income from the projected development or redevelopment projects for the payment of all or any portion of any obligations incurred in connection with a development or redevelopment project, or for the purposes of financing the cost thereof, in whole or in part, including the right to issue refunding bonds for the payment or retirement of bonds previously issued. All such bonds shall be made payable as to both principal and interest solely from the income proceeds and revenues and funds of the issuing county or the issuing municipality including but not limited to tax increment funds received from the increased taxes caused by the develop ment. (2) Bonds issued under this Section shall be authorized by resolution of the govern ing authority, may be issued in one or more series, bearing such date or dates, payable upon demand or maturity, at such time or times, bearing such interest rate or rates, in such denomination or denominations, in such form either coupon or registered with such provisions as to conversion or registration privileges, rank and priority of lien, executed in such manner, payable in such medium of payment at such place or places, and sub ject to such terms of redemption with or without premium, as may be provided in the resolution adopted pursuant thereto. Such bonds may be sold in such manner at public sale or negotiated bid basis as may be provided by resolution of the governing authority. (3) Such bonds may be issued and validated in such manner as may now or hereafter be provided for the validation of revenue bonds. (4) All funds received by the county or municipal tax collector within the boundaries of any district or districts established pursuant to this Section, in excess of the taxes collected in the district in the year immediately preceding its establishment, shall be TUESDAY, FEBRUARY 28, 1978 1947 deposited in a special tax increment fund which shall be held separately from all other funds held by the county or the municipality and paid out in such manner as may be authorized by the governing authority. Tax funds collected for educational purposes within the boundaries of any district or districts established pursuant to this Section, in excess of the taxes collected for educational purposes in the district in the year immediately preceding its establishment may also be deposited in the special tax incre ment fund for that district and used to fund the payment of tax increment bonds, but only with the consent of the county board of education, and in the case of an independ ent school system, with the consent of the fiscal authority responsible for setting the ad valorem tax rate for educational purposes. (5) The governing authority may establish a district or districts pursuant to this Section upon a finding that such district or districts will provide for slum clearance or blight reductions or contain such projects or proposed projects as will increase the eco nomic vitality of the district. Such district or districts as established by the county may include a portion or portions of the municipalities of Decatur and Avondale Estates upon the approval of the governing authority of the affected municipality provided that all increases in municipal general fund taxes occasioned by the development or redevel opment project shall be paid over to the county as such portion may be agreed upon by the governing authority of the municipality and the county to be deposited in the special tax increment funds to be used for the purposes of this Section. Such district or districts as established by Decatur or Avondale Estates shall be wholly within said municipality. Also, such district or districts as established by the municipality may include in its tax increment fund all increases in county general fund taxes occasioned by the development or redevelopment project upon the approval of the governing authority of the county. (6) For the purposes of this Section, the county and the municipalities of Decatur and Avondale Estates may contract and enter into leases with each other, private per sons, firms or corporations, public bodies or agencies for a period not exceeding fifty years and may receive funds, grants, gifts and donations from federal, State and public agencies, private firms, persons or corporations for development or redevelopment pur poses and may pledge all such funds and income from such contracts and leases to pay the principal and interest on bonds issued pursuant to this Section. (7) The purposes enumerated in this Section shall be deemed to be public purposes for which public funds may be spent. (8) The county and the municipalities of Decatur and Avondale Estates may sell or lease for a period not exceeding fifty years development or redevelopment property owned by it to private firms, persons, or corporations. Such sale or lease may be accom plished at public sale or on a negotiated bid basis as may be provided by resolution of the governing authority and must be approved at a public meeting by the governing authority. (9) The governing authority shall provide in its development or redevelopment plan for such district or districts as may be created hereunder the purposes for which funds may be used which shall include, but not be limited to, the costs of acquiring land or interests in land, providing water, sanitary or storm sewers, traffic control devices, police and fire facilities, parking and public buildings and equipment, streets, roads and other public facilities and utilities, the acquisition of land or interests in land therefor, the payment of expenses incidental thereto, including but not limited to plans and surveys for the development or redevelopment project or projects. Tax increments and bond funds for an authorized district may not be transferred to another district. (10) The term 'taxes' as used in this Section shall mean all ad valorem taxation on real and personal property, business license and excise taxes, within the development or redevelopment district or districts. (11) The authority provided for in this Section is cumulative of any and all other powers or authority which have heretofore or may hereafter be granted to counties and municipalities. (12) Revenue bonds issued pursuant to this Section shall not constitute debt within the meaning of Article IX, Section VII of the Constitution. 1948 JOURNAL OF THE HOUSE, (13) The General Assembly of Georgia may by local or general law grant such addi tional powers to the county and municipalities of Decatur and Avondale Estates as it may deem appropriate to implement and facilitate the purpose nd intent of this Section. (14) This amendment is self-executing and shall become effective upon its ratifi cation." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize DeKalb County and the municipalities of Decatur and Avondale Estates to establish and maintain programs for the development and redevelopment of areas within their respective boundaries and to issue revenue bonds therefor funded by taxes generated by such projects?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the adoption of the Resolution, the ayes were 155, nays 0. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker TUESDAY, FEBRUARY 28, 1978 1949 The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 831. By: Representatives Hutchinson of the 133rd, Daniel of the 88th, Isakson and Harrison of the 20th, Smith of the 42nd, Owens of the 77th, Hays of the 1st, Money of the 5th, and others: A BILL to amend an Act relating to motor vehi cle licenses, as amended, which Act has been codified as Code Chapter 92-29, so as to change the license tag fees for certain vehicles; to provide an effective date; and for other purposes. HB 914. By: Representatives Phillips of the 59th, Waddle of the 113th, Wood and Jackson of the 9th, Beckham of the 89th, Harris of the 60th, Swann of the 90th, Lam bert of the 112th, and others: A BILL to provide for dam safety; to provide a short title ("Dam Safety Law of 1977"); to provide a declaration of purpose; to define certain terms; to provide for classification of dams; to require certain permits for construction and maintenance of dams; to provide for applications; and for other purposes. HB 1777. By: Representative Ware of the 68th: A BILL to create the Downtown West Point Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown West Point District; to authorize the Authority to issue revenue bonds; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: SB 617. By: Senator Stumbaugh of the 55th: A BILL to amend an Act entitled "An Act to authorize each municipality, county and other public body of this State to purchase liability insurance of indemnity insuring members of the governing bodies of such municipalities, counties and other public bodies, supervisors, administrators, employees or other elected or appointed officers against liability for damages in specified instances"; and for other purposes. SB 624. By: Senator Bell of the 5th: A BILL to amend Code Section 32-903.2, relating to certain qualifications of school board members of certain counties, so as to provide for applicability to State or county elective governmental offices; to provide an effective date; and for other purposes. HB 113. By: Representatives Watson of the 114th, Walker of the 115th, Waddle of the 113th, and Birdsong of the 103rd: A BILL to establish the Georgia Justic Courts Training Council; to provide a short title ("The Georgia Justice Courts Training Council Act"); and for other purposes. HB 1242. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend the "Executive Reorganization Act of 1972" so as to remove from the 1950 JOURNAL OF THE HOUSE, classified service of the Merit System the Director of the Division of Vocational Rehabilitation in the Department of Human Resources; and for other purposes. HB 1247. By: Representatives Scott of the 123rd, Hill of the 127th, Dean of the 29th, Taggart of the 125th, Chance of the 129th, Triplett of the 128th, and Childers of the 15th: A BILL to amend Code Section 68B-307, relating to the authority of the Department of Public Safety to suspend or revoke licenses and establish ing a point system, so as to change the number of points necessary for the sus pension of licenses in certain cases; to provide for proof of certain facts; to provide for practices and procedures; and for other purposes. HB 1252. By: Representatives Gignilliat of the 122nd, Jones of the 126th, Hill of the 127th, Battle of the 124th, Scott of the 123rd, Triplett of the 128th, Childers of the 15th, Taggart of the 125th, and others: A BILL to amend an Act estab lishing the Teachers' Retirement System so as to change the provisions relative to the minimum retirement allowance paid to public school teachers who retired pursuant to a county, municipal or local board of education retirement or pen sion system; and for other purposes. HB 1265. By: Representatives Jackson, Whitmire and Wood of the 9th: A BILL to amend Code Section 92-3902A, relating to practice and procedure for certain county and municipal tax refunds, so as to change the time period within which a claim for refund must be filed; to provide an effective date; and for other pur poses. HB 1854. By: Representative Coleman of the 118th: A BILL to provide a new Charter for the City of Rentz in the County of Laurens; and for other purposes. HB 1453. By: Representatives Cooper, Wilson and Kaley of the 19th, Burruss and Housley of the 21st, and Harrison, Isakson and Nix of the 20th: A BILL to add one additional judge of the superior courts of the Cobb Judicial Circuit of Georgia; to provide for the election of such judge and his successors; to prescribe the powers of said judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; and for other purposes. HB 1281. By: Representatives Steinberg of the 46th, Hatcher of the 131st, Taggart of the 125th, Hill of the 127th, Kemp of the 139th, Carnes of the 43rd, Knight of the 67th, Hawkins of the 50th, Richardson of the 52nd, Galer of the 97th, Hamilton of the 31st, Nichols of the 27th, and Marcus of the 26th: A BILL to amend Code Title 74, relating to parent and child, as amended, so as to enact the Uni form Child Custody Jurisdiction Act; to provide a short title ("Uniform Child Custody Jurisdiction Act"); to provide a purpose; to provide for construction; to define certain terms; to provide jurisdiction to make child custody determi nations; to provide for notice and opportunity to be heard; and for other pur poses. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1288. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize the Commissioner to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide for an effective date; and for other purposes. TUESDAY, FEBRUARY 28, 1978 1951 The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House: HB 1338. By: Representatives Lambert of the 112th, Carlisle of the 71st, and Horton of the 43rd: A BILL to amend an Act to Classify Property for Taxation so as to exempt from the tax certain property of certain international banking corpora tions and international bank agencies; to provide an effective date; and for other purposes. HB 1349. By: Representative Greer of the 43rd: A BILL to amend Code Section 84-601, relating to the definition of podiatry, so as to change the said definition; and for other purposes. HB 1343. By: Representatives Buck of the 95th, Lambert of the 112th, Childs of the 51st, Knight of the 67th, Wilson of the 19th, Connell of the 87th, Snow of the 1st, Evans of the 84th, and Games of the 43rd: A BILL to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia so as to change the provisions relative to retirement benefits for superior court clerks and their spouses who are retired or may retire under the provisions of the Superior Court Clerks' Retirement Fund of Georgia; and for other purposes. HB 1347. By: Representatives Wood of the 9th, Hays of the 1st, Owens of the 77th, and Kilgore of the 65th: A BILL to amend an Act creating a State Department of Veterans Service so as to authorize the Director of Veterans Service to use the title of "Commissioner" when signing official letters, papers and documents; to provide an effective date; and for other purposes. HB 1694. By: Representatives Knight of the 67th, Ross of the 76th, Felton of the 22nd, and Sizemore of the 136th: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provisions relative to the objectives and purposes of the Adequate Program for Education; and for other purposes. HB 1554. By: Representatives Crosby of the 150th, Wheeler and Foster of the 152nd, McKinney of the 35th, Noble of the 48th, Rainey of the 135th, Adams of the 36th, Hays of the 1st, Owens of the 77th, and others: A BILL to amend an Act providing that the owner of a beehive shall have the right to destroy bears under certain conditions so as to change the provisions relative to protective devices for beehives and notice to the Department of Natural Resources; and for other purposes. HB 1527. By: Representatives Smyre of the 92nd, Marcus of the 26th, Carlisle of the 71st, Owens of the 77th, Galer of the 97th, Russell of the 64th, Randall of the 101st, and others: A BILL to amend Code Title 84, relative to professions, businesses and trades, so as to provide for the regulation of the dispensing of hearing aids; to provide a short title ("Hearing Aid Act of Georgia"); to provide for a declara tion of policy; to provide certain prohibitions; to define certain terms; to require a bill of sale; and for other purposes. HB 1560. By: Representatives Adams of the 36th, Gammage of the 17th, Johnson of the 66th, Birdsong of the 103rd, Phillips of the 91st, Isakson of the 20th, and Patten of the 146th: A BILL to amend an Act implementing the requirements of the Federal Intergovernmental Corporation Act of 1968 so as to change the provisions relative to the functions and authority of area planning and develop ment commissions; and for other purposes. 1952 JOURNAL OF THE HOUSE, HB 1579. By: Representatives Linder of the 44th, and Savage of the 25th: A BILL to amend an Act known as the Georgia Administrative Procedure Act so as to pro vide that in contested cases involving a license to practice medicine a reviewing court may order a stay only if it makes certain findings; and for other purposes. HB 1529. By: Representatives Adams of the 36th, Foster of the 152nd, Gammage of the 17th, and Anderson of the 8th: A BILL to amend an Act known as the "Georgia Boat Safety Act" so as to provide that inflatable rafts are included in the defi nition of vessels; to provide that Class 3 vessels includes vessels which are 40 feet or more in length; and for other purposes. SB 609. By: Senator Hudson of the 35th: A BILL to provide for the salary and expenses of members of the board of education and the president of such board in coun ties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to repeal a specific Act; to provide an effective date; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 368. By: Representative Ham of the 80th: A BILL to amend an Act known as the "Ga. Fiscal Note Act", so as to provide a procedure for fiscal notes for bills having a significant impact on the anticipated revenue or expenditure level of any county or municipal corporation; and for other purposes. HB 649. By: Representative Kilgore of the 65th: A BILL to amend Code Section 68B-215, relating to certain records to be kept by the Dept. of Public Safety concerning persons holding drivers' licenses, so as to authorize the Department to furnish a copy of an abstract of a driver's record to an insurance company or insurance agent under certain circumstances; and for other purposes. HB 902. By: Representative McDonald of the 12th: A BILL to amend an Act known as the "Georgia Electrical Contractors Act" so as to establish two classes of licenses; to authorize and direct the Board to prepare separate examinations for each class of licenses; and for other purposes. HB 937. By: Representative Buck of the 95th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax certain transactions between persons with common own ership; to provide an effective date; and for other purposes. HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. HB 1366. By: Representatives Harrison, Isakson and Nix of the 20th, and Cooper, Kaley and Wilson of the 19th: A BILL to amend Code Chapter 32-9, relating to county boards of education, so as to authorize county boards of education to expend educational funds for the purpose of providing uniforms for school maintenance or custodial personnel; to provide an effective date; and for other purposes. HB 1693. By: Representatives Knight of the 67th, Ross of the 76th, Felton of the 22nd, and Sizemore of the 136th: A BILL to amend an Act known as the "Adequate TUESDAY, FEBRUARY 28, 1978 1953 Program for Education in Georgia Act" so as to change the provisions relative to the allocation of special education leadership units; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1511. By: Representative Pinkston of the 100th: A BILL to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to authorize the Department of Banking and Finance to initiate appropriate action whenever it shall appear to the department that any person or corporation is conducting business as a financial institution without authority; and for other purposes. HB 1671. By: Representatives Ramsey of the 3rd, Long of the 142nd, Keyton of the 143rd, Williams of the 6th, Ralston of the 7th, and Beck of the 148th: A BILL to amend the Code of Georgia of 1933 so as to create a new Code Title 68D, to be known as "The Georgia Driver Improvement Act"; to provide for the crea tion, operation and management of driver improvement programs; to provide for a statement of purpose; to provide that the provisions of such Code Title are in addition to existing laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 780. By: Representatives Hamilton of the 31st, Daugherty of the 33rd, Hill of the 127th, Watkins of the 34th, Horton of the 43rd and others: A RESOLUTION commending Atlanta University on its 112th anniversary and for other pur poses. HR 553-1580. By: Representatives Childers of the 15th, Noble of the 48th, Gammage of the 17th, Oldham of the 14th, Hawkins of the 50th, Richardson of the 52nd, and Toles of the 16th: A RESOLUTION creating the Council on the Deaf; and for other purposes. HR 580-1662. By: Representatives Wilson, Cooper, and Kaley of the 19th, Harrison, Nix and Isakson of the 20th, and Burruss and Housley of the 21st: A RESOLU TION authorizing the extension of a lease of certain real property located in Cobb County, Georgia; and for other purposes. HR 60-272. By: Representative Felton of the 22nd: A RESOLUTION compensating Mr. Richard H. Culberson; and for other purposes. HR 466-1337. By: Representative Oldham of the 14th: A RESOLUTION compensating Ms. Janet Holder; and for other purposes. HR 468-1337. By: Representative Logan of the 62nd: A RESOLUTION compensating Miss Henrietta Young; and for other purposes. HR 474-1340. By: Representative Lee of the 72nd: A RESOLUTION compensating Nancy B. Peeples; and for other purposes. HR 483-1380. By: Representatives McCollum of the 134th, and Hutchinson of the 133rd: A RESOLUTION compensating Mrs. George Ellis Martin; and for other pur poses. 1954 JOURNAL OF THE HOUSE, HR 517-1473. By: Representative Jessup of the 117th: A RESOLUTION compensating Mr. Harold Norris; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 438-1274. By: Representatives Richardson of the 52nd, Beckham of the 89th, Hamilton of the 31st, Swann of the 90th, Knight of the 67th, Hawkins of the 50th, Sizemore of the 136th, and Taggart of the 125th: A RESOLUTION providing that the State Department of Human Resources, in cooperation with certain interested groups, shall formulate plans to set up service programs for displaced homemakers in rural and urban areas; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 3. By: Representatives Hatcher of the 131st, Collins of the 144th, Snow of the 1st, Castleberry of the lllth, Egan of the 25th, Keyton of the 143rd, Hudson of the 137th, Hutchinson of the 133rd, and Adams of the 79th: A BILL to amend the Code of Georgia of 1933, as amended, so as to strike in its entirety Code Title 92, relating to public revenue, as amended, and substitute in lieu thereof a new Code Title 92, relating to public revenue; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 98. By: Senators Reynolds of the 48th and Barnes of the 33rd: A BILL to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved Feb. 1, 1950, so as to change the definition of the term "peace officer"; to provide an effective date; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Barnes of the 33rd, Shapard of the 28th, and Dean of the 31st. By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees: SB 609. By: Senator Hudson of the 35th: A BILL to provide for the salary and expenses of members of the board of education and the president of such board in coun ties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to repeal a specific Act; to provide an effective date; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. TUESDAY, FEBRUARY 28, 1978 1955 SB 617. By: Senator Stumbaugh of the 55th: A BILL to amend an Act entitled "An Act to authorize each municipality, county and other public body of this State to purchase liability insurance of indemnity insuring members of the governing bodies of such municipalities, counties and other public bodies, supervisors, administrators, employees or other elected or appointed officers against liability for damages in specified instances"; and for other purposes. Referred to the Committee on Insurance. SB 624. By: Senator Bell of the 5th: A BILL to amend Code Section 32-903.2, relating to certain qualifications of school board members of certain counties, so as to provide for applicability to State or county elective governmental offices; to provide an effective date; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. The following Resolution of the House was read and adopted: HR 801. By: Representatives Ross of the 76th, Knight of the 67th, Cason of the 96th, Mostiler of the 71st and others: A RESOLUTION commending and expressing best wishes to Dr. Edmund Clyde Martin; and for other purposes. By unanimous consent, all House Bills and Resolutions and all amended or substi tuted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 406. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the State Board of Examiners of Plumbing Contractors, approved March 15, 1968, so as to provide for the appointment of additional members to the Board; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. N Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Caatleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Cooper, B. Y Coi, W.E. Crosby,T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. 1956 JOURNAL OF THE HOUSE, Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Noble, Bill Oldham, L. N Owens, R.D. Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. N Scott, A. Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 102, nays 15. The Bill, having received the requisite constitutional majority, was passed. SB 554. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for representation of the Department of Offender Rehabilitation on a Coordinating Committee for Exceptional Individuals; to provide for quarterly reports to the Governor; to provide for matters related thereto; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 91, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 217. By: Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd and Langford of the 51st: A RESOLUTION Proposing an amendment to the Constitution so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by adding at the end of said Paragraph XII two new subparagraphs to be desig nated subparagraphs 9 and 10 and to read as follows: "9. Whenever the Board of Human Resources is entitled to receive federal funds made available pursuant to any federal vocational rehabilitation program, said Board shall be authorized to receive and administer such funds in accordance with the terms of said federal program, and where the program so provides, said Board may disburse said funds to nonprofit corporations or associations which are engaged solely in voca tional rehabilitation of disabled persons. 10. The expenditure of public funds pursuant to the provisions of Article X of this Constitution shall not constitute a violation of subparagraph 1 or 2 of this paragraph." Section 2. Article VII, Section II, Paragraph I, subparagraph 8 of the Constitution is hereby amended by striking said subparagraph 8 in its entirety and substituting in lieu thereof a new subparagraph 8 to read as follows: TUESDAY, FEBRUARY 28, 1978 1957 "8. For the purposes set forth in Article X of this Constitution and for the purpose of making such employer contributions under federal old-age and social security pro grams as may be necessary or desirable to provide coverage and participation therein by public officers and employees, their dependents and survivors." Section 3. Article VIII, Section IV, Paragraph II of the Constitution is hereby amended by striking said Paragraph II, which reads as follows: "Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as stu dents by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph.", in its entirety. Section 4. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph (e) to read as follows: "(e) Any county board of education and the board of education of any countywide school district are authorized to expend education funds for the purpose of supporting any heretofore existing local retirement system covering employees of such board of edu cation and, except as hereinafter provided, are vested with the authority to maintain and modify any such local retirement system. When employer contributions to any such local retirement system have been paid heretofore, in whole or in part, from county funds pursuant to the requirements of a local act of the General Assembly, the contin ued use of county funds for such purpose is authorized, and the control over such local retirement system shall continue to be vested in the General Assembly. The General Assembly may require employer contributions to such local retirement system to be paid from the education funds of the county board of education whose employees are covered under such local retirement system or may require that such employer contributions be paid from a combination of county funds and education funds in such manner as the General Assembly shall determine. No provision of this paragraph shall operate to pro hibit the General Assembly from enacting any general law controlling the subject matter of this paragraph." Section 5. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of subparagraph 1 of paragraph (c) thereof the following: ", and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article", so that when so amended said paragraph (c) shall read as follows: "(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution: 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority; and except as otherwise provided in Section IV^ Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article. 2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority. 1958 JOURNAL OF THE HOUSE, 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system." Section 6. Article IX, Section II, Paragraph II of the Constitution is hereby amended by striking therefrom the following: "retirement or pension systems,", so that when so amended said Paragraph II shall read as follows: "Paragraph II. Salary of County Employees; How Fixed. The governing author ity of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pen sion systems, insurance, workmen's compensation, and hospitalization benefits for said employees." Section 7. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding immediately following subparagraph (15) thereof a new subparagraph (16) to read as follows: "(16) The power to maintain and modify heretofore existing retirement or pension systems and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees." Section 8. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of said Para graph III the following: "or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution", so that when so amended said Paragraph III shall read as follows: "Paragraph III. Taxing Power and Contributions of Counties, Cities and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or asso ciation, or to appropriate money for, or to loan its credit to, any corporation, company, association, institution or individual except for purely charitable purposes. This restric tion shall not operate to prevent the support of schools by municipal corporations within their respective limits or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution." Section 9. Article IX, Section V, Paragraph II of the Constitution is hereby amended by striking subparagraph 10 thereof in its entirety and substituting in lieu thereof a new subparagraph 10 to read as follows: "10. To provide insurance, hospitalization benefits, workmen's compensation benefits and coverage under federal old-age and social security programs for its officers and employees, including elective county officers and their employees, and for employees of the county board of education and for the beneficiaries of any such officers and employ ees and to provide retirement and pension benefits as authorized under Section IV, Paragraph II, subparagraph (16) of this Article. The funds necessary for any benefits authorized herein for employees or county boards of education and their beneficiaries shall be paid from education funds, except as otherwise provided by paragraph (e) of Article VIII, Section V, Paragraph II of this Constitution." TUESDAY, FEBRUARY 28, 1978 1959 Section 10. Article X of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article X to read as follows: "ARTICLE X. RETIREMENT SYSTEMS AND STUDENT ASSISTANCE Section I. Retirement Systems Paragraph I. Expenditure of Public Funds Authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries. Paragraph II. Increasing Benefits Authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension sys tem wholly or partially supported from public funds. Paragraph III. Firemen's Pension System. The method of funding the Firemen's Pension System as set forth in the Act creating said System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, is continued until changed by law. Paragraph IV. Funding Standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without con current provisions for funding in accordance with the defined funding standards. Section II. Student Assistance Paragraph I. Student Assistance Programs Authorized, (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expended for any of the following purposes: (1) To provide grants, scholarships, loans, or other assistance to students for edu cational purposes. (2) To provide for a program of guaranteed loans to students for educational pur poses; to pay interest, interest subsidies and fees to lenders on such loans; and the General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program. (3) To match funds now or hereafter available for student assistance pursuant to any federal law. (4) To provide grants, scholarships, loans, or other assistance to State employees for educational purposes. (b) Contributions made in support of any student assistance program now or here after established under provisions of this Section may be deductible for State income tax purposes as now or hereafter provided by law. Paragraph II. Guaranteed Revenue Debt. Guaranteed revenue debt may be incur red to provide funds to make loans to students for educational purposes, to purchase loans made to students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section III of this Constitution. Paragraph III. Public Authorities. Public authorities or public corporations hereto fore or hereafter created for such purposes shall be authorized to administer student assistance programs, and, in connection therewith, may exercise such powers as may now or hereafter be provided by law. Paragraph IV. Waiver of Tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the State." 1960 JOURNAL OF THE HOUSE, Section 11. The following amendments to the Constitution of 1945 and to the Con stitution of 1877 which were continued in force and effect by Article XIII, Section I, Para graph II of the Constitution of 1976 are hereby repealed in their entirety: A. The amendment authorizing the General Assembly to enact laws authorizing Chatham County to create a retirement fund and a system of retirement pay for county employees which was ratified on June 8, 1937, and which is set forth in Georgia Laws 1937, pages 16-18. B. The amendment authorizing the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county employees and for county school employees and to levy taxes for that purpose which was ratified on June 6, 1939, and which is set forth in Georgia Laws 1939, pages 39-41. C. The amendment authorizing the General Assembly to enact laws authorizing Richmond County to create a retirement or pension fund and a system of retirement or pension pay for county employees which was ratified on August 3, 1943, and which is set forth in Georgia Laws 1943, pages 48-51. D. The amendment extending coverage of the pension system authorized by the Con stitution for county employees in Fulton County to provide that the benefits of said pen sion system shall be available to all State, State and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part from the funds of Fulton County which was ratified on November 2, 1948, and which is set forth in Georgia Laws 1947, pages 1749-1751. E. The amendment authorizing the General Assembly, with respect to Bibb County, to enact laws constituting pension or retirement plans for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or State officer, whose salary, wage or compensation is paid wholly or in part from the funds of Bibb County, which was ratified on November 7, 1950, and which is set forth in Georgia Laws 1950, pages 431-434. F. The amendment empowering the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or a State officer, whose salary, wage or compensation is paid wholly or in part by Bibb County, which was ratified on November 8, 1966, and which is set forth in Georgia Laws 1966, pages 881-883. G. The amendment authorizing an increase in retirement benefits of retired employ ees of the City of Griffin which was ratified on November 7, 1972, and which is set forth in Georgia Laws 1971, pages 935-936. H. The amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Education for the City of Savannah and the County of Chatham which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1692-1693. I. The amendment authorizing the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1809-1811. J. The amendment authorizing the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired at any time prior to January 1, 1975, pursuant to any retire ment system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to appropriate funds for such purpose, which was ratified November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1495-1496. K. The amendment providing that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any future such census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from TUESDAY, FEBRUARY 28, 1978 1961 employment with any such municipal corporation and who retired pursuant to any retire ment system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1493-1495. L. The amendment authorizing the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County which was ratified on Novem ber 2, 1976, and which is set forth in Georgia Laws 1976, pages 1887-1888. M. The amendment authorizing the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said City, which was ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1872-1873. Section 12. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revi sion?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VIII, Paragraph XII of the Constitution is hereby amended by adding at the end of said Paragraph XII two new subparagraphs to be desig nated subparagraphs 9 and 10 and to read as follows: "9. Whenever the Board of Human Resources is entitled to receive federal funds made available pursuant to any federal vocational rehabilitation program, said Board shall be authorized to receive and administer such funds in accordance with the terms of said federal program, and where the program so provides, said Board may disburse said funds to nonprofit corporations or associations which are engaged solely in voca tional rehabilitation of disabled persons. 10. The expenditure of public funds pursuant to the provisions of Article X of this Constitution shall not constitute a violation of subparagraph 1 or 2 of this paragraph." Section 2. Article VII, Section II, Paragraph I, subparagraph 8 of the Constitution is hereby amended by striking said subparagraph 8 in its entirety and substituting in lieu thereof a new subparagraph 8 to read as follows: "8. For the purposes set forth in Article X of this Constitution and for the purpose of making such employer contributions under federal old-age and social security pro- 1962 JOURNAL OF THE HOUSE, grams as may be necessary or desirable to provide coverage and participation therein by public officers and employees, their dependents and survivors." Section 3. Article VIII, Section IV, Paragraph II of the Constitution is hereby amended by striking said Paragraph II, which reads as follows: "Paragraph II. Program for Elderly Citizens. The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as stu dents by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph.", in its entirety. Section 4. Article VIII, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph (e) to read as follows: "(e) Any county board of education and the board of education of any countywide school district are authorized to expend education funds for the purpose of supporting any heretofore existing local retirement system covering employees of such board of edu cation and are vested with the authority to maintain and modify any such local retire ment system. When employer contributions to any such local retirement system have been paid heretofore, in whole or in part, from county funds, the continued use of county funds for such purpose is prohibited, and, hereafter, such employer contributions shall be paid from education funds as required by Article IX, Section V, Paragraph II, subparagraph 10 of this Constitution, notwithstanding any provisions to the contrary contained within any law relative to such heretofore existing local retirement system. No authority granted to a board of education by this paragraph shall operate to prohibit the General Assembly from enacting any general law controlling the subject matter of this paragraph." Section 5. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of subparagraph 1 of paragraph (c) thereof the following: ", and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section V, Paragraph II, subparagraph 10 of this Article", so that when so amended said paragraph (c) shall read as follows: "(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution: 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authorityj and except as otherwise provided in Section IV, Paragraph II, subparagraph (16) and Section Vj Paragraph II, subparagraph 10 of this Article. 2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. TUESDAY, FEBRUARY 28, 1978 1963 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system." Section 6. Article IX, Section II, Paragraph II of the Constitution is hereby amended by striking therefrom the following: "retirement or pension systems,", so that when so amended said Paragraph II shall read as follows: "Paragraph II. Salary of County Employees; How Fixed. The governing author ity of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement er pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees." Section 7. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding immediately following subparagraph (15) thereof a new subparagraph (16) to read as follows: "(16) The power to maintain and modify heretofore existing retirement or pension systems and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees." Section 8. Article IX, Section IV, Paragraph III of the Constitution is hereby amended by adding immediately preceding the period appearing at the end of said Para graph III the following: "or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution", so that when so amended said Paragraph III shall read as follows: "Paragraph HI. Taxing Power and Contributions of Counties, Cities and Political Subdivisions Restricted. The General Assembly shall not authorize any county, municipal corporation or political subdivision of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or asso ciation, or to appropriate money for, or to loan its credit to, any corporation, company, association, institution or individual except for purely charitable purposes. This restric tion shall not operate to prevent the support of schools by municipal corporations within their respective limits or to prevent the expenditure of any public funds of a political subdivision for the purposes set forth in Article X, Section I of this Constitution." Section 9. Article IX, Section V, Paragraph II of the Constitution is hereby amended by striking subparagraph 10 thereof in its entirety and substituting in lieu thereof a new subparagraph 10 to read as follows: "10. To provide insurance, hospitalization benefits, workmen's compensation benefits and coverage under federal old-age and social security programs for its officers and employees, including elective county officers and their employees, and for employees of the county board of education and for the beneficiaries of any such officers and employ ees and to provide retirement and pension benefits as authorized under Section IV, Paragraph II, subparagraph (16) of this Article. The funds necessary for any benefits authorized herein for employees or county boards of education and their beneficiaries shall be paid from education funds." Section 10. Article X of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article X to read as follows: "ARTICLE X. RETIREMENT SYSTEMS AND STUDENT ASSISTANCE Section I. Retirement Systems Paragraph I. Expenditure of Public Funds Authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries. 1964 JOURNAL OF THE HOUSE, Paragraph II. Increasing Benefits Authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension sys tem wholly or partially supported from public funds. Paragraph III. Firemen's Pension System. The method of funding the Firemen's Pension System as set forth in the Act creating said System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, is continued until changed by law. Paragraph IV. Funding Standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without con current provisions for funding in accordance with the defined funding standards. Section II. Student Assistance Paragraph I. Student Assistance Programs Authorized, (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expended for any of the following purposes: (1) To provide grants, scholarships, loans, or other assistance to students for edu cational purposes. (2) To provide for a program of guaranteed loans to students for educational pur poses; to pay interest, interest subsidies and fees to lenders on such loans; and the General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program. (3) To match funds now or hereafter available for student assistance pursuant to any federal law. (4) To provide grants, scholarships, loans, or other assistance to State employees for educational purposes. (b) Contributions made in support of any student assistance program now or here after established under provisions of this Section may be deductible for State income tax purposes as now or hereafter provided by law. Paragraph II. Guaranteed Revenue Debt. Guaranteed revenue debt may be incur red to provide funds to make loans to students for educational purposes, to purchase loans made to students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section III of this Constitution. Paragraph III. Public Authorities. Public authorities or public corporations hereto fore or hereafter created for such purposes shall be authorized to administer student assistance programs, and, in connection therewith, may exercise such powers as may now or hereafter be provided by law. Paragraph IV. Waiver of Tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the State." Section 11. The following amendments to the Constitution of 1945 and to the Con stitution of 1877 which were continued in force and effect by Article XIII, Section I, Para graph II of the Constitution of 1976 are hereby repealed in their entirety: A. The amendment authorizing the General Assembly to enact laws authorizing Chatham County to create a retirement fund and a system of retirement pay for county employees which was ratified on June 8, 1937, and which is set forth in Georgia Laws 1937, pages 16-18. B. The amendment authorizing the General Assembly to enact laws authorizing Fulton County and the governing authorities of the schools of said county to create a retirement and pension fund and a system of retirement pay for county employees and for TUESDAY, FEBRUARY 28, 1978 1965 county school employees and to levy taxes for that purpose which was ratified on June 6, 1939, and which is set forth in Georgia Laws 1939, pages 39-41. C. The amendment authorizing the General Assembly to enact laws authorizing Richmond County to create a retirement or pension fund and a system of retirement or pension pay for county employees which was ratified on August 3, 1943, and which is set forth in Georgia Laws 1943, pages 48-51. D. The amendment extending coverage of the pension system authorized by the Con stitution for county employees in Fulton County to provide that the benefits of said pen sion system shall be available to all State, State and county and county officers, deputies and employees and the deputies of such officers whose salaries or wages are paid in whole or in part from the funds of Fulton County which was ratified on November 2, 1948, and which is set forth in Georgia Laws 1947, pages 1749-1751. E. The amendment authorizing the General Assembly, with respect to Bibb County, to enact laws constituting pension or retirement plans for all or any persons elected or appointed, or appointed by any elected or appointed official, whether or not a county or State officer, whose salary, wage or compensation is paid wholly or in part from the funds of Bibb County, which was ratified on November 7, 1950, and which is set forth in Georgia Laws 1950, pages 431-434. F. The amendment empowering the governing authority of Bibb County to adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or a State officer, whose salary, wage or compensation is paid wholly or in part by Bibb County, which was ratified on November 8, 1966, and which is set forth in Georgia Laws 1966, pages 881-883. G. The amendment authorizing an increase in retirement benefits of retired employ ees of the City of Griffin which was ratified on November 7, 1972, and which is set forth in Georgia Laws 1971, pages 935-936. H. The amendment authorizing an increase in retirement benefits of persons retired under the retirement system of the Board of Education for the City of Savannah and the County of Chatham which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1692-1693. I. The amendment authorizing the governing authority of Fulton County to provide from time to time for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system established for any employees of Fulton County which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1974, pages 1809-1811. J. The amendment authorizing the City Council of the City of East Point to provide by ordinance from time to time for the increase of retirement or pension benefits of retired persons who retired at any time prior to January 1, 1975, pursuant to any retire ment system, pension system or any similar system heretofore created by law or by the governing authority of the City of East Point and to authorize the City Council of said City to appropriate funds for such purpose, which was ratified November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1495-1496. K. The amendment providing that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any future such census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retire ment system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, which was ratified on November 5, 1974, and which is set forth in Georgia Laws 1973, pages 1493-1495. L. The amendment authorizing the governing authority of Floyd County to include within any retirement system or plan heretofore or hereafter created by such governing authority any or all persons, except elective county officers, whose compensation, or at least 50% thereof, is paid from the funds of Floyd County which was ratified on Novem ber 2, 1976, and which is set forth in Georgia Laws 1976, pages 1887-1888. M. The amendment authorizing the governing authority of the City of Marietta to provide for an increase in retirement benefits of retired employees of said City, which was 1966 JOURNAL OF THE HOUSE, ratified on November 2, 1976, and which is set forth in Georgia Laws 1976, pages 1872-1873. Section 12. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revi sion?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following amendment was read: Representatives Irvin of the 23rd and Smith of the 42nd move to amend the Commit tee substitute to SR 217 by striking lines 3 through 22 on page 3 and inserting in lieu thereof the following: "(e) Any county board of education and the board of education of any countywide school district are authorized to expend education funds for the purpose of supporting any heretofore existing local retirement system covering employees of such board of edu cation and, except as hereinafter provided, are vested with the authority to maintain and modify any such local retirement system. When employer contributions to any such local retirement system have been paid heretofore, in whole or in part, from county funds pursuant to the requirements of a local act of the General Assembly, the contin ued use of county funds for such purpose te authorized, and the control over such local retirement system shall continue to be vested in the General Assembly. The General Assembly may require employer contributions to such local retirement system to be paid from the education funds of the county board of education whose employees are covered under such local retirement system or may require that such employer contributions be paid from a combination of county funds and education funds in such manner as the General Assembly shall determine. No provision of this paragraph shall operate to prohibit the General Assembly from enacting any general law controlling the subject matter of this paragraph." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin N Anderson, W. Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. N Childere, E.M. N Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. Y Diion, H.D. Y Dover, Bill N Edwards, W. Y EUiott, E.H. N Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. Banner, B. Y Harris, B.B.,Sr. Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. TUESDAY, FEBRUARY 28, 1978 1967 N Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. N Housley, E. Y Hudson, Ted N Hutchinson, R.S. N Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. N Johnson, P. Y Johnson, W.Rud. N Johnston, J. y Jones, B. Y Jones, Herb Kaley, M Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Logan, H. N Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. N MuUinai, E.G. N Murray, B. Y Nessmith, P.E. N Nichols, M. Y NU, K. Noble, Bill Oldham, L. Y Owens, R.D. N Parham, B.E. Y Patten, G.C. Y Patten, R.L. N Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. N Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. N Scott, D. Y Sizemore, E. Y Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. Y Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom On the adoption of the amendment, the ayes were 66, nays 87. The amendment was lost. Y Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby N White, J. Whitmire, D. Williams, H.L. Y Williams, R. WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representatives Scott of the 123rd, Triplett of the 128th, and Gammage of the 17th move to amend the Committee substitute to SR 217 by adding the words "and veterans who qualify for GI Bill, " behind the word "State" on line 25, Paragraph IV, page 9. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. N Clifton, A.D. N Coleman, T. Collins, M. N Colwell, C.H. N Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill N Edwards, W. N EUiott, E.H. N Evans, W.D. Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. Hanner, B. N Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted N Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Jones, B. Y Jones, Hetb Kaley, M. Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy N Lane, Dick Lane, W.J. N Lee, WJ.(Bill) N Lenderman, M. N Linder, J. Logan, H. Y Long, W.K. N Looper, M. Lord, J. Lucas, D.E. Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Nessmith, P.E. N Nichols, M. Y NU, K. Noble, Bill N Oldham, L. Y Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. N Scott, D. N Sizemore, E. N Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. Y Twiggs, R. N Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby White, J. Whitmire, D. Williams, H.L. Y Williams, R. WiUiamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker 1968 JOURNAL OF THE HOUSE, On the adoption of the amendment, the ayes were 37, nays 111. The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. N Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Cannes, C. Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. N Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. N Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 139, nays 21. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. SB 425. By: Senator Kidd of the 25th: A BILL to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain trans actions affecting the State, approved February 13, 1956, so as to provide for exceptions under certain circumstances; to continue certain regulations; to pro vide for exceptions; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. TUESDAY, FEBRUARY 28, 1978 1969 Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), so as to provide for exceptions under certain circumstances; to continue cer tain regulations; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, 1956 (Ga. Laws 1956, p. 60), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 813), is hereby amended by inserting in Section 1 immediately follow ing the word "psychologist", wherever it appears in said Section, the following: "or registered nurse or licensed practical nurse", so that when so amended, Section 1 shall read as follows: "Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combination thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee, provided, that upon compliance with the conditions and procedures set forth hereinafter, a chaplain employed full time by the State, or a physician, dentist or psychologist or registered nurse or licensed practical nurse licensed by the State of Georgia, and employed full time by the State, may sell his services to another department, agency, commission or authority of the State, on a part-time basis. The exclusive procedure to be followed in such instances is as follows: (1) The chief executive officer of the department, agency, commission or authority which desires to obtain the services of a chaplain or a licensed physician, dentist or psy chologist or registered nurse or licensed practical nurse presently employed full time by another department, agency, commission or authority of the State, shall certify in writ ing the need for the services and set forth why the best interest of the State will be served by obtaining the part-time services of such a person in lieu of obtaining such ser vices from a person not presently employed by the State. (2) The chief executive officer of the department, agency, commission or authority presently employing the chaplain or licensed physician, dentist or psychologist or regis tered nurse or licensed practical nurse on a full-time basis, shall certify in writing that the person whose services are desired is available to perform such services, that the per formance of such services will not detract or have a detrimental effect on the perfor mance of said person's full-time employment, and where appropriate, that the part-time employment of such person by the department, agency, commission or authority desir ous of obtaining the services will be in the best interest of the State. (3) The departments, agencies, commissions or authorities, after having accomplished (1) and (2) above shall, by agreement, establish the procedures under which the employee shall perform the additional services. The agreement shall specify the means of employment, either as a part-time employee or as a consultant, the compensation, and other pertinent details and conditions of the employment relationship. The agreement shall be terminable at any time by either of the departments, agencies, commissions or authorities." Section 2. This Act shall in no way amend or repeal any statute or regulation promulgated pursuant thereto pertaining to the Merit System of Personnel Administra tion. Section 3. This Act shall not prevent the Georgia Building Authority from part-time employment of custodial and cleaning workers who work for other departments of State government. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 108, nays 2. 1970 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, by substitute,e. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1493 Mr. Speaker: Mr. President: Your Conference Committee on House Bill 1493 has met and recommends the follow ing: 1. That the Senate and House of Representatives both recede from their respective positions on House Bill 1493. 2. That the attached Conference Committee Substitute to House Bill 1493 be adopted. Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/Honorable Paul C. Broun Senator, 46th District /s/Honorable R. S. Hutchinson Representative 133rd District /s/Honorable Hugh A. Carter Senator, 14th District /s/Honorable B. B. Harris, Sr. Representative, 60th District /s/Honorable Horace E. Tate Senator, 38th District /s/Honorable Earleen Sizemore Representative, 136th District A BILL To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), so as to extend coverage to retired teachers; to provide for the financing of the health insurance plan for retired teachers; to provide for administrative costs; to delete certain language relating to rejection of coverage; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing the State Personnel Board to provide a health insur ance plan for public school teachers of the State of Georgia, approved February 27, 1975 (Ga. Laws 1975, p. 37), is hereby amended by adding a new Section 6A immediately fol lowing Section 6, to read as follows: "Section 6A. The contract or contracts shall provide for health insurance for retired public school teachers and their spouses and dependent children, as defined by the regu- TUESDAY, FEBRUARY 28, 1978 1971 lations of the board, under such terms as the board may deem appropriate. Such retired teachers shall pay premiums in the same amount and under the same conditions as teachers pay. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired teachers or may be appropriated tothe State Department of Education. The board shall adopt regulations prescribing the conditions under which a retired employee may elect to participate in or withdraw from the plan." Section 2. Said Act is further amended by striking subsection (b) of Section 12 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: "(b) All persons who become employees as defined in this Act, on or after the 'employer commencement date', and who are eligible as specified by rules and regula tions of the Board, shall as a condition of their employment become members of this health insurance plan authorized by this Act, except that, any such employee in State service pr r to the 'employer commencement date', who is otherwise eligible in accord ance with riles and regulations of the Board, shall have an option to elect coverage in rejecting such coverage." Section 3. (a) ''ection 1 of this Act shall become effective on January 1, 1979, in the event a constitutional amendment is ratified at the November 1978 general election authorizing the General Assembly to provide by law for a health insurance plan for retired public school teachers. In the event such amendment is not ratified, the cost of employees' and employers' contributions and the administration of providing such insurance may be assessed against such retired teachers. (b) Section 2 of this Act shall become effective upon the approval of this Act 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 hereby repealed. Representative Hutchinson of the 133rd moved that the report of the Committee of Conference on HB 1493 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y BUITUBS, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Horne, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. 1972 JOURNAL OF THE HOUSE, Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Whitmire, D. Williams, H.L. Y Williams, R. WilUamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker On the motion, the ayes were 152, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate: SB 437. By: Senators Starr of the 44th, Doss of the 52nd, and Sutton of the 9th: A BILL to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the inactive status of the license of the Real Estate Commis sioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 457. By: Senators Broun of the 46th, Lester of the 23rd, and Overby of the 49th: A BILL to amend an Act creating the State Commission on Compensation, approved March 18, 1971, so as to change the provisions relating to the assis tance given by the Commission to the General Assembly; to provide for meet ings of the Commission; to change the salary of the members of the Commission; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the State Commission on Compensation, approved March 18, 1971 (Ga. Laws 1971, p. 103), so as to change the provisions relating to the assistance given by the Commission to the General Assembly; to provide for meetings of the Commis sion; to provide for additional reports; to provide for additional bills; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the State Commission on Compensation, approved March 18, 1971 (Ga. Laws 1971, p. 103), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: "Section 1. A State Commission on Compensation hereby is established for the pur pose of assisting the General Assembly in setting the compensation of constitutional State officers including members of the General Assembly and each full-time heads chief executive officer of each State agencies, authorities, boarda, bureaus, commissions, com mittees and departments whose compensation is- set by- the Constitution, by krw er by Act of tite General Assembly executive branch board, bureau, commission, committee, department and agency." Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows: TUESDAY, FEBRUARY 28, 1978 1973 "Section 3. Members of the Commission shall take an oath to uphold the Constitution and laws of the United States and of the State of Georgia. asd ahall receive a salary of (|>fiO.U"J per Qo.y for cflcft dfly ot service find SUCH expenses s.nd Qllowonces white pep forming their duties ef- office as are refundable te- State cmploycca. Att While engaged in the performance of their duties, the members of the Commission shall receive the same allowances as are received by legislative members of legislative interim committees. Such allowances and all expenses incurred by the Commission in the performance of its duties shall be paid from funds available to the General Assembly. The Commission shall meet no more than thirty days during the year it is established and HO more than fifteen in any calendar yea^ thereafter." Section 3. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows: "Section 5. The Commission shall make a study of the compensation currently being paid by the State to all constitutional State officers including members of the General Assembly and aH each full-time heads chief executive officer of each State agencies, authorities, boards, bureaus, commissions, committees and deportments whose compcn sation is set by the Constitution, by- law- er- by- a Aet ef- the General Assembly executive branch board, bureau, commission, committee, department and agency and shall com pare such compensation with that currently being received by officers and employees serving in comparable positions with the federal government, the State of Georgia, other states, local governments, and in industry, business and the professions. In making this comparative study, the Commission shall utilize all available data pertaining to prevail ing market rates and relating to the costs and standards of living of persons in compara ble positions." Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows: "Section 6. The Commission shall file, as herein provided, a written report or reports based upon its studies in which a recommended compensation shall be stated for each constitutional State officer including members of the General Assembly and for each full-time head chief executive officer of the each State agencies, authorities, boarda, bureaus, commissions, committcca and departments whose compensation is set by the Constitution, by law er by Aet ef the General Assembly executive branch board, bureau, commission, committee, department and agency. A copy of said report or reports shall be filed with the Governor, Lieutenant Gover nor, Speaker of the House of Representatives, Clerk of the House of Representatives, Secretary of the Senate, Legislative Counsel, Chief Justice of the Supreme Court and Chief Judge of the Court of Appeals. 1 TIC L^OHUBlSSlOn 9flfl.ll pPCpftPe flllQ IllC It9 Ifiltlftl WFlttCR1 FCpOFt OH Of" DCIOFC tflC rifSt day ef any extraordinary session convened by- proclamation ef- the Governor er- othcrwioc during 1071. Thereafter the The Commission shall file a written said report or reports as herem provided each year at least thirty days prior to the convening of the General Assembly in regular session.^ at which the General Appropriations Bitt is- first considered. The written report or reports of the Commission shall be filed notwithstanding a deter mination by the Commission that no compensation increase or decrease is recommended. Whenever a written report or reports of the Commission's Compensation Plan is are filed as herein provided, a bill or bills shall be prepared suitable for introduction in either the Senate or House of Representatives containing the compensation recom mended by the Commission and such bill or bills shall be introduced at the next session of the General Assembly convening after the filing of said written report or reports. such bin relative te the Commission's Compensation Plan may be acted upon if included m the proclamation convening such extraordinary session. Stieh Any such bill and the compensation contained therein2 in order to become effective, shall receive the same number of readings and go through and be subject to the same procedure as required by the Constitution for any other bill. Provided, however, that the bill or bills relative to the Commission's Compensation Plan, whether introduced in the House or the 1974 JOURNAL OF THE HOUSE, Senate, or both, shall be automatically engrossed by both the House and the Senate, and any such bill shall not be changed in either the House or the Senate after its introduc tion." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y BUITUSS, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 28. By: Senators Tate of the 38th, Foster of the 50th, Kennedy of the 4th, Kidd of the 25th, Gillis of the 20th and others: A BILL to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to retirement benefits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: TUESDAY, FEBRUARY 28, 1978 1975 Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. N Burruss, A.L. N Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. Y Childera, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. N Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. N Deveaui, C. DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 148, nays 16. The Bill, having received the requisite constitutional majority, was passed. Representative Sizemore of the 136th stated that she had refrained from voting on the passage of SB 28 because of a conflict of interest. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. 1976 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. Representative Ware of the 68th District, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 467 Do Pass, by Substitute SB 468 Do Pass, by Substitute SB 530 Do Pass, by Substitute SB 531 Do Pass, by Substitute SB 606 Do Pass SB 474 Do Pass, by Substitute Respectfully submitted, Clifton of the 107th Secretary Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 543. By: Senator Kidd of the 25th: A BILL to amend an Act providing for a Board of Trustees of the Georgia Military College, approved August 1, 1922, so as to change the number and composition of the said Board of Trustees; to change the provisions relating to the appointment of election of the Board; to provide procedures connected with the forming of said Board; to provide for vacancies; to repeal a specific provision; and for other purposes. The following amendment was read and adopted: The State Planning and Community Affairs Committee moves to amend Senate Bill 543 as follows: By striking lines 25 and 26 of page 2 and adding the following: "Section 3: Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: 'Section 4: Be it further enacted that any citizen, male or female, of the City of Milledgeville shall be eligible to hold said office who is not less than 21 years of age and not more than 70 years of age.' Section 4: All laws and parts of laws in conflict with this Act are hereby repealed." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. TUESDAY, FEBRUARY 28, 1978 1977 Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y DUon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Iran, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Rons, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Truluck of the 86th stated that he had been called from the floor of the House when the roll was called on the passage of SB 543, as amended, but had he been present would have voted "aye" thereon. SB 259. By: Senators Johnson of the 34th, Doss of the 52nd, and Hudson of the 35th: A BILL to amend an Act to prohibit certain unauthorized transfers and reproduc tions of recorded material, approved Feb. 27, 1975, so as to change the penalty for violation of the provisions of the Act; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefleld, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. 1978 JOURNAL OF THE HOUSE, Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhiUips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 126, nays 3. The Bill, having received the requisite constitutional majority, was passed. SB 162. By: Senator Robinson of the 27th: A BILL to amend Code Section 68B-202, relat ing to persons who are exempt from obtaining or having drivers' licenses, so as to provide that certain members of the reserve components of the Armed Forces of the United States shall be exempt from the requirements of having a driver's license under certain circum stances; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Edwards, W. Y EUiott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. On the passage of the Bill, the ayes were 130, nays 0. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,.jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker TUESDAY, FEBRUARY 28, 1978 1979 The Bill, having received the requisite constitutional majority, was passed. SB 211. By: Senator Dean of the 6th: A BILL to amend an Act known as the "Ga. Admin istrative Procedure Act", so as to provide that the Board of Natural Resources shall conduct a hearing in the particular area affected by any rule or regulation relating to game and fish before the rule or regulation can be voted upon or become effective; and for other purposes. The following amendments were read and adopted: Representatives Triplett of the 128th and Jones of the 126th move to amend SB 211 by adding between lines 20 and 21 on page 1 a new Section 2A to read as follows: "Section 2A. Nothing in this Act shall be construed to require a hearing to be held prior to the opening or closing of any of the salt waters to commercial fishing with power-drawn nets.". Representative Rush of the 121st moves to amend SB 211 by placing a period on line 14, page 1 after the word "state" and by striking the rest of lines 14 and 15. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. Y Auten, D. Balkcom, R. N Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. Bumiss, A.L. N Burton, J. N Butler, D. N Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y CoUins, M. N Colwell, C.H. Connell, J. YN CCooox,peWr,.EB.. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. N Dover, Bill Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. N Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Horne, F. N Horton, G.T. Y Housley, E. N Hudson, Ted Hutchinson, R.S. N Irvin, J. Ylrvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) N Lenderman, M. N Linder, J. N Logan, H. Y Long, W.K. N Looper, M. Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. Noble, Bill Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. Y Patten, R.L. N Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. Scott, D. N Sizemore, E. Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swarm, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. N Twiggs, R. N Vaughn, C.R. Y Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. N Williams, R. WiUiamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 59, nays 83. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. 1980 JOURNAL OF THE HOUSE, Representative Phillips of the 120th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority, to SB 211, as amended. The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto: HB 1288. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize the Commissioner to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide for an effective date; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1288 by adding a new Section 2 as follows: "Section 2. Amend the 'Georgia Retailers' and Consumers' Sales and Use Tax Act' approved February 20, 1951 (Ga. Laws 1951, p. 360) by adding a new subparagraph (i) to Section 3(c)(2) to read as follows: (i) Sales of any religious paper in Georgia, owned and operated by religious insti tutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denominations when the net profits from such sales shall be used for purely charitable purposes, and no part of such net profits can inure to the benefit of any private person."; and By renumbering Sections 2 and 3 as Sections 3 and 4; and By adding on page 1, line 7, after the word "resale", the following: "to provide exemptions for sales by religious institutions;". The following amendment to the Senate amendment was read and adopted: Representative Burruss of the 21st moves to amend the Senate Amendment to H.B. 1288 as follows: By striking therefrom the following: "(i) Sales of any religious paper in Georgia, owned and operated by religious insti tutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denomi nations when the net profits from such sales shall be used for purely charitable pur poses, and no part of such net profits can inure to the benefit of any private person.", and substituting in lieu thereof the following: "(i) Sales of any religious paper in Georgia, owned and operated by religious insti tutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denomi nations when any such sale results from a specific charitable fund-raising activity and the number of days on which such activity occurs does not exceed 30 in any calendar year and when the gross sales or net profits from such sales shall be used for purely charitable purposes, and no part of such gross sales or net profits can inure to the bene fit of any private person; provided, as used herein, 'purely charitable purposes' means relief of the aged; church related youth activities; religious instruction or worship; and construction or repair of church buildings or facilities." TUESDAY, FEBRUARY 28, 1978 1981 Representative Burruss of the 21st moved that the House agree to the Senate amend ment, as amended by the House, to HB 1288. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Cames, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Matthews, D.R. On the motion, the ayes were 154, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker Representative Robinson of the 58th stated that because of a conflict of interest he refrained from voting on the motion to agree to the Senate amendment, as amended by the House, to HB 1288. HB 368. By: Representative Ham of the 80th: A BILL to amend an Act known as the "Ga. Fiscal Note Act", so as to provide a procedure for fiscal notes for bills having a significant impact on the anticipated revenue or expenditure level of any county or municipal corporation; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Fiscal Note Act," approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 533), so as to provide a procedure for fiscal notes for general bills having a significant impact on the anticipated revenue or expenditure level of counties and municipalities; to provide a time limit for the introduction of such bills; to repeal conflicting laws; and for other purposes. 1982 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Fiscal Note Act," approved April 25, 1975 (Ga. Laws 1975, p. 1568), as amended by an Act approved March 18, 1976 (Ga. Laws 1976, p. 533), is hereby amended by striking subsection (a) of Section 3 in its entirety and sub stituting in lieu thereof a new subsection (a) to read as follows: "(a) Any retirement bill must be introduced no later than the 10th day of any session. Any bill having a significant impact on the anticipated revenue or expenditure level of any State department, bureau, board, council, committee, commission or other State agency must be introduced no later than the 20th day of any session; except that fw the 1Q76 session any such biH may be introduced at any time. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must also be introduced no later than the 20th day of any session, and any such bill shall also be subject to the requirements of subsection (b) of this Section. Except for retirement bills, this Act shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Article III, Section VII, Paragraph IX of the Constitution. In the event any bill as provided hereinbefore is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category, and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this cate gory. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Ham of the 80th moved that the House agree to the Senate substitute to HB 368. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. TUESDAY, FEBRUARY 28, 1978 1983 Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 156, nays 0. The motion prevailed. HB 649. By: Representative Kilgore of the 65th: A BILL to amend Code Section 68B-215, relating to certain records to be kept by the Dept. of Public Safety concerning persons holding drivers' licenses, so as to authorize the Department to furnish a copy of an abstract of a driver's record to an insurance company or insurance agent under certain circumstances; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, so as to require that the Department of Public Safety shall furnish cer tain persons with abstracts of drivers' operating records who request such records in con nection with the underwriting of insurance involving the driver; to provide procedures connected therewith; to make it unlawful for certain persons to request abstracts of driv ers' records; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 68B-215, relating to records to be kept by the Department of Public Safety, is hereby amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The Department shall upon the request ef- a driver made m et manner to be pre- drivcr a certified abstract ef- that driver's operating record, furnish a certified abstract of a driver's operating record under the following circumstances: (1) In accordance with the written instructions of the driver upon whom the oper ating record has been made and compiled. (2) Pursuant to a written request, to a person who the Department has reason to believe intends to use the information in connection with the underwriting of insur ance involving the driver. The person who makes a written request for a driver's oper ating record shall identify himself, certify the purpose for which the record is sought, certify that the information contained in the record will be used for no other purpose and certify that he has on file an existing application for insurance executed within the past 60 days involving the driver or drivers. The abstract shall include an enumeration of any accidents in which the driver has been involved, convictions, information pertaining to financial responsibility, and any other information the Department may consider pertinent. The Department shall pre scribe a fee for furnishing such abstract; such fee net to exceed tea dollars, such fee- to cover the costs of administering this Section, such fee not to exceed $10.00. Subject to the provisions of subsection (d) of this Section, any person who submits a request for an abstract of a driving record other than one to which he is entitled pursuant to this Section and the rules and regulations promulgated by the Department pursuant hereto shall be punished upon conviction by net more than 1 months imprisonment er- a- fine net te exceed ene thousand dollars er both shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 1984 JOURNAL OF THE HOUSE, Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Kilgore of the 65th moved that the House agree to the Senate substi tute to HB 649. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, 3. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson. C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker On the motion, the ayes were 145, nays 1. The motion prevailed. HR 438-1274. By: Representatives Richardson of the 52nd, Beckham of the 89th, Hamilton of the 31st, Swann of the 90th, Knight of the 67th, Hawkins of the 50th, Sizemore of the 136th, and Taggart of the 125th: A RESOLUTION providing that the State Department of Human Resources, in cooperation with certain interested groups, shall formulate plans to set up service programs for displaced homemakers in rural and urban areas; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. R. 438-1274 as follows: By striking from line 3 of page 1 the following: "shall formulate", and inserting in lieu thereof the following: "may formulate". TUESDAY, FEBRUARY 28, 1978 1985 By striking from lines 8 through 11 of page 2 the following: "shall formulate a plan to set up pilot service programs for displaced homemakers in at least one rural area and at least one urban area of the State", and inserting in lieu thereof the following: "may formulate a plan for displaced homemakers". By striking from line 12 of page 2 the following: "such programs", and inserting in lieu thereof the following: "such a plan". By striking from line 28 of page 2 the following: "thirteen", and inserting in lieu thereof the following: "twelve". By adding on line 4 of page 3 after the following: "Persons", the following: "of Georgia". By adding on line 5 of page 3 after the following: "Association", the following: "of Georgia". By striking on lines 12 and 13 of page 3 the following: "Junior League of Atlanta, Junior League of DeKalb County, Inc.,", and inserting in lieu thereof the following: "Junior Leagues of Georgia,". By striking from lines 16 and 17 of page 3 the following: "Atlanta Branch of the American Association of University Women, and", and inserting in lieu thereof the following: "Parent-Teacher Association of Georgia, and". By striking from line 20 of page 3 the following: "shall complete the plan, required", and inserting in lieu thereof the following: "may complete a plan, referred to". By adding following line 23 on page 3 the following: 1986 JOURNAL OF THE HOUSE, "BE IT FURTHER RESOLVED that no plan adopted under the provisions of this Resolution shall be implemented and no funds or other resources shall be expended under said plan until the adoption, implementation and funding for such plan has been approved by the General Assembly of Georgia." Representative Richardson of the 52nd moved that the House agree to the Senate amendment to HR 438-1274. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gdunnage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Isakson, J. Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 141, nays 0. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto: SB 437. By: Senators Starr of the 44th, Doss of the 52nd, and Sutton of the 9th: A BILL to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to provide for the inactive status of the license of the Real Estate Commis sioner and all other employees of the Commission; to provide for additional grounds for revocation of real estate licenses; and for other purposes. Representative Johnson of the 72nd moved that the House recede from its position in amending SB 437. On the motion, the roll call was ordered and the vote was as follows: TUESDAY, FEBRUARY 28, 1978 Y Adams, G. Y Adams, Marvin Y Andereon, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y RalBton, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the motion, the ayes were 150, nays 0. The motion prevailed. 1987 Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 503. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the Department of Public Safety, approved March 19, 1937, so as to provide that the chief law enforcement officer of any municipality may request the assistance of members of the Georgia State Patrol in the prevention and detection of violations of the criminal laws and in the apprehension of those violating such laws; and for other purposes. The following amendment was read and adopted: Representative Coleman of the 118th moves to amend SB 503 by substituting a new Section 2 and renumbering appropriate sections. "Section 2. Said Act is further amended by adding at the end of the second para graph of Section 1 of Article III a new sentence to read as follows: 'Any head of a municipal or county fire department may request the assistance of the Georgia Bureau of Investigation to conduct and exercise its lawful powers and authorities in the investigation of any crime-related fires.'" The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. 1988 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connetl, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 258. By: Senator Doss of the 52nd: A BILL to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income; to change the provisions relating to the consideration given in cases of fire insur ance rates; to amend Code Chapter 56-10, relating to investments, as amended, so as to provide that an insurer may invest in certain secured and unsecured obligations; to provide for investments and the holding or owning of certain admitted assets; to provide for requirements in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 56-507, relating to the standards applicable to rates, is hereby amended by striking subsection (b) of Code Section 56-507, in its entirety, and inserting in lieu thereof a new subsection (b), to read as follows: TUESDAY, FEBRUARY 28, 1978 1989 "(b) Consideration shall be given, to the extent applicable, to past and prospective loss experience within and outside this State, to conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to past and prospec tive expenses both countrywide and those specially applicable to this State, to the insurer's average yield from investment income, and to all other factors, including judg ment factors, deemed relevant within and outside this State; and in the case of fire insurance rates, consideration may be given to the experience of the fire insurance busi ness during the most recent five-year period for which such experience is available. Consideration may also be given in the making and use of rates to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers." Section 2. Code Chapter 56-10, relating to investments, as amended, is hereby amended by adding to Code Section 56-1016, relating to investments by insurers in corpo rate bonds and debentures, as amended, a new subsection (4) thereto, which shall read as follows: "(4) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof (other than the obligations described in subsections (1) and (2) and (3) of this Section) which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must (i) consist of less than one hundred (100%) percent of the total obligation issued, (ii) must be able to be liquidated by the insurer within five (5) days from the date of a request by such insurer for the liquidation thereof, and (iii) notwithstanding the provi sions of Code Section 56-1027, an insurer's total investments in such obligations at any one time shall not exceed five (5%) percent of such insurer's admitted assets without the written approval of the Commissioner." Section 3. Said Code Chapter is further amended by adding at the end thereof a new Code Section 56-1042 to read as follows: "56-1042. Book-Entry Securities. Notwithstanding any other provisions of this Title which might be construed to the contrary, nothing contained in this Title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admit ted assets securities issued by the Treasury of the United States Government or by any agency or instrumentality of the United States Government or by any other institution so permitted under the provisions of this Title, which are not evidenced by certificates or instruments and related records issued to the insurer; provided (i) that a certificate evidencing the security and reciting the rights and obligations thereunder and the inter est of the insurer thereunder is maintained in an appropriate location as authorized by law or is deposited with and maintained by any depository system operated by a clear ing agency registered under the Securities and Exchange Act of 1934, (ii) that such securities are otherwise eligible for investment under this Title, and (iii) that such securities are either subject to or governed by the joint Federal Reserve-United States Treasury Department program relating to the utilization of book-entry record-keeping procedures with respect to the registration of securities or such other similar programs as may be approved by the Commissioner by appropriate order, rule or regulation." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: Representatives Childers of the 15th and Scott of the 123rd move to amend the Com mittee substitute to SB 258 by deleting Section 2 and Section 3 in their entirety and renumbering Sections 4 and 5 to Sections 2 and 3. On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: 1990 JOURNAL OF THE HOUSE, N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle. Joe Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J. Y Carnea, C. Carrell, B. N Cason, G. N Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davia, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Dover, Bill Edwards, W. Y EUiott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. Y Hatcher, C.F. N Hawking, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Horne, F. Y Horton, G.T. N Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Kilgore, T.M. N Knight, N.G. Y Lambert, Roy Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. N Linder, J. N Logan, H. Long, W.K. Looper, M. N Lord, J. Y Lucas, D.E. Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. McDonald, L. Y McKinney, J.E. N Milford, B. Money, J. Y Mostiler, J.L. N Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Nichols, M. N Nil, K. Noble, Bill Oldham, L. Owens, R.D. Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Stone, R. N Swann, D. Y Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 57, nays 79. The amendment was lost. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Anderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Birdsong, K. N Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childere, E.M. Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. N Colwell, C.H. Connell, J. Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Deveaux, C. Y Diion, H.D. Y Dover, Bill Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. N Ham, B. N Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. N Lord, J. Y Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Money, J. N Mostiler, J.L. Y Mullinax, E.G. N Murray, B. N Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill TUESDAY, FEBRUARY 28, 1978 1991 Oldham, L. Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. N Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby N White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 101, nays 34. The Bill, having received the requisite constitutional majority, was passed, by substitute. SR 246. By: Senators Ballard of the 45th, Tysinger of the 41st, Stephens of the 36th, and Hill of the 29th: A RESOLUTION changing the scheduled termination of the Employment Agency Advisory Council; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Back, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveauz, C. Diion, H.D. Y Dover, Bill Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Under, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 415. By: Senator Reynolds of the 48th: A BILL to amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved 1992 JOURNAL OF THE HOUSE, March 27, 1968, so as to change certain provisions relating to visibility of speed detection devices; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1777. By: Representative Ware of the 68th: A BILL to create the Downtown West Point Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown West Point District; to authorize the Authority to issue revenue bonds; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1777 as follows: By adding following the word "foregoing" on line 9 of page 1 the following: "; to provide an effective date". By striking from line 18 of page 4 the following: "tangible", and inserting in lieu thereof the following: "real". By renumbering Section 8 as Section 9. By adding, following Section 7, a new Section 8 to read as follows: "Section 8. This Act shall become effective on November 10, 1978, only if an amend ment to the Constitution authorizing the creation of a Downtown West Point Develop ment Authority is ratified at the general election in 1978, otherwise this Act shall be null and void." Representative Ware of the 68th moved that the House agree to the Senate amend ment to HB 1777. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 420. By: Senator Kidd of the 25th: A BILL to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide for def initions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of regis trars and deputy registrars; and for other purposes. TUESDAY, FEBRUARY 28, 1978 1993 The following Committee substitute was read: A BILL To amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide for definitions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of registrars and deputy registrars; to provide for registration cards; to pro vide for the keeping of registration cards and other papers, voter registration places and office hours; to provide for the examination of registration cards and registration; to pro vide for the filing of disqualification lists with registrars; to provide for lists of electors; to provide for voting only from electors' list; to provide for changes of residence of elec tors; to provide for the equipment and arrangement of polling places; to provide for November elections; to provide for filing notices of candidacy; to provide for the giving of a notice of intent of write-in candidates; to provide for the qualification of candidates for party nominations; to provide for the form of ballot labels on voting machines; to provide for the preparation of voting machines; to provide for the repair of voting machines; to provide for the form of ballot labels on vote recorders; to provide for reexamination of elector's qualifications; to provide for regulations to be enforced at polling places; to pro vide for lists of electors and voter's certificates; to provide for the duties of poll officers after the close of polls; to provide for the signing and disposition of returns, electors lists and voter's certificates, and posting of cards of instruction and notices, penalties and examination of voting machines; to provide for the disposition of returns; to provide for returns in districts in which vote recorders are used; to provide for application for absen tee ballots; to provide for the keeping and depositing of ballots; to provide for the delivery of ballots and other documents to the clerk of superior court; to replace the words "Judge of the Probate Court" with the word "superintendent" throughout said Title, except where the context requires otherwise; to prohibit certain persons from serving as poll watchers; to provide for requirements for voter registration places; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Georgia Code Section 34-103, concerning definitions used in the Georgia Election Code, is hereby amended by deleting subsection (ac) in its entirety and the fol lowing is substituted in lieu thereof: "(ac) The word 'superintendent' shall mean the Judge of the Probate Court of a county or the county board of elections if a county has such;". Section 2. Georgia Code Section 34-103, concerning definitions used in the Georgia Election Code, is hereby amended by adding thereto a new subsection (ah) which shall read as follows: "(ah) The 'call', as used in relation to special elections or primaries, shall mean the affirmative action taken by the responsible public officer to cause a special election or primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action." Section 3. Georgia Code Section 34-303, concerning the preservation of records, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-303. Preservation of records. All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of ene year at least twenty-four (24) months and then the same may be destroyed unless otherwise provided by law." Section 4. Georgia Code Section 34-404, concerning the preservation of records, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-404. Preservation of records. All primary and election documents in the office of the Judge ef th Probate Court election superintendent of each county shall be pre- 1994 JOURNAL OF THE HOUSE, served therein for a period of ee yea* at least twenty-four (24) months and then the same may be destroyed unless otherwise provided by law." Section 5. Georgia Code Section 34-603, concerning county registrars, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: "(a) The judge of the superior court in each county or the senior judge, in time of service, in those counties having more than one judge, shall appoint quadrennially, upon the recommendation of the grand jury of such county, three not less than three nor more than five judicious, intelligent and upright electors of such county as county regis trars. The grand jury shall submit to the judge the names of six ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during his term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within thirty days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. The regis trars shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as hereinafter provided. Such judge will have the right to remove one or more of such registrars, at any time, for cause after notice and hearing. Any registrar shall have the right to resign at any time by sub mitting a resignation to such judge. In the event of any such removal or resignation of a registrar, his duties and authority as such shall terminate instanter. In case of the removal, death or resignation of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent and upright electors of such county, and the judge shall make his appointment from said list, such successor to serve the unexpired term of his predecessor in office. In the event the grand jury is in session at the time of any such death, removal or resignation, then such grand jury shall immedi ately submit the names of said electors to the judge for his appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as herein provided." Section 6. Georgia Code Section 34-605, concerning qualifications of registrars and deputy registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-605. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a County Board of Elections or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commis sioner or tax collector. Provided, nothing herein shall preclude a member of a County Board of Elections, a registrar or deputy registrar from holding political party or body office or serving as a presidential elector." Section 7. Georgia Code Section 34-608, concerning registration cards, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-608. Registration cards; supply; use. The registrars of the several counties shall obtain a supply of registration cards from the Secretary of State which shall be used by them in connection with the application of those persons seeking to register as electors. The governing authority ef- each county shall pay the costs of registration cards a4 other supplies from county funda." Section 8. Georgia Code Section 34-610, concerning the keeping of registration cards and other papers, voter registration places and office hours, is hereby amended by adding thereto a new subsection (d) which shall read as follows: TUESDAY, FEBRUARY 28, 1978 1995 "(d) Blank registration cards shall be numbered and shall be issued only to deputy registrars who shall give the chief registrar a receipt therefor. The chief registrar shall maintain such receipts as he does other voter registration records. Registration shall be conducted only at the main office of the board of registrars and at such additional places as have been designated by the chief registrar pursuant to this Code." Section 9. Georgia Code Section 34-613, concerning examination of registration cards and registration, is hereby amended by deleting subsection (b) in its entirety and the fol lowing is substituted in lieu thereof: "(b) Notwithstanding any other provision of this Chapter, if additional places for registration have been designated, the chief registrar shall designate one or more regis trars or one or more deputies, or any combination thereof, to act as a board of registrars for the purpose of taking applications for registration, examining applicants and register ing persons to vote at each place of registration. Applicants who are qualified shall be registered te vete at the time ef- application. Such application shall not be complete until approved by the board of registrars. While so acting, such registrar or registrars, or deputy or deputies, or combination thereof, shall have all the rights and powers and shall be subject to all the limitations that are applicable to the board of registrars." Section 10. Georgia Code Section 34-621, concerning filing of disqualification lists with registrars, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-621. Filing of disqualification lists with registrars. The clerk of the supe rior court of each county shall, on or before the 10th day of each month, prepare and file with the registrars a complete list, alphabetically arranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless such person has been pardoned and the right of suf frage restored to him. The Judge of the Probate Court of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of idiocy or insanity during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to individually identify persons having the same or similar names." Section 11. Georgia Code Section 34-623, concerning lists of electors, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-623. Filing of certified list with superior court clerk and Secretary of State; obtaining list from Secretary of State and board of registrars; arrangement of names; appearance of name on list as prerequisite to voting . Within three days after completing such list of electors, the registrars shall file with the clerk of the superior court of their county and Secretary of State a certified copy of such list. When requested, it shall be the duty of the Secretary of State or the board of registrars, as the case may be, to furnish a certified copy of such list, or any part thereof, upon payment of a fee sufficient to cover the cost of preparing such list, but in no event shall the fee exceed an amount equal to one cent one-quarter cent for the name of each elector appearing thereon. The list shall be alphabetically arranged by election districts and it shall be the list of electors for the November election to be held in such year. No person whose name does not appear on such list shall vote or be allowed to vote at such November election, except as hereinafter provided. Such lists of electors shall not be used by any person for commercial purposes." Section 12. Georgia Code Section 34-629, concerning voting from lists, is hereby deleted in its entirety and the following is substituted in lieu thereof: "34-629. Voting only from list. All persons whose names appear on the list of elec tors placed in the possession of the managers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered. Provided, however, nothing herein shall prevent the voting of elec- 1996 JOURNAL OF THE HOUSE, tors in one central location in the county if provisions are made in that central location for voters to vote in their roapcctivc election district at that central location as they otherwise would be permitted to vote in their respective election districts. Provided fur ther, however, at least one polling place shall be open in each election district during each primary and each election." Section 13. Georgia Code Section 34-631, concerning changes of residence of electors, is hereby amended by adding thereto a new subsection (e) which shall read as follows: "(e) Any elector who moves to a residence within the county but into a different elec tion district within 30 days prior to an election or a primary and fails to notify the board of registrars of such fact, may go to the office of the board of registrars, make a proper address change and receive a document authorizing the elector to vote in the new district of residence after which the elector shall not vote in the district of his former residence. The board of registrars shall take such measures as are necessary to insure that an elector so authorized to vote in a new district shall not be permitted to vote in the district of his former residence." Section 14. Georgia Code Section 34-708, concerning the equipment and arrange ment of polling places, is hereby amended by deleting subsection (a) in its entirety and the following is substituted in lieu thereof: "(a) The Judge ef- the Probate Court superintendent shall cause all rooms used as polling places to be suitably provided with heat and light, and, in districts in which bal lots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located if such booths have been designed S; nnn '-.........................................

OO -------------.......................... ........................!() b /,>UO Authority Lease Rentals ...................................... -----------...-.---.-..- Capital Outlior....................................;""""""""""""""""""""""""""""""""""* Total Funds Budgeted ................ "----------..................... Indirect DOAS Services Funding ---------------- State Funds Budgeted...................Z"'"""'""""""""""""""""""""""""""""^";" Total Positions Budgeted -----..-.......................................} 6,689,280 Julyl, 1 978 TUESDAY, FEBRUARY 28, 1978 2067 Total Positions Budgeted June 30, 1979 510 Passenger Carrying Motor Vehicles 18 4. West Central Georgia Regional Hospital Budget: Personal Services................--..............................................................................! 4,974,000 Regular Operating Expenses ...................................................................................$ 589,900 Travel..................................................,...........................................................................$ 9^000 Motor Vehicle Equipment Purchases .......................................................,................$ 6,500 Publications and Printing............................................................................................$ 4,650 Equipment Purchases...................................................................................................! 3^000 Computer Charges ......................................................................................................$ 75,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 60,000 Per Diem, Fees and Contracts..................................................................................! 24,000 Utilities.......................................................................................................................! 197,000 Postage..........................................................................................................................! 10,000 Authority Lease Rentals ......................................................................................$ 646,500 Total Funds Budgeted ..........................................................................................$ 6,599,550 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 6,299,950 Total Positions Budgeted July 1, 1978 493 Total Positions Budgeted June 30, 1979 436 Passenger Carrying Motor Vehicles 23 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services................................................................................-..................-! 6,616,000 Regular Operating Expenses ...................................................................................$ 585,500 Travel.................................................................................................-...........................! 8,000 Motor Vehicle Equipment Purchases........................................................................! 6,500 Publications and Printing................................................................-.......-...............! 1,500 Equipment Purchases...................................................-.-...---..-----.-..-.-....$ 10,400 Computer Charges........................................................-.......-......-----...........--..$ 85,000 Real Estate Rentals............................................-..-..----....................--.............--! -0- Telecommunications...........--.--......--...--.--..----.--------........................................$ 75,000 Per Diem, Fees and Contracts................................-.-.-...---------------------.$ 23,850 Utilities................................................................................--------------------$ 550,000 Postage..--...................-........................--..-------------.....................................-! 5,200 Capital Outlay ..---.....-....-.-..-..--.----.----.........................--$256,000 Authority Lease Rentals ...........-..-.-......-..-...-.----.----.---------.-$ 853,500 Total Funds Budgeted ....................-.-...-.-.-....-.--.----.----------$ 9,076,450 Indirect DOAS Services Funding....................................------.----------------------.! -0- State Funds Budgeted..........-.--------.--------------.--.------$ 7,820,850 Total Positions Budgeted July 1, 1978 648 Total Positions Budgeted June 30, 1979 596 Passenger Carrying Motor Vehicles 29 6. Gracewood State School and Hospital Budget: Personal Services......-..............-.------.-.-.-..-.------------* 17 '697 -000 Regular Operating Expenses............................ ...----------------------$ 1,884,100 Travel.........................----.-.---------.-------------------------..----$ 9,800 2068 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases..............................................-.--...................$ 17,300 Publications and Printing................................................................-----------------$ 14,600 Equipment Purchases.............................................................------------------------$ 40,000 Computer Charges.......................................-------------------------------------$ 55,000 Real Estate Rentals...........................................................------------------......----$ -0- Telecommunications............................................................--............................----$ 170,000 Per Diem, Fees and Contracts--....................--.--------.----...--------------------$ 153,800 Utilities..................................................................................--..--..............--..--$790,000 Postage...................................................................................................--------------$ 12,500 Capital Outlay........................................................................................................----$-0- Authority Lease Rentals ......................................................................................$ 117,000 Total Funds Budgeted...................................................................................--$ 20,961,100 Indirect DOAS Services Funding..................................................................--.--.--$ -0- State Funds Budgeted.........................................................................................$ 11,892,100 Total Positions Budgeted July 1, 1978 1,755 Total Positions Budgeted June 30, 1979 1,755 Passenger Carrying Motor Vehicles 89 7. Southwestern State Hospital Budget: Personal Services.................................................................................--.--..--.$ 9,476,000 Regular Operating Expenses ................................................................................$ 1,017,100 Travel............................................................................................................................$ 12,000 Motor Vehicle Equipment Purchases......................................................................? 38,000 Publications and Printing............................................................................................$ 2,700 Equipment Purchases.................................................................................................$ 35,500 Computer Charges ......................................................................................................$ 90,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 72,000 Per Diem, Fees and Contracts..................................................................................! 46,200 Utilities-- ...................................................................................................................$ 375,000 Postage.........................................................................................................................$ 9,000 Total Funds Budgeted ........................................................................................$ 11,173,500 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................! 9,848,500 Total Positions Budgeted July 1, 1978 920 Total Positions Budgeted June 30, 1979 920 Passenger Carrying Motor Vehicles 45 8. Georgia Retardation Center Budget: Personal Services..................................................................................................$ 10,098,000 Regular Operating Expenses ................................................................................$ 2,012,000 Travel..............................................................................................................................$ 9,200 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 5,800 Equipment Purchases...................................................................................................! 5,200 Computer Charges --..--..........................................................................................$ 100,000 Real Estate Rentals....--..................................................................................................! -0Telecommunications.................................................................... ............................$ 132,000 Per Diem, Fees and Contracts..................................................................................! 60^700 Utilities-...................----.......--.--..........................................................................$ 604,100 Postage............................................................................................................................! 7,000 Authority Lease Rentals ......................................................................................$ 794,000 Total Funds Budgeted.............--......................................................................$ 13,828,000 Indirect DOAS Services Funding...................................................................................! -0- TUESDAY, FEBRUARY 28, 1978 2069 State Funds Budgeted...........................................................................................$ 9,168,000 Total Positions Budgeted July 1, 1978 990 Total Positions Budgeted June 30, 1979 9 19 Passenger Carrying Motor Vehicles 34 9. Georgia Mental Health Institute Budget: Personal Services....................................................................................................! 6,338,000 Regular Operating Expenses ...................................................................................$ 757,750 Travel............................................................................................................................$ 10,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 8,800 Equipment Purchases.................................................................................................! 46,500 Computer Charges ......................................................................................................$ 93,000 Real Estate Rentals..........................................................................................................$ -0- Telecommunications........................... ......................................................................$ 170,000 Per Diem, Fees and Contracts................................................................................$ 475,800 Utilities.......................................................................................................................$ 675,000 Postage............................................................................................................................! 9,500 Authority Lease Rentals ..........................................................................................$ 450,000 Capital Outlay ..........................................................................................................$ 31,500 Total Funds Budgeted ..........................................................................................$ 9,065,850 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 8,555,850 Total Positions Budgeted July 1, 1978 513 Total Positions Budgeted June 30, 1979 515 Passenger Carrying Motor Vehicles 20 10. Central State Hospital Budget: Personal Services..................................................................................................$ 48,250,000 Regular Operating Expenses ................................................................................$ 6,573,230 Travel............................................................................................................................! 17,000 Motor Vehicle Equipment Purchases......................................................................! 56,700 Publications and Printing..........................................................................................! 18,070 Equipment Purchases.......................................................-.......-...............................* 101,000 Computer Charges ..................................................................................----------! 345,000 Real Estate Rentals ................................................................-............................-............$ -0Telecommunications.-......-.---...--...-...---....--".----.."--"-! 420,000 Per Diem, Fees and Contracts.........................................................-.........-...........! 121,000 Utilities................................................................................--..-.----..----$ 2,100,000 Postage............................-........-...-...-....-..--.....-..----.--.-------------.--$ 40,000 Authority Lease Rentals ...................................................--...--------...--.$ 669,000 Total Funds Budgeted .........................................----------....--------..--.$ 58,711,000 Indirect DOAS Services Funding..-.........---..---....---------------------.--! -0State Funds Budgeted.......................-......--------.............--..--..---.--.$47,563,039 Total Positions Budgeted July 1, 1978 4,612 Total Positions Budgeted June 30, 1979 4.612 Passenger Carrying Motor Vehicles 153 11. State Youth Development Centers Budget: Personal Services.....-.......-..---...--..--.-------------------------------! 6,875,100 2070 JOURNAL OF THE HOUSE, Regular Operating Expenses ......................... ..................--..------ --------.$ 1,051,600 Motor Vehicle Equipment Purchases ...................................................................--$ 10,500 Publications and Printing.... ....... ....... --..--...-- ....... ....... --..------ ------------ --------$ 200 Equipment Purchases-- ...... .------.-- ...... ..------.----------.------------------$ 19.000 Computer Charges.........................................................---- ........................ ...------$ 8,000 Real Estate Rentals................................................................................---.--------! -0- Telecommunications.----..........--.. ...... .......... ....... ....... ....--.-- ......... ---- ..------------! 78,700 Per Diem, Fees and Contracts......................................................... ............. ............$ 74,900 Utilities.......................................................................................-....-...........---- ....$450,000 Postage.....................................................................................................--------- .$ 16,600 Total Funds Budgeted ..................................................................................----.a 8,591,600 State Funds Budgeted...................................................................................----.! 8,294,600 Total Positions Budgeted July 1, 1978 641 Total Positions Budgeted June 30, 1979 641 Passenger Carrying Motor Vehicles 93 12. Regional Youth Development Centers Budget: Personal Services....................................................................................... .............$ 3,199,000 Regular Operating Expenses ...................................................................................$ 538,920 Travel.....................--...................................................................................................$ 7,500 Motor Vehicle Equipment Purchases........................................................................! 6,800 Publications and Printing...............................................................................................! 350 Equipment Purchases.................................................................................................! 15,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 37,800 Per Diem, Fees and Contracts..................................................................................! 48,000 Utilities.........-...........................................................................................................! 230,000 Postage............................................................................................................................! 6,000 Capital Outlay...........................................................................................................! 810,000 Grants to County-Owned Detention Centers....................................................................................................................! 250,000 Reserve for Eastman RYDC................................................................................$ 180,000 Total Funds Budgeted ...... ...... ...... ........................................................................$ 5,329,970 State Funds Budgeted...........................................................................................! 5,194,970 Total Positions Budgeted July 1, 1978 329 Total Positions Budgeted June 30, 1979 329 Passenger Carrying Motor Vehicles 28 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services....................................................................................,...............! 5,407,000 Regular Operating Expenses ............ .......................................................................! 136,950 Travel................................................................................ .$ 27,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing....................................................... .........."'"...... ..TM].. ...........$ -0- Equipment Purchases................................................ .....! _Q- Computer Charges...............................................................^'"^ |"~^ "']"^~~... ....'.,,..$ -0- Real Estate Rentals................................................ ... .........''.....'.'.'.'.'".'.'.'...'".'.'.'.'"".......$ 68,600 Telecommunications............................................. $ 4;200 Per Diem, Fees and Contracts....................................................... ......................! 2,399^600 TUESDAY, FEBRUARY 28, 1978 2071 Utilities...........................................................................................................................! 5,800 Outpatient Pharmaceuticals....................................................................................$ 770,000 Drug Abuse Contracts ...........................................................................................$ 1,295,200 Developmental Disability Service Chiefs ........................................................................................................$ 400,000 Day Care Centers for the Mentally Retarded...........................................................................................$ 28,341,633 Purchase of Mini-buses for MR Day Care Centers..........................................................................................$ 350,000 Group Homes for the Mentally Retarded.............................................................................................! 1,876,000 Supportive Living Benefits...................................................................................! 1,454,000 Supportive Living Staff ...........................................................................................$ 249,000 Foster Grandparents.................................................................................................! 337,000 Community Residential Services .........................................................................$ 1,101,000 Community Residential Services Staff .........................................................................................................$ 525,000 Community Mental Health Center Services.................................................................................................! 32,275,598 Project Rescue .......................................................................................................$ 182,500 Total Funds Budgeted........................................................................................! 77,206,381 Agency Funds.......................................................................................................! 41,789,878 State Funds Budgeted.........................................................................................! 35,416,503 Total Positions Budgeted July 1, 1978 382 Total Positions Budgeted June 30, 1979 382 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 3,684,000 ! 3,613,374 248 Mental Retardation Community Assistance Central Pharmacy Odyssey ! 1,152,800 $ 99,800 ! 65,400 ! 1,152,800 73 $ 99,800 5 ! 26,160 4 Synthesis Treatment Center $ 226,250 $ 84,500 14 Tenth Street Treatment Center $ 216,800 ! 80,720 13 Little Five Points Treatment Center ! 218,700 ! 81,480 15 Central Intake ! 176,700 $ 64,680 10 Outpatient Pharmaceuticals $ 770,000 $ 770,000 0 Developmental Disability Service Chiefs ! 400,000 ! 400,000 0 Group Homes for the Mentally Retarded ! 1,876,000 $ 1,876,000 0 Day Care Centers for the Mentally Retarded ! 28,217,173 $ 12,717,173 0 2072 JOURNAL OF THE HOUSE, Purchase of Mini-buses for MR Day Care Centers Supportive Living Foster Grandparents Community Residential Services Project Rescue Drug Abuse Contracts Community Mental Health Center Services Undistributed Total $ 350,000 $ 1,559,000 $ 157,000 $ 1,606,000 $ 182,500 $ 1,295,200 $ 31,707,097 $ 3,245,961 $ 77,206,381 $ 350,000 0 i 1,372,250 0 $ 157,000 0 > 1,606,000 0 $ 45,625 0 $ 170,883 0 $ 7,502,097 0 $ 3,245,961 0 $ 35,416,503 382 14. Community Youth Services Budget: Personal Services....................................................................................................! 4,641,645 Regular Operating Expenses ...................................................................................$ 305,425 Travel..........................................................................................................................$ 244,600 Motor Vehicle Equipment Purchases ......................................................................$ 11,000 Publications and Printing...............................................................................................$ 300 Equipment Purchases...................................................................................................$ 4,275 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..................................................................................................! 205,410 Telecommunications.................................................................................................! 131,750 Per Diem, Fees and Contracts........................................................................................! -0- Utilities.........................................................................................................................! 28,040 Postage............................................................................................................................! 8,890 Child Care Benefits .................................................................................................$ 10,000 Total Funds Budgeted ..........................................................................................$ 5,591,335 State Funds Budgeted...........................................................................................! 3,418,765 Total Positions Budgeted July 1, 1978 394 Total Positions Budgeted June 30, 1979 394 Passenger Carrying Motor Vehicles 21 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes ! 571,160 ! 571,160 45 Attention Homes ! 96,910 ! 96,910 2 Day Centers ! 404,080 ! 404,080 28 Community Treatment Centers $ 970,480 ! 469,060 70 Court Services 5 3,006,150 ! 1,428,370 217 Runaway Apprehension $ 173,645 ! 80,275 12 Interstate Compact ! 46,770 $ 46,770 3 Undistributed i 322,140 $ 322,140 17 Total > 5,591,335 $ 3,418,765 394 TUESDAY, FEBRUARY 28, 1978 2073 Budget Unit Object Classes: Personal Services................................................................................................$ 140,795,664 Regular Operating Expenses ..............................................................................$ 17,515,175 Travel..........................................................................................................................$ 385,650 Motor Vehicle Equipment Purchases................................................................................................................! 200,800 Publications and Printing..........................................................................................$ 66,470 Equipment Purchases..............................................................................................-! 323,475 Computer Charges .................................................................................................$ 1,089,000 Real Estate Rentals ..................................................................................................$ 278,210 Telecommunications..............................................................................................! 1,559,450 Per Diem, Fees and Contracts.............................................................................! 3,769,050 Utilities....................................................................................................................! 6,718,415 Postage........................................................................................................................! 145,290 Capital Outlay........................................................................................................! 1,680,980 Authority Lease Rentals .......................................................................................$ 4,930,000 Grants to County-Owned Detention Centers.................................................................................................! 250,000 Reserve for Eastman RYDC....................................................................................! 180,000 Outpatient Pharmaceuticals....................................................................................! 770,000 Drug Abuse Contracts ...........................................................................................$ 1,295,200 Developmental Disability Services Chiefs.......................................................................................................! 400,000 Day Care Centers for the Mentally Retarded...........................................................................................! 28,341,633 Purchase of Mini-buses for MR Day Care Centers..........................................................................................! 350,000 Group Homes for the Mentally Retarded.............................................................................................! 1,876,000 Supportive Living Benefits...................................................................................! 1,454,000 Supportive Living Staff...........................................................................................! 249,000 Foster Grandparents.................................................................................................! 337,000 Community Residential Services.........................................................................! 1,101,000 Community Residential Services Staff.........................................................................................................! 525,000 Community Mental Health Center Services.................................................................................................! 32,275,598 Project Rescue...........................................................................................................! 182,500 Child Care Benefits....................................................................................................! 10,000 Total Positions Budgeted July 1, 1978 13,276 Total Positions Budgeted June 30, 1979 13,065 Passenger Carrying Motor Vehicles 586 Provided, that of the above appropriation relating to Capital Outlay, $839,480 is desig nated and committed for Fire Marshal renovations at Savannah Regional Hospital (!308,480), Atlanta Regional Hospital (!275,000), and Northwest Regional Hospital ($256,000). Provided, that of the above appropriation relating to Capital Outlay, !31,500 is desig nated and committed for the construction of a Maintenance facility at the Georgia Mental Health Institute. It is the intent of this General Assembly that of the above appropriation relative to Regional Youth Development Centers, $20,000 is for the initial operational costs of a Regional Youth Development Center in DeKalb County. 2074 JOURNAL OF THE HOUSE, Provided, that of the above appropriation relating to Community Mental Health Cen ters, Day Care Centers for the Mentally Retarded and Group Homes for the Mentally Retarded, payments shall be made only to service providers who maintain compliance with the reporting requirements of the Department of Human Resources. Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $19,460 is for equipping the Carroll County Center. Provided, that of the above appropriation relating to Capital Outlay, $810,000 is desig nated and committed for the construction of a Regional Youth Development Center at Lawrenceville, Georgia. Provided that of the above appropriation related to MR Day Training Contracts in the MH/MR Community Services Activity, $5,000 is designated and committed for renovations at the MR Day Training Center of Meriwether County. Section 28. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade..................................................................................................$ 7,261,982 1. Industry Budget: Personal Services.......................................................................................................$ 455,333 Regular Operating Expenses .....................................................................................$ 15,400 Travel............................................................................................................................$ 41,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 2,000 Equipment Purchases...................................................................................................$ 5,100 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts...............................................................................$ 12,000 Total Funds Budgeted .............................................................................................$ 531,333 State Funds Budgeted..............................................................................................$ 531,333 Total Positions Budgeted 24 2. Research Budget: Personal Services.......................................................................................................$ 250,000 Regular Operating Expenses .....................................................................................$ 20,550 Travel..............................................................................................................................$ 2,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 32,000 Equipment Purchases......................................................................................................$ 925 Computer Charges ......................................................................................................$ 14,150 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts .................................................................................$ 2,000 Total Funds Budgeted .............................................................................................$ 322,325 State Funds Budgeted..............................................................................................$ 322,325 Total Positions Budgeted 16 3. Tourism Budget: Personal Services....................................................................................................$ 1,135,000 Regular Operating Expenses ...................................................................................$ 277,900 Travel............................................................................................................................$ 69,000 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing........................................................................................$ 155,400 Equipment Purchases.................................................................................................$ 10,571 Computer Charges ........................................................................................................$ 7,500 Real Estate Rentals ..........................................................................................................$ -0Telecommunications.....................................................................................................$ 5,000 Per Diem, Fees and Contracts..................................................................................$ 52,200 TUESDAY, FEBRUARY 28, 1978 2075 Local Welcome Center Contracts .............................................................................$ 75,230 Capital Outlay .............................................................................................................$ 61,130 Historic Chattahoochee Commission Contract ..........................................................................................$ 35,000 Total Funds Budgeted ..........................................................................................$ 1,883,931 State Funds Budgeted...........................................................................................! 1,883,931 Total Positions Budgeted 101 4. Internal Administration Budget: Personal Services.......................................................................................................! 439,702 Regular Operating Expenses ...................................................................................$ 208,589 Travel............................................................................................................................$ 17,000 Motor Vehicle Equipment Purchases ......................................................................$ 19,500 Publications and Printing..........................................................................................$ 50,000 Equipment Purchases...................................................................................................$ 1,650 Computer Charges ........................................................................................................$ 7,500 Real Estate Rentals ..................................................................................................$ 167,052 Telecommunications...................................................................................................! 90,000 Per Diem, Fees and Contracts..................................................................................! 18,000 Postage........................................................................................................................! 162,000 Georgia Ports Authority Authority Lease Rentals ...................................................................................$ 2,790,000 Georgia Ports Authority General Obligation Bond Payments ............................................................................................................$ 500,000 Total Funds Budgeted..........................................................................................! 4,470,993 State Funds Budgeted...........................................................................................! 3,180,993 Total Positions Budgeted 25 5. International Budget: Personal Services.......................................................................................................! 173,000 Regular Operating Expenses .....................................................................................$ 43,100 Travel............................................................................................................................! 40,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases..................................................................................................-! 2,350 Computer Charges........................................................................................................! 9,500 Real Estate Rentals....................................................................................................! 29,900 Telecommunications...................................................................................................! 14,000 Per Diem, Fees and Contracts ............................................................................$ 191,550 Total Funds Budgeted.............................................................................................! 515,400 State Funds Budgeted.............................................................................................-! 515,400 Total Positions Budgeted 9 6. Advertising Budget: Advertising .............................................................................................................$ 828,000 Total Funds Budgeted.............................................................................................! 828,000 State Funds Budgeted..............................................................................................! 828,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 2,453,035 Regular Operating Expenses...................................................................................! 565,539 Travel..........................................................................................................................! 170,200 Motor Vehicle Equipment Purchases......................................................................! 19,500 Publications and Printing........................................................................................! 251,400 Equipment Purchases.................................................................................................! 20,596 Computer Charges ......................................................................................................$ 38,650 Real Estate Rentals..................................................................................................! 196,952 2076 JOURNAL OF THE HOUSE, Telecommunications.................................................................................................! 109,000 Per Diem, Fees and Contracts................................................................................? 275,750 Postage........................................................................................................................? 162,000 Capital Outlay.............................................................................................................? 61,130 Local Welcome Center Contracts.............................................................................? 75,230 Advertising.................................................................................................................? 828,000 Georgia Ports Authority Authority Lease Rentals...................................................................................? 2,790,000 Georgia Ports Authority General Obligation Bond Payments................................................................................................................? 500,000 Historic Chattahoochee Commission Contract.............................................................................................? 35,000 Total Positions Budgeted 175 Passenger Carrying Motor Vehicles 10 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. B. Budget Unit: Authorities .............................................................................................$ -0- 1. Georgia World Congress Budget: Personal Services....................................................................................................? 1,836,867 Regular Operating Expenses...................................................................................? 686,380 Travel............................................................................................................................? 15,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 8,000 Equipment Purchases.................................................................................................? 50,000 Computer Charges...........................................................................................................? 720 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................$ 35,000 Per Diem, Fees and Contracts................................................................................? 102,800 Capital Outlay ..........................................................................................................$ 25,000 Total Funds Budgeted ..........................................................................................$ 2,759,767 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 106 2. Georgia Ports Authority Budget: Personal Services..................................................................................................? 12,727,000 Regular Operating Expenses and Computer Charges......................................................................................? 5,357,000 Travel..........................................................................................................................? 330,584 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay.............................................................................................? 4,578,049 Publications and Printing..........................................................................................? 75,000 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations..................................................................................? 1,290,000 Per Diem, Fees and Contracts................................................................................? 176,000 Other Debt-Service Payments.............................................................................$ 679,100 Total Funds Budgeted ........................................................................................$ 25,212,733 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 721 Budget Unit Object Classes: Personal Services..................................................................................................? 14,563,867 Regular Operating Expenses...................................................................................? 686,380 Travel..........................................................................................................................? 345,584 TUESDAY, FEBRUARY 28, 1978 2077 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 83,000 Equipment Purchases.................................................................................................$ 50,000 Computer Charges ...........................................................................................................$ 720 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 35,000 Per Diem, Fees and Contracts................................................................................$ 278,800 Capital Outlay .............................................................................................................$ 25,000 Regular Operating Expenses, Computer Charges..............................................................................................$ 5,357,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay.............................................................................................$ 4,578,049 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 1,290,000 Other Debt-Service Payments ................................................................................$ 679,100 Total Positions Budgeted 827 Passenger Carrying Motor Vehicles 36 It is the intent of this General Assembly that to the extent that gross income from oper ations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legis lative Budget Office at least two weeks prior to such application of funds. Section 29. Department of Labor. A. Budget Unit: Inspection Division.....................................................................$ 526,069 Inspection Division Budget: Personal Services.......................................................................................................$ 430,000 Regular Operating Expenses .....................................................................................$ 10,600 Travel............................................................................................................................! 70,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,500 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 7,969 Telecommunications.....................................................................................................$ 5,000 Per Diem, Fees and Contracts .................................................................................$ 1,000 Total Funds Budgeted .............................................................................................$ 526,069 State Funds Budgeted..............................................................................................$ 526,069 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services.......................................................................................................$ 430,000 Regular Operating Expenses .....................................................................................$ 10,600 Travel............................................................,...............................................................$ 70,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,500 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 7,969 Telecommunications .....................................................................................................$ 5,000 Per Diem, Fees and Contracts....................................................................................$ 1,000 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional 2078 JOURNAL OF THE HOUSE, Services, Comprehensive Employment and Training, and Unemployment Compensation Reserve Fund............................................................................................$ 2,380,071 1. Basic Employment Security and W.I.N. Budget: Personal Services..................................................................................................! 26,353,308 Regular Operating Expenses ................................................................................$ 3,316,506 Travel..........................................................................................................................$ 670,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 21,000 Equipment Purchases...............................................................................................! 215,000 Computer Charges ........................................................................................................$ 5,340 Real Estate Rentals. ..............................................................................................$ 1,227,902 Telecommunications.................................................................................................! 676,000 Per Diem, Fees and Contracts.............................................................................! 3,476,000 W.I.N. Grants .....................................................................................................$ 1,000,000 Total Funds Budgeted ........................................................................................$ 36,961,056 State Funds Budgeted...........................................................................................! 1,310,041 Total Positions Budgeted 1,632 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services....................................................................................................! 7,781,447 Regular Operating Expenses ................................................................................$ 2,018,831 Travel..........................................................................................................................! 350,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 15,000 Equipment Purchases.................................................................................................! 75,000 Computer Charges ........................................................................................................$ 1,471 Real Estate Rentals....................................................................................................! 86,484 Telecommunications.................................................................................................! 150,000 Per Diem, Fees and Contracts (CETA)..............................................................................................! 2,030,000 CETA Direct Benefits ....................................................................................$ 80,000,000 Total Funds Budgeted........................................................................................! 92,508,233 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 450 3. Correctional Services Budget: Personal Services.......................................................................................................! 937,684 Regular Operating Expenses.....................................................................................! 24,846 Travel............................................................................................................................! 29,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges...........................................................................................................! 189 Real Estate Rentals....................................................................................................! 27,511 Telecommunications...................................................................................................! 16,600 Per Diem, Fees and Contracts...............................................................................$ 34,200 Total Funds Budgeted ..........................................................................................$ 1,070,030 State Funds Budgeted...........................................................................................! 1,070,030 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services..................................................................................................! 35,072,439 Regular Operating Expenses................................................................................! 5,360,183 Travel.......................................................................................................................! 1,049,000 TUESDAY, FEBRUARY 28, 1978 2079 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 36,000 Equipment Purchases...............................................................................................$ 290,000 Computer Charges........................................................................................................! 7,000 Real Estate Rentals ...............................................................................................$ 1,341,897 Telecommunications .................................................................................................$ 842,600 Per Diem, Fees and Contracts (CETA) ..............................................................................................$ 2,030,000 Per Diem, Fees and Contracts.............................................................................! 3,510,200 W.I.N. Grants .........................................................................................................$ 1,000,000 CETA Direct Benefits.........................................................................................$ 80,000,000 Total Positions Budgeted 2,144 Passenger Carrying Motor Vehicles 0 Section 30. Department of Law. Budget Unit: Department of Law ............................,.......................................$ 2,694,820 Attorney General's Office Budget: Personal Services....................................................................................................$ 2,447,000 Regular Operating Expenses ...................................................................................$ 149,800 Travel............................................................................................................................$ 70,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 27,000 Equipment Purchases.................................................................................................! 17.020 Computer Charges ...........................................................................................................$ 200 Books for State Library.............................................................................................! 39,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 60,000 Per Diem, Fees and Contracts..................................................................................! 30,000 Capital Outlay ..................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 2,840,020 State Funds Budgeted...........................................................................................! 2,694,820 Total Positions Budgeted 109 Budget Unit Object Classes: Personal Services....................................................................................................! 2,447,000 Regular Operating Expenses...................................................................................! 149,800 Travel............................................................................................................................! 70,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 27,000 Equipment Purchases.................................................................................................! 17,020 Computer Charges...........................................................................................................! 200 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 60,000 Per Diem, Fees and Contracts..................................................................................! 30,000 Books for State Library.............................................................................................! 39,000 Capital Outlay...................................................................................................................! -0- Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 1 For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, steno graphic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. 2080 JOURNAL OF THE HOUSE, Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services ..................................................................$ 132,546,852 1. Commissioner's Office Budget: Personal Services.......................................................................................................$ 414,765 Regular Operating Expenses .....................................................................................$ 49,455 Travel............................................................................................................................$ 40,300 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 532 Equipment Purchases...................................................................................................$ 1,760 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 28,100 Telecommunications...................................................................................................! 10,400 Per Diem, Fees and Contracts...............................................................................$ 62,500 Total Funds Budgeted .............................................................................................$ 607,812 State Funds Budgeted..............................................................................................$ 220,878 Total Positions Budgeted 22 2. Administration Budget: Personal Services.......................................................................................................$ 673,702 Regular Operating Expenses ...................................................................................$ 119,739 Travel..............................................................................................................................! 4,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 10,500 Equipment Purchases...................................................................................................$ 9,660 Computer Charges.............................................................................................................$ -0- Real Estate Rentals....................................................................................................? 66,500 Telecommunications...................................................................................................$ 26,600 Per Diem, Fees and Contracts ............................................................................$ 250,000 Total Funds Budgeted ..........................................................................................$ 1,161,301 State Funds Budgeted..............................................................................................? 522,101 Total Positions Budgeted 52 3. Program Management Budget: Personal Services.......................................................................................................? 679,000 Regular Operating Expenses ...................................................................................$ 146,800 Travel..............................................................................................................................$ 4,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 30,000 Equipment Purchases.................................................................................................? 10,300 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 46,500 Telecommunications...................................................................................................? 21,900 Per Diem, Fees and Contracts..................................................................................? 80,000 Contracts for Hospital Audits.................................................................................? 185,000 Contracts for Nursing Home and Dental Audits.................................................................................................? 600,000 Contract with Georgia Medical Care Foundation ............................................................................................$ 1,300,000 Total Funds Budgeted ..........................................................................................? 3,104,400 State Funds Budgeted...........................................................................................? 1,441,500 Total Positions Budgeted 47 4. Operations Budget: Personal Services....................................................................................................? 1,560,000 TUESDAY, FEBRUARY 28, 1978 2081 Regular Operating Expenses ...................................................................................$ 526,500 Travel..............................................................................................................................$ 2,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 15,200 Equipment Purchases.................................................................................................! 26,600 Computer Charges .................................................................................................$ 6,871,000 Real Estate Rentals ....................................................................................................$ 88,400 Telecommunications...................................................................................................! 57,900 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 9,147,700 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds .........................................................................................................$ 6,896,699 State Funds Budgeted...........................................................................................$ 2,251,001 Total Positions Budgeted 124 5. Benefits Payments Budget: Medicaid Benefits ..............................................................................................$ 394,583,629 Payments to Counties for Mental Health ..............................................................................................$ 4,000,000 Adult Emergency Dental Services...................................................................$ 3,300,000 Total Funds Budgeted ......................................................................................$ 401,883,629 State Funds Budgeted.......................................................................................! 128,111,372 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 3,327,467 Regular Operating Expenses ...................................................................................$ 842,494 Travel............................................................................................................................! 51,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 56,232 Equipment Purchases.................................................................................................! 48,320 Computer Charges.................................................................................................! 6,871,000 Real Estate Rentals..................................................................................................! 229,500 Telecommunications.................................................................................................! 116,800 Per Diem, Fees and Contracts................................................................................! 392,500 Medicaid Benefits..............................................................................................! 394,583,629 Payments to Counties for Mental Health....................................................................................................! 4,000,000 Adult Emergency Dental Services.......................................................................! 3,300,000 Contracts for Hospital Audits.................................................................................! 185,000 Contracts for Nursing Home and Dental Audits.................................................................................................! 600,000 Contract with Georgia Medical Care Foundation.................................................................................! 1,300,000 Total Positions Budgeted 245 Passenger Carrying Motor Vehicles 5 It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contemplated in this appropriation, but that pay ment for restorative dental services and orthodontic services shall not generally be made from this appropriation. Section 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments............................................................---...............$ 2,907,364 2082 JOURNAL OF THE HOUSE, 1. Applicant Services Budget: Personal Services.......................................................................................................$ 563,580 Regular Operating Expenses .....................................................................................$ 15,500 Travel............................................................................................................................$ 4,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 35,300 Equipment Purchases...................................................................................................$ 5,100 Computer Charges ....................................................................................................$ 247,000 Real Estate Rentals ......................................................................................................$ 1,650 Telecommunications.....................................................................................................? 9,300 Per Diem, Fees and Contracts ..................................................................................$ 20,000 Postage ......................................................................................................................$ 33,500 Total Funds Budgeted .............................................................................................$ 935,030 Agency Assessments .................................................................................................$ 935,030 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services.......................................................................................................? 351,000 Regular Operating Expenses .......................................................................................? 4,490 Travel..............................................................................................................................$ 3,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 9,270 Equipment Purchases...................................................................................................! 1,400 Computer Charges......................................................................................................! 85,600 Real Estate Rentals..........................................................................................................? -0- Telecommunications .....................................................................................................$ 5,100 Per Diem, Fees and Contracts....................................................................................! 5,000 Postage.........................................................................................................................$ 2,200 Total Funds Budgeted.............................................................................................! 467,560 Agency Assessments.................................................................................................? 467,560 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services.......................................................................................................! 291,000 Regular Operating Expenses.....................................................................................! 11,610 Travel..............................................................................................................................! 2,800 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing..........................................................................................! 12,600 Equipment Purchases...................................................................................................! 1,080 Computer Charges....................................................................................................! 121,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................? 4,200 Per Diem, Fees and Contracts........................................................................................! -0- Postage.........................................................................................................................$ 1,200 Total Funds Budgeted.............................................................................................! 445,490 Agency Assessments.................................................................................................? 437,140 Total Positions Budgeted 21 4. Employee Training and Development Budget: Personal Services.......................................................................................................? 281,879 Regular Operating Expenses.....................................................................................? 10,520 Travel..............................................................................................................................! 9,800 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing............................................................................................? 8,520 Equipment Purchases...................................................................................................? 2,900 TUESDAY, FEBRUARY 28, 1978 2083 Computer Charges ........................................................................................................$ 1,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 5,850 Per Diem, Fees and Contracts..................................................................................$ 88,500 Postage.........................................................................................................................$ 3,200 Total Funds Budgeted .............................................................................................$ 412,169 Agency Assessments .................................................................................................$ 357,169 Total Positions Budgeted 17 5. Health Insurance Administration Budget: Personal Services.......................................................................................................$ 209,000 Regular Operating Expenses .......................................................................................$ 5,200 Travel..............................................................................................................................! 1,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 3,900 Equipment Purchases...................................................................................................! 1,920 Computer Charges......................................................................................................! 10,350 Real Estate Rentals....................................................................................................! 17,100 Telecommunications...................................................................................................! 11,800 Per Diem, Fees and Contracts.............................................................................! 1,112,600 Postage ......................................................................................................................$ 14,000 Total Funds Budgeted ..........................................................................................! 1,386,870 Other Health Insurance Agency Funds........................................................................................................! 150,000 Employer and Employee Contributions......................................................................................................! 1,236,870 Total Positions Budgeted 14 6. Health Insurance Claims Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses...........................................................................................! -0- Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts........................................................................................! -0- Postage................................................................................................................................! -0- Health Insurance Claims................................................................................$ 35,469,000 Total Funds Budgeted........................................................................................! 35,469,000 Other Health Insurance Agency Funds.....................................................................................................! 4,800,010 Employer and Employee Contributions....................................................................................................! 30,668,990 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services.......................................................................................................! 282,922 Regular Operating Expenses.......................................................................................! 8,410 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 5,320 Equipment Purchases.................................................................................................! 16,850 Computer Charges....................................................................................................! 132,840 Real Estate Rentals..........................................................................................................! -0- 2084 JOURNAL OF THE HOUSE, Telecommunications .....................................................................................................$ 4,200 Per Diem, Fees and Contracts....................................................................................? 2,700 Postage............................................................................................................................! 1,140 Federal Sub-grants to State and Local Agencies .................................................................................$ 283,640 Total Funds Budgeted .............................................................................................$ 739,522 Agency Assessments .................................................................................................$ 388,552 Employer and Employee Contributions ..................................................................$ 34,370 Total Positions Budgeted 20 8. Commissioner's Office Budget: Personal Services.......................................................................................................$ 295,311 Regular Operating Expenses .......................................................................................$ 9,300 Travel............................................................................................................................$ 10,300 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 6,600 Equipment Purchases......................................................................................................? 780 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications.....................................................................................................? 5,300 Per Diem, Fees and Contracts..................................................................................! 60,000 Postage.........................................................................................................................$ 3,300 Total Funds Budgeted.............................................................................................? 390,891 Agency Assessments .................................................................................................? 321,913 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services....................................................................................................? 2,274,692 Regular Operating Expenses.....................................................................................? 65,030 Travel............................................................................................................................? 33,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 81,510 Equipment Purchases.................................................................................................? 30,030 Computer Charges....................................................................................................? 597,790 Real Estate Rentals....................................................................................................? 18,750 Telecommunications...................................................................................................? 45,750 Per Diem, Fees and Contracts.............................................................................? 1,288,800 Postage..........................................................................................................................? 58,540 Federal Sub-grants to State and Local Agencies.....................................................................................? 283,640 Health Insurance Claim Payments ...................................................................$ 35,469,000 Total Positions Budgeted 148 Passenger Carrying Motor Vehicles 0 Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................................................................................................$ 37,284,395 1. Internal Administration Budget: Personal Services....................................................................................................? 1,309,000 Regular Operating Expenses ...................................................................................$ 275,700 Travel............................................................................................................................? 19,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing........................................................................................? 140,000 Equipment Purchases.................................................................................................? 10,500 Computer Charges....................................................................................................? 132,700 Real Estate Rentals....................................................................................................? 21,000 Telecommunications...................................................................................................? 46,200 TUESDAY, FEBRUARY 28, 1978 2085 Per Diem, Fees and Contracts..................................................................................$ 34,000 Grants to the City of Atlanta ..........................................................................$ 1,500,000 Total Funds Budgeted ..........................................................................................$ 3,488,100 State Funds Budgeted...........................................................................................$ 3,488,100 Total Positions Budgeted 85 2. Information and Education Budget: Personal Services.......................................................................................................$ 502,000 Regular Operating Expenses .....................................................................................$ 97,960 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases ......................................................................$ 23,800 Publications and Printing........................................................................................$ 315,000 Equipment Purchases.................................................................................................! 33,000 Computer Charges ........................................................................................................$ 1,820 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................$ 28,000 Per Diem, Fees and Contracts....................................................................................! 8,900 Capital Outlay - Repairs and Maintenance .........................................................................................................$ 12,500 Total Funds Budgeted..........................................................................................! 1,037,980 State Funds Budgeted..............................................................................................! 888,980 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services....................................................................................................! 1,138,133 Regular Operating Expenses .....................................................................................$ 76,500 Travel............................................................................................................................! 50,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing..........................................................................................! 40,100 Equipment Purchases...................................................................................................! 3,060 Computer Charges......................................................................................................! 57,846 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 41,300 Per Diem, Fees and Contracts................................................................................! 131,500 Land and Water Conservation Grants..................................................................................................................! 8,500,000 Recreation Grants.....................................................................................................! 200,000 Youth Conservation Corps Grants.........................................................................! 100,000 Capital Outlay - Heritage Trust.............................................................................! 823,000 Contract - Special Olympics, Inc. .........................................................................$ 63,000 Total Funds Budgeted........................................................................................! 11,225,339 State Funds Budgeted...........................................................................................! 2,241,377 Total Positions Budgeted 60 4. Game and Fish Budget: Personal Services....................................................................................................! 7,385,502 Regular Operating Expenses ................................................................................$ 2,131,202 Travel............................................................................................................................! 99,698 Motor Vehicle Equipment Purchases................................................................................................................! 512,870 Publications and Printing.........................................................................................-! 36,400 Equipment Purchases...............................................................................................! 427,132 Computer Charges......................................................................................................! 32,250 Real Estate Rentals......................................................................................................! 2,649 Telecommunications.................................................................................................! 144,100 Per Diem, Fees and Contracts..................................................................................! 74,100 2086 JOURNAL OF THE HOUSE, Capital Outlay - Hatchery Renovation.............................................................................................................! 122,000 Capital Outlay - Repairs and Maintenance.....................................................................................................! 68,500 Capital Outlay........................................................................................................$ 205,491 Total Funds Budgeted ........................................................................................$ 11,241,894 State Funds Budgeted...........................................................................................! 9,022,732 Total Positions Budgeted 463 5. State Parks and Historic Sites Operations Budget: Personal Services....................................................................................................! 4,779,391 Regular Operating Expenses ................................................................................$ 2,517,400 Travel............................................................................................................................! 61,300 Motor Vehicle Equipment Purchases................................................................................................................! 180,400 Publications and Printing..........................................................................................! 48,800 Equipment Purchases...............................................................................................! 195,800 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,150 Telecommunications.................................................................................................! 145,700 Per Diem, Fees and Contracts..................................................................................! 60,300 Capital Outlay...........................................................................................................! 361,000 Capital Outlay - Repairs and Maintenance...................................................................................................! 600,000 Capital Outlay - Shop Stock...................................................................................! 200,000 Cost of Material for Resale.....................................................................................! 600,000 Authority Lease Rentals...................................................................................$ 2,533,000 Total Funds Budgeted ........................................................................................$ 12,290,241 State Funds Budgeted...........................................................................................! 9,450,241 Total Positions Budgeted 348 6. Geologic and Water Resources Research Budget: Personal Services.......................................................................................................! 696,690 Regular Operating Expenses ...................................................................................$ 122,174 Travel............................................................................................................................! 45,400 Motor Vehicle Equipment Purchases......................................................................! 28,000 Publications and Printing..........................................................................................! 27,500 Equipment Purchases.................................................................................................! 21,200 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 1,200 Telecommunications...................................................................................................! 12,040 Per Diem, Fees and Contracts................................................................................! 221,500 Contract with U.S. Geological Survey for Ground Water Resources Survey..................................................................................................! 184,125 Topographic Mapping United States Geological Survey......................................................................................! 375,000 Capital Outlay ..........................................................................................................$ 22,000 Total Funds Budgeted..........................................................................................! 1,756,829 State Funds Budgeted...........................................................................................! 1,460,829 Total Positions Budgeted 40 7. Environmental Protection Budget: Personal Services....................................................................................................! 5,542,214 Regular Operating Expenses ...................................................................................$ 309,534 Travel..........................................................................................................................! 216,900 TUESDAY, FEBRUARY 28, 1978 2087 Motor Vehicle Equipment Purchases..................................................................................................................$ 52,000 Publications and Printing..........................................................................................! 50,000 Equipment Purchases.................................................................................................! 44,000 Computer Charges ....................................................................................................$ 210,000 Real Estate Rentals ....................................................................................................$ 62,388 Telecommunications.................................................................................................! 102,000 Per Diem, Fees and Contracts................................................................................! 468,000 Solid Waste Grants...................................................................................................! 500,000 Water and Sewer Grants ..................................................................................$ 5,000,000 Total Funds Budgeted ........................................................................................$ 12,557,036 State Funds Budgeted...........................................................................................! 9,937,036 Total Positions Budgeted 296 8. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations..............................................................................................................! 499,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay ......................................................................................................$ 15,600 Total Funds Budgeted .............................................................................................$ 515,100 State Funds Budgeted..............................................................................................! 515,100 Total Positions Budgeted 0 9. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations............................................................................$ 130,000 Payments to Jekyll Island State Park Authority for Capital Outlay..................................................................................................................* 150,000 Total Funds Budgeted .............................................................................................$ 280,000 State Funds Budgeted..............................................................................................$ 280,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services.......................................................................--.....-.----$ 21,352,930 Regular Operating Expenses ............................................................................--$ 5,530,470 Travel..................................................................................................................-...$ 508,198 Motor Vehicle Equipment Purchases..............................................................................-.........................-.-.? 797,070 Publications and Printing....................................................--.--......................--$ 657,800 Equipment Purchases.............................................................----------------$ 734,692 Computer Charges................................-...............-.....-.............--.....-.----$434,616 Real Estate Rentals .............................-............-......-........-.-.---......-..-$ 94,387 Telecommunications.......................--..--.............................------------.------$ 519,340 Per Diem, Fees and Contracts.............................--...........---------------$ 998,300 Land and Water Conservation Grants..............................................................-..-.....-....-----....................! 8,500,000 Recreation Grants.........................----.--.....................................------.----------$ 200,000 Youth Conservation Corps Grants...........................................................------$ 100,000 Water and Sewer Grants ...............................................-.....-.------------$ 5,000,000 Solid Waste Grants....................................-.----..--.................................----$ 500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey .....................................--.......--------------------------$ 184,125 2088 JOURNAL OF THE HOUSE, Contract with U.S. Geological Survey for Topographic Maps.............................................................---------$ 375,000 Capital Outlay - Hatchery Renovation..............................................--..................................................... .......$ 122,000 Capital Outlay........................................................................................................-$588,491 Capital Outlay - Repairs and Maintenance......................................................................................------$ 681,000 Capital Outlay - Shop Stock ..........................................................................-...-$ 200,000 Capital Outlay - Heritage Trust..........................................................................-$ 823,000 Authority Lease Rentals .......................................................................................$ 2,533,000 Cost of Material for Resale ..................................................................................-$ 600,000 Payments to Lake Lanier Islands Development Authority for Operations........................................................................................................$ 499,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay ...................................................................................................$ 15,600 Payments to Jekyll Island State Park Authority for Operations............................................................................$ 130,000 Payments to Jekyll Island State Park Authority for Capital Outlay......................................................................................................................! 150,000 Grants to the City of Atlanta ..............................................................................$ 1,500,000 Contract - Special Olympics, Inc..............................................................................................................................$ 63,000 Total Positions Budgeted 1,327 Passenger Carrying Motor Vehicles 982 Provided, that no land shall be purchased for State park purposes from funds appropri ated under this Section or from any other funds without the approval of the State Prop erties Control Commission, except that land specifically provided for in this Section. Provided, however, that none of the above appropriation for Water and Sewer Grants shall be allotted to any county or municipality unless such county or municipality shall have reached its legally established bonding capacity. Provided, further, that no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and mainte nance of State Parks and Historic Sites facilities. Provided, that of the above appropriation, $63,000 is designated and committed for matching a minimum of $63,000 from other sources for the Georgia Special Olympics Pro gram. Provided, that in the above appropriation, State Parks and Historic Sites is directed to convert two (2) temporary positions to permanent status at Vogel State Park. Provided, however, that of the above appropriation relating to Grants to the City of Atlanta, it is the intent of this General Assembly that no more than 20% of the cost of restoring the Cyclorama, including relocation thereof, be paid from this appropriation, and that the Department of Natural Resources establish necessary controls and take such addi tional action as is necessary to insure compliance with this provision. Provided, further, that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama. Provided, that of the above appropriation relative to Water and Sewer Grants, $5,000,000 is designated and committed for grants to local governments for water and sewer projects, providing that the State grant is for a maximum of 50% of the total cost of the project. Provided, that of the above appropriation relative to Capital Outlay $35,000 is desig nated and committed for a group shelter at George L. Smith State Park. TUESDAY, FEBRUARY 28, 1978 2089 Provided, that of the above appropriation relative to Per Diem, Fees and Contracts, $10,000 is designated and committed for a consulting engineer to study Silver Lake Dam! Provided, further, that none of the above $10,000 shall be paid or encumbered prior to the acquisition of Silver Lake Dam by DeKalb County. Provided, that of the above appropriation relative to State Parks and Historic Sites, $7,500 is designated and committed for a feasibility study for a dam at Tired Creek. B. Budget Unit: Authorities ...........................................................................................,.$ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services.......................................................................................................$ 737,000 Regular Operating Expenses ...................................................................................$ 208,500 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases ......................................................................$ 12,500 Publications and Printing..........................................................................................! 75,000 Equipment Purchases.................................................................................................! 10,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 14,000 Per Diem, Fees and Contracts..................................................................................! 38,000 Capital Outlay........................................................................................--...............? 31,200 Promotion Expenses........................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,130,700 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 53 2. Jekyll Island State Park Authority Budget: Personal Services....................................................................................................$ 1,994,365 Regular Operating Expenses ..........................................................--.------? 1,080,700 Travel...-................................................................-......-...........-............................? 10,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 40,000 Equipment Purchases.................................................................................................? 80,000 Computer Charges........................................................................................................? 8,500 Real Estate Rentals.....................................................................................................-..? -0- Telecommunications .............................................................................-- ..................$ 22,000 Per Diem, Fees and Contracts..................................................................................? 75,000 Mortgage Payments.................................................................................................-? 150,300 Capital Outlay ......................................................................................................-.-$ 150,000 Promotion Expenses........----......--..............----------------------------------$ -0- Total Funds Budgeted ...................................-...........-.......-........----..-.----$ 3,610,865 Payments from the Department of Natural Resources.......................................-.....-....------...----......-...-$ 280,000 Other Funds...............................................................---------.-.-----------$ 3,330,865 Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services..............................................----...............--...--.------------? 2,731,365 Regular Operating Expenses........................................------------------$ 1,289,200 Travel.........................................................................................----------------$ 14,000 Motor Vehicle Equipment Purchases........................................----.--------.----$ 12,500 Publications and Printing..................................---------------------$ 115,000 Equipment............................................-.----....--..........--...--.------------$ 90,500 Computer Charges ............................................--------------------------$ 8,500 Real Estate Rentals....................--------------..........................--------------$ -0Telecommunications----...----.----.----------------------------------------------$ 36,000 Per Diem, Fees and Contracts.................--------------.................------$ 113,000 2090 JOURNAL OF THE HOUSE, Capital Outlay ........................................................................................-.-...-...-..-.-$ 181,200 Promotion Expense--.--.------......................----------.------------------S -0- Mortgage Payments.............................................................-.--........................--$ 150,300 Total Positions Budgeted 273 Passenger Carrying Motor Vehicles 91 Section 34. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation................................................................................-.....^ 64,726,646 1. General Administration and Support Budget: Personal Services...............................................................-.----.....-..-..........-$ 2,862,722 Regular Operating Expenses ...................................................................................$ 230,495 Travel..........................................................................................-.......------....--.$ 77,860 Motor Vehicle Equipment Purchases................................----.................--...--.--..--$ -0- Publications and Printing..........................................................................................? 22,000 Equipment Purchases...................................................................................................? 6,970 Computer Charges ....................................................................................................$ 316,000 Real Estate Rentals ..................................................................................................$ 212,900 Telecommunications.................................................................................................$ 108,500 Per Diem, Fees and Contracts...........-..........-.......................................--------$ 338,300 Utilities.....................................................................................................................-..-.$ -0- Total Funds Budgeted ..........................................................................................$ 4,175,747 State Funds Budgeted...........................................................................................$ 4,147,782 Total Positions Budgeted 191 2. Georgia Training and Development Center Budget: Personal Services.......................................................................................................! 807,000 Regular Operating Expenses ...................................................................................$ 109,900 Travel..............--............................................................................................................$ 1,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.................................................................................................$ 12,700 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 10,400 Per Diem, Fees and Contracts..................................................................................$ 18,600 Utilities...........................................................................................,,...,,....................$ 70,000 Total Funds Budgeted ..........................................................................................$ 1,029,700 State Funds Budgeted...........................................................................................$ 1,029,700 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services....................................................................................................$ 2,871,383 Regular Operating Expenses ...................................................................................$ 427,033 Travel...........................................................................................................................$ 3,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 700 Equipment Purchases.................................................................................................$ 36,109 Computer Charges.............................................................................................................$ -0- Real Estate Rentals.......................................................1...-----Z-Z--'-............$ 31 Telecommunications.................................................................... ..............$ 26,400 Per Diem, Fees and Contracts....................................................................................$ 6,200 Utilities........................................................................ '" $ 300,000 Total Funds Budgeted..........................................................................................$ 3,671,656 TUESDAY, FEBRUARY 28, 1978 2091 State Funds Budgeted...........................................................................................} 3,671,656 Total Positions Budgeted 231 4. Georgia Diagnostic and Classification Center Budget: Personal Services....................................................................................................} 3,273,068 Regular Operating Expenses ...................................................................................$ 503,928 Travel..............................................................................................................................} 2,300 Motor Vehicle Equipment Purchases............................................................................} -0- Publications and Printing...............................................................................................} 500 Equipment Purchases.................................................................................................} 79,910 Computer Charges.............................................................................................................} -0- Real Estate Rentals..........................................................................................................} -0- Telecommunications...................................................................................................} 32,600 Per Diem, Fees and Contracts..................................................................................} 12,100 Utilities ...................................................................................................................$ 267,700 Total Funds Budgeted..........................................................................................} 4,172,106 State Funds Budgeted...........................................................................................} 4,172,106 Total Positions Budgeted 279 5. Georgia State Prison Budget: Personal Services....................................................................................................} 5,915,037 Regular Operating Expenses ................................................................................$ 1,010,354 Travel..............................................................................................................................} 5,400 Motor Vehicle Equipment Purchases............................................................................} -0- Publications and Printing...............................................................................................} 500 Equipment Purchases.................................................................................................! 68,270 Computer Charges.............................................................................................................} -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................} 38,000 Per Diem, Fees and Contracts..................................................................................! 51,200 Utilities ...................................................................................................................$ 650,000 Total Funds Budgeted ..........................................................................................$ 7,738,761 State Funds Budgeted...........................................................................................! 7,716,761 Total Positions Budgeted 498 6. Consolidated Branches Budget: Personal Services.........................................................................................-..........! 3,483,119 Regular Operating Expenses ...................................................................................$ 516,709 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing...............................................................................................! 700 Equipment Purchases......................................................................--.--....................$ 60,414 Computer Charges..................................................................................--........................! -0- Real Estate Rentals .........................................................................--....--.--....! 21,660 Telecommunications..........................................................................! 45,000 Per Diem, Fees and Contracts..........................................................................-.....! 87,900 Utilities ...................................................................................................................$ 305,000 Total Funds Budgeted ..........................................................................................$ 4,528,502 State Funds Budgeted...............................................................................---.....! 4,202,502 Total Positions Budgeted 295 7. Lee Correctional Institution Budget: Personal Services........................................................................................ ...............$ 762,950 Regular Operating Expenses........................................................................--.....--! 121,610 Travel...............................................................................----.----............... .................$ 1,900 Motor Vehicle Equipment Purchases.............................................--.------.------! -0Publications and Printing..............................................--.--..................--------.----..! 100 2092 JOURNAL OF THE HOUSE, Equipment Purchases...............................................................................................$ 136,300 Computer Charges.................................................................................------...................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications..............................................................................------------$ 8,500 Per Diem, Fees and Contracts..................................................................................? 10,800 Utilities......................................................................................................................$ 97,000 Total Funds Budgeted ..........................................................................................$ 1,139,160 State Funds Budgeted...........................................................................................? 1,139,160 Total Positions Budgeted 83 8. Montgomery Correctional Institution Budget: Personal Services.......................................................................................................? 753,998 Regular Operating Expenses...................................................................................? 137,530 Travel..............................................................................................................................? 1,600 Motor Vehicle Equipment Purchases ............................................................................? -0- Publications and Printing...............................................................................................? 100 Equipment Purchases...................................................................................................? 9,500 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 11,200 Per Diem, Fees and Contracts..................................................................................? 13,600 Utilities......................................................................................................................$ 72,800 Total Funds Budgeted..........................................................................................? 1,000,328 State Funds Budgeted..............................................................................................? 985,328 Total Positions Budgeted 60 9. Walker Correctional Institution Budget: Personal Services.......................................................................................................? 778,261 Regular Operating Expenses...................................................................................? 134,840 Travel..............................................................................................................................? 2,400 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing...............................................................................................? 200 Equipment Purchases...................................................................................................? 6,600 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications..................... ..............................................................................$ 14,500 Per Diem, Fees and Contracts....................................................................................? 7,800 Utilities......................................................................................................................$ 57,000 Total Funds Budgeted..........................................................................................? 1,001,601 State Funds Budgeted..............................................................................................! 991,601 Total Positions Budgeted 65 10. Georgia Women's Correctional Institution Budget: Personal Services....................................................................................................$ 1,309,190 Regular Operating Expenses...................................................................................? 185,836 Travel..............................................................................................................................$ 2,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing...............................................................................................! 100 Equipment Purchases...................................................................................................! 3,000 Computer Charges.............................................................................................................! -0Real Estate Rentals......................................................................................................? 1,400 Telecommunications...................................................................................................! 13,900 Per Diem, Fees and Contracts........................................................................................! -0Utilities........................................................................""..... .."ZZ"Z................$ 126,000 Total Funds Budgeted..........................................................................................! 1,641,426 TUESDAY, FEBRUARY 28, 1978 2093 State Funds Budgeted...........................................................................................$ 1,641,426 Total Positions Budgeted 'l!7 11. West Georgia Community Correctional Center Budget: Personal Services....................................................................................................! 1,543,000 Regular Operating Expenses ...................................................................................$ 209,303 Travel..............................................................................................................................$ 2,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 100 Equipment Purchases.................................................................................................$ 16,376 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................... .............................................................$ 13,000 Per Diem, Fees and Contracts..................................................................................$ 17,400 Utilities ...................................................................................................................$ 118,000 Total Funds Budgeted ..........................................................................................$ 1,919,179 State Funds Budgeted...........................................................................................! 1,919,179 Total Positions Budgeted 138 12. Georgia Earned Release Correctional Center Budget: Personal Services....................................................................................................! 2,484,611 Regular Operating Expenses ...................................................................................$ 320,051 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 500 Equipment Purchases.................................................................................................$ 46,332 Computer Charges.............................................................................................................$ -0- Real Estate Rentals .........................................................................................................$ 660 Telecommunications...................................................................................................! 33,200 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities...............................................................................................................................! -0- Payments to Central State Hospital for Utilities................................................-.............-.........................-! 175,500 Total Funds Budgeted ..........................................................................................$ 3,074,854 State Funds Budgeted...........................................................................................! 3,074,854 Total Positions Budgeted 219 13. Macon Community Correctional Center Budget: Personal Services.......................................................................................-...........-! 1,272,422 Regular Operating Expenses...................................................................................! 163,339 Travel...................................................................................................-..........-.........-.....! 3,000 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing.......................................................--.....................................$ 300 Equipment Purchases...................................................................................................! 6,150 Computer Charges.........................................--.....--------------------------------! -0- Real Estate Rentals.................................................-....-...----------------------! -0- Telecommunications ............................................----............................... ................$ 11,300 Per Diem, Fees and Contracts........................................--.----------....------! 12,750 Utilities...................................................................--------.------------.----.$ 126,000 Total Funds Budgeted....................................................................--....----.-$ 1,595,261 State Funds Budgeted.....................--.....----.--......................----.--.------! 1,595,261 Total Positions Budgeted 129 14. Talmadge Memorial Hospital Unit Budget: Personal Services...........................................................--..-.-..----------------$220,000 2094 JOURNAL OF THE HOUSE, Regular Operating Expenses .....................................................................................$ 10,000 Travel...................................................................................-..-.-------------? 300 Motor Vehicle Equipment Purchases.........................................................--.--------$ -0- Publications and Printing............................................------------.------.------$ -0- Equipment Purchases...........................................................----.----................------$ -0- Computer Charges...........................................................................--------.......------$ -0- Real Estate Rentals.............................................................................................-....-...! -0- Telecommunications..............................................................................................----.....$ -0- Per Diem, Fees and Contracts.........................................................................------.--..? -0- Utilities................................................................................................................----.-...$ -0- Total Funds Budgeted .............................................................................................$ 230,300 State Funds Budgeted..............................................................................................! 230,300 Total Positions Budgeted 20 15. Central Institutional Administration Budget: Personal Services.......................................................................................................? 368,600 Regular Operating Expenses .....................................................................................$ 24,180 Travel............................................................................................................................? 18,200 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................$ -0- Equipment Purchases...................................................................................................? 1,100 Computer Charges.............................................................................................................? -0- Real Estate Rentals ......................................................................................................$ 5,400 Telecommunications...................................................................................................? 15,700 Per Diem, Fees and Contracts........................................................................................? -0- Utilities ........................................................................................................................$ 2,400 Total Funds Budgeted .............................................................................................$ 435,580 State Funds Budgeted..............................................................................................$ 435,580 Total Positions Budgeted 18 16. Central Funds Budget: Personal Services...............................................................................................................! -0Regular Operating Expenses .....................................................................................$ 20,150 Travel............................................................................................................................$ 53,940 Motor Vehicle Equipment Purchases....................................................................! 591,200 Publications and Printing........................................................................................! 110,400 Equipment Purchases...................................................................................................! 2,345 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.........................................................................................................$ -0Per Diem, Fees and Contracts..................................................................................! 93,000 Utilities...............................................................................................................................! -0- Authority Lease Rentals ..........................................................................................$ 840,000 Overtime.......................................................................................................................! 30,000 Court Costs................................................................................................................! 200,000 Inmate Release Funds..............................................................................................! 360,000 County Subsidy ......................................................................................................$ 4,759,600 Outside Health Service Purchases................................................................................................................! 341,000 Payments to Talmadge Memorial Hospital................................................................................................! 795,000 Central Repair Fund ................................................................................................$ 450,000 Payments to Central State Hospital for Medical Services.....................................................................................................$ 600,000 Capital Outlay.......................................................................................................$ 500,000 Total Funds Budgeted.........-..............................................................................$ 9,746,635 TUESDAY, FEBRUARY 28, 1978 2095 State Funds Budgeted.........................,.................................................................$ 9,586,635 Total Positions Budgeted 0 17. Training and Staff Development Center Budget- Personal Services.......................................................................................................$ 230,500 Regular Operating Expenses .....................................................................................$ 59,320 Travel............................................................................................................................$ 42,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,000 Equipment Purchases...................................................................................................! 1,650 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 24,000 Telecommunications.............................................................................................,.......$ 7,500 Per Diem, Fees and Contracts..................................................................................! 27,000 Utilities ........................................................................................................................$ 7,920 Total Funds Budgeted .............................................................................................$ 400,890 State Funds Budgeted..............................................................................................! 188,440 Total Positions Budgeted 18 18. D.O.T. Work Details Budget: Personal Services.......................................................................................................! 107,476 Regular Operating Expenses .......................................................................................$ 3,672 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals .....................................................--...............--..............----..$ -0- Telecommunications........................................................................................................! -0- Per Diem, Fees and Contracts.................................................----.................................$ -0- Utilities......................................................................-..-....................................................$ -0- Total Funds Budgeted .............................................................................................$ 111,148 State Funds Budgeted...................................................................................-................! -0- Total Positions Budgeted 15 19. Food Processing and Distribution Budget: Personal Services..................................................................-----.--.----* 1,050,000 Regular Operating Expenses................................................................................$ 2,812,033 Travel..............................-.....-..--...-....-.-------..----........................................$ 3,200 Motor Vehicle Equipment Purchases..............................................................--..------! -0Publications and Printing..........----..............................................................................! 500 Equipment Purchases......................................----------------------------$ 122,464 Computer Charges.................----........................................................................--.....----! -0- Real Estate Rentals.........................-----.------.--------------------$ -0Telecommunications..--....--....----..----------------------------------------$ 4,000 Per Diem, Fees and Contracts.........................----------------------------------$ -0Utilities--...............--.--.----..---.-------.........------------------$ -0- Payments to Central State Hospital for Meals.....................................--------------------------$ 907,133 Payments to Central State Hospital for Utilities--......------------.----.-----------.-------$ 7,500 Total Funds Budgeted...........................--.----------------------$ 4,906,830 State Funds Budgeted--..........---------.........--.--.-------.--------$ 4,708,300 Total Positions Budgeted 101 20. Farm Operations Budget: Personal Services--------------...........-.-.--------------------"* 325,055 2096 JOURNAL OF THE HOUSE, Regular Operating Expenses ................................................................................$ 1,956,311 Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases ....................................................................$ 104,000 Publications and Printing................................................................................................$ -0- Equipment Purchases...............................................................................................! 109,830 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................$ -0- Per Diem, Fees and Contracts....................................................................................! 4,600 Utilities...............................................................................................................................! -0- Capital Outlay ..........................................................................................................$ 81,000 Total Funds Budgeted..........................................................................................! 2,580,796 State Funds Budgeted...........................................................................................! 2,568,796 Total Positions Budgeted 25 21. Probation Operations Budget: Personal Services....................................................................................................! 5,787,748 Regular Operating Expenses...................................................................................! 167,097 Travel..........................................................................................................................$ 247,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,300 Equipment Purchases.................................................................................................! 68,090 Computer Charges.............................................................................................................! -0- Real Estate Rentals..................................................................................................! 136,103 Telecommunications.................................................................................................! 113,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ........................................................................................................................$ 5,400 Total Funds Budgeted..........................................................................................! 6,529,738 State Funds Budgeted...........................................................................................! 6,495,438 Total Positions Budgeted 453 22. Pre-release Centers Budget: Personal Services....................................................................................................! 1,535,000 Regular Operating Expenses...................................................................................! 195,000 Travel.......................................................................................................................! 17,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................$ 700 Equipment Purchases...................................................................................................! 6,500 Computer Charges........................................................................... ......$ _Q- Real Estate Rentals..................................................................................................if 240,000 Telecommunications...................................................................................................$ 31 000 Per Diem, Fees and Contracts..........................................................'....."""'^.."....$ 26,'oOO Utilities.....................................................................................ZZZZ'ZZ3$ 140,000 Total Funds Budgeted ............................................................,.............................$ 2,191,200 State Funds Budgeted...................................................... $ 2,191,200 Total Positions Budgeted ' '133 23. Restitution/Adjustment Centers Budget: Personal Services........"..."...".."..". """"".-.......................,..........................$ il,OHIIOQ,OZQoV* Kegular Operating Expenses...................................................................................! 254,762 Travel................................................... a. -, e'n^n Motor Vehicle Equipment Purchases....................................... $ 2s'oOO PEuqbuliipcmateionntsPaunrcdhPasreinst.i..n..g............................................ ~~" ................................! 1 >300 ~ """""".....................................................3) O/,/oU Computer Charges........................................ $ Q. RTeelaelcoEmstmatuenRiceantitoanlss......................................................................................................... .........................................TMg.^^'^^Q^^ TUESDAY, FEBRUARY 28, 1978 2097 Per Diem, Fees and Contracts..................................................................................! 25,400 Utilities.....................................................................................................................^ 81,000 Total Funds Budgeted ..........................................................................................$ 2,215,529 State Funds Budgeted...........................................................................................$ 1,913J53 Total Positions Budgeted 'l46 24. Andromeda Center Budget: Personal Services........................................................................--.........................$ 186,000 Regular Operating Expenses .....................................................................................$ 61,020 Travel..............................................................................................................................$ 3,300 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...........................----...........................................................! 300 Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 27,300 Telecommunications.....................................................................................................! 3,800 Per Diem, Fees and Contracts..................................................................................! 12,000 Utilities......................................................................................................................$ 10,000 Total Funds Budgeted .............................................................................................$ 303,720 State Funds Budgeted.....................................................,........................................! 121,488 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services..................................................................................................$ 39,440,427 Regular Operating Expenses ................................................................................$ 9,634,473 Travel..........................................................................................................................! 514,850 Motor Vehicle Equipment Purchases................................................................................................................$ 718,200 Publications and Printing........................................................................................$ 144,300 Equipment Purchases............................................................-..................................$ 858,390 Computer Charges .................................................................-..................................$ 316,000 Real Estate Rentals ..................................................................................................$ 881,404 Telecommunications......--.--.--.--..----.........------------------------------------$ 573,000 Per Diem, Fees and Contracts..................................----........................................$ 776,650 Utilities ............................................................................-.....................................$ 2,436,220 Payments to Central State Hospital for Meals ................................................................................................$ 907,133 Payments to Central State Hospital for Utilities.............................................................--..---------* 183,000 Overtime..................................----..--.-----..--------.................... .--------$30,000 Court Costs................................................................................................................ $200,000 Inmate Release Funds--...................................--.----------.----............................$ 360,000 County Subsidy..-....-......--..-.------------------....................................-..$4,759,600 Outside Health Service Purchases..........................--..--------------------------------.----..$341,000 Payments to Talmadge Memorial Hospital..........................--------..------------------------------$ 795,000 Central Repair Fund -...-.---.--------....------------------$ 450,000 Payments to Central State Hospital for Medical Services ...................................................-..............$ 60,000 Authority Lease Rentals -.-.--....-..-.---.-.-----------------$ 840,000 Capital Outlay..........----------------.....--..------.--------------$ 581,000 Total Positions Budgeted Passenger Carrying Motor Vehicles 3 ' 315 366 Provided, that of the above appropriation relating to the Central Repair Fund, $100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions. 2098 JOURNAL OF THE HOUSE, It is the intent of this General Assembly that, with respect to the Legal Services Pro gram for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new commu nity center programs with Federal funds without the prior approval of the General Assem bly of Georgia. Provided, that of the above appropriation relating to Capital Outlay, $300,000 is desig nated and committed to renovate the bathrooms at Georgia State Prison, $200,000 is des ignated and committed to renovate the dormitory heating systems at Georgia State Prison and $81,000 is designated and committed for an irrigation system at Georgia State Prison. B. Budget Unit: Board of Pardons and Paroles .......................................................................................................$ 2,712,886 Board of Pardons and Paroles Budget: Personal Services....................................................................................................! 2,387,000 Regular Operating Expenses .....................................................................................$ 60,500 Travel..........................................................................................................................$ 132,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 9,226 Equipment Purchases...................................................................................................! 4,300 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 57,960 Telecommunications...................................................................................................! 50,000 Per Diem, Fees and Contracts...............................................................................$ 11,200 Total Funds Budgeted .........................................,................................................$ 2,712,886 State Funds Budgeted...........................................................................................! 2,712,886 Total Positions Budgeted 176 Budget Unit Object Classes: Personal Services....................................................................................................! 2,387,000 Regular Operating Expenses .....................................................................................$ 60,500 Travel..........................................................................................................................! 132,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 9,226 Equipment Purchases...................................................................................................$ 4,300 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 57,960 Telecommunications...................................................................................................! 50,000 Per Diem, Fees and Contracts..................................................................................! 11,200 Total Positions Budgeted 176 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Georgia Correctional Industries ................................................................................................................$ -0- Georgia Correctional Industries Budget: Personal Services.......................................................................................................$ 867,125 Regular Operating Expenses ...................................................................................$ 364,250 Travel............................................................................................................................! 23,250 Motor Vehicle Equipment Purchases......................................................................! 38,250 Publications and Printing............................................................................................! 7,500 Equipment Purchases...............................................................................................$ 782,000 Computer Charges.............................................................................................................$ -0Real Estate Rentals ....................................................................................................$ 17,750 Telecommunications...................................................................................................$ 25,500 Per Diem, Fees and Contracts..................................................................................! 15,500 Cost of Sales............................................................................ .......$ 3,562,200 TUESDAY, FEBRUARY 28, 1978 2099 Repayment of Prior Year's Appropriations.......................................................................................................^ lOO.OOO Capital Outlay........................................................................................................$ 255,000 Total Funds Budgeted ..........................................................................................$ 6,058,325 State Funds Budgeted......................................................................................................$ .Q- Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services...................--..--.....----........................................................! 867,125 Regular Operating Expenses ...................................................................................$ 364,250 Travel............................................................................................................................$ 23^250 Motor Vehicle Equipment Purchases ......................................................................$ 38,250 Publications and Printing............................................................................................! 7,500 Equipment Purchases...............................................................................................$ 782^000 Comp ter Charges............................----...----............................................................$ -0- Real Estate Rentals ....................................................................................................$ 17,750 Telecommunications...................................................................................................! 25,500 Per Diem, Fees and Contracts..................................................................................$ 15,500 Cost of Sales...........................................................................................................$ 3,562,200 Repayment c Prior Year's Appropriations.......................................................................................................$ 100,000 Capital Outlay...........................................................................................................$ 255,000 Total Positions Budgeted 56 Passenger Carrying Motor Vehicles 11 Section 35. Department of Public Safety. Budget Unit: Department of Public Safety.....................................................................................................$ 30,276,046 1. Office of Highway Safety Budget: Personal Services........................................................................-..............................! 285,474 Regular Operating Expenses .....................................................................................$ 12,864 Travel............................................................................................................................! 18,475 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..............................................................-.....-...................! 5,591 Equipment Purchases..............................................................-....-.....--..................$ 8,985 Computer Charges..................................................-..-.........-....-----....................$ 1,198 Real Estate Rentals....................................................................................................$ 28,140 Telecommunications......................................................................................--.--.--..$ 11,167 Per Diem, Fees and Contracts.......................................-...-...-...----..--.---..! 17,000 Postage............................................................................-...--------.------------.$ 3,900 Total Funds Budgeted..........................................................----.----.------! 392,794 State Funds Budgeted.................................-.-..-...--------------------$ -0- Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services..............--...----.....................................----.--...--------------! 276,000 Regular Operating Expenses..........................--............................................--......--$ 28,587 Travel...............................................-......-.....-..----..-----.....----.----.----! 5,090 Motor Vehicle Equipment Purchases.--...................................----..--.......................--! -0Publications and Printing......................................................................................--.! 15,500 Equipment Purchases..................-.----......................................................................! 3,570 Computer Charges........-.-...-......-....----..................................... ...............................$ -0Real Estate Rentals......----...........-.-.---....................................-.-...--...--------$ -0- Telecommunications.--.--.--....--.--------------.......----.--------.........--..--..! 18,550 Per Diem, Fees and Contracts................................................--------.------.--$ -0- Postage ....................................--.....------..--..-.------------.------.----$ 275 Total Funds Budgeted.........................-.-..--.--.----.----------------! 347,572 State Funds Budgeted................----..---------.................-.-.----------.! 347,572 Total Positions Budgeted 13 2100 JOURNAL OF THE HOUSE, 3. Staff Support Budget: Personal Services...................................................-..-.-..-...-...---------$ 1,449,000 Regular Operating Expenses ....................--...................------.------------! 807,595 Travel.........--...---.---...--..------..--.-.-.-------------$ 53,500 Motor Vehicle Equipment Purchases--................--.----.--.----.--------------! -0- Publications and Printing.......................----..--..--..........................------------$ 73,200 Equipment Purchases........................................................................................--...--$ 15,000 Computer Charges ......................................................................................................$ 22,325 Real Estate Rentals ................................................................--..........--....------.----! -0- Telecommunications...............................................................................--.....------$ 54,000 Per Diem, Fees and Contracts...........................................................--..------.--.$ 6,370 Postage.......................................................--.......--...........-..----...---------$ 175,000 Total Funds Budgeted ..........................................................................................$ 2,655,990 State Funds Budgeted...........................................................................................$ 2,655,990 Total Positions Budgeted 103 4. Georgia State Patrol Budget: Personal Services..................................................................................................$ 19,354,442 Regular Operating Expenses ................................................................................$ 2,430,746 Travel..........................................................................................................................! 113,400 Motor Vehicle Equipment Purchases....................................................................................................................--? -0- Publications and Printing........................................................................................$ 714,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges .................................................................................................$ 1,700,000 Real Estate Rentals ......................................................................................................$ 2,500 Telecommunications.................................................................................................! 405,000 Per Diem, Fees and Contracts..................................................................................! 20,000 Postage........................................................................................................................! 155,000 Conviction Reports...................................................................................................! 170,000 Capital Outlay ..........................................................................................................$ 75,000 Total Funds Budgeted........................................................................................! 25,250,088 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 25,018,088 Total Positions Budgeted 1,224 5. Georgia Peace Officers Standards and Training Budget: Personal Services.......................................................................................................! 400,150 Regular Operating Expenses................................................................................$ 1,756,211 Travel............................................................................................................................$ 25,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 22,246 Equipment Purchases...................................................................................................! 3,800 Computer Charges.............................................................................................................! -0- Real Estate Rentals.......................................................................,,...........................$ 28,250 Telecommunications ...................................................................................................$ 12,760 Per Diem, Fees and Contracts..................................................................................! 14,400 Postage............................................................................._._.....___.............................$ 2,700 Total Funds Budgeted..........................................................................................$ 2,266,117 State Funds Budgeted...........................................................................................! 1,527,120 Total Positions Budgeted 24 6. Police Academy: Personal Services.......................................................................................................$ 305,940 Regular Operating Expenses........................................................................,,,,.......$ 103,290 Travel.................................................................................1.....""^"'"----!Z---!.....! 5,460 Motor Vehicle Equipment Purchases............................................................................! -0- TUESDAY, FEBRUARY 28, 1978 2101 Publications and Printing..........................................................................................$ 12,000 Equipment Purchases.............,.....................................................,.............................$ 21,'oOO Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ......................................................................................,..............$ 8,100 Per Diem, Fees and Contracts..................................................................................! 17,000 Postage.........................................................................................................................$ 1,575 Total Funds Budgeted .............................................................................................$ 474,365 State Funds Budgeted..............................................................................................$ 389,865 Total Positions Budgeted 15 7. Fire Academy: Personal Services.......................................................................................................! 164,198 Regular Operating Expenses .....................................................................................$ 22,690 Travel............................................................................................................................$ 10,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 15,182 Telecommunications.....................................................................................................! 4,950 Per Diem, Fees and Contracts..................................................................................! 86,000 Postage.........................................................................................................................$ 3,500 Total Funds Budgeted .............................................................................................$ 309,020 State Funds Budgeted..............................................................................................! 269,020 Total Positions Budgeted 10 8. Georgia Firefighter Standards and Training Council Budget: Personal Services.........................................................................................................! 54,726 Regular Operating Expenses.......................................................................................! 2,465 Travel..............................................................................................................................! 6,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges.......,.....................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications........................................................................................................! 900 Per Diem, Fees and Contracts ....................................................................................$ 1,000 Postage ............................................................................................................................$ 800 Total Funds Budgeted...............................................................................................! 68,391 State Funds Budgeted................................................................................................! 68,391 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services--.--.--...-..--.-.-.--.-.--.....-------------* 22,289,930 Regular Operating Expenses ................................................................................$ 5,164,448 Travel...............................................................................................................-.........-$ 238,025 Motor Vehicle Equipment Purchases.............................................................................----.----------.--------.$ -0- Publications and Printing........................................................-..............--.-.--* 846,037 Equipment Purchases..............................................................------..----.----$ 163,355 Computer Charges..................--.--.--.......--..----------------------------$ 1,723,523 Real Estate Rentals...........................................................-------..--..--------$ 74,072 Telecommunications............................................-.--..--................................--$ 515,427 Per Diem, Fees and Contracts--.........--.--.----........--...---------------$ 161,770 Postage...................................................----.----.----...............................-.....$ 342,750 Conviction Reports..............--....--....--..----.--------------------------------* 170,000 2102 JOURNAL OF THE HOUSE, Capital Outlay .........................................................-.--...---..-.. Total Positions Budgeted Passenger Carrying Motor Vehicles I'408 893 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. It is the intent of this General Assembly that with regard to the above appropriation for Regular Operating Expenses, $1,665,000 is provided for advanced and basic peace offi cer training to include reimbursement for tuition, room and board. Section 36. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System..............................................................................$ 10,388,180 Departmental Operations Budget: Payments to Employees' Retirement System ...............................................................................................$ 150,000 Employer Contributions................................................................................^ 10,238,180 Total Funds Budgeted ........................................................................................$ 10,388,180 State Funds Budgeted.........................................................................................$ 10,388,180 Budget Unit Object Classes: Payments to Employees' Retirement System ...............................................................................................$ 150,000 Employer Contributions.....................................................................................^ 10,238,180 Section 37. Public Service Commission. Budget Unit: Public Service Commission .............................................................................................$ 2,575,966 1. Administration Budget: Personal Services.......................................................................................................$ 572,500 Regular Operating Expenses .....................................................................................$ 12,400 Travel..............................................................................................................................$ 9,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 1,250 Equipment Purchases...................................................................................................$ 1,100 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 23,100 Per Diem, Fees and Contracts .................................................................................$ 2,200 Total Funds Budgeted .............................................................................................$ 621,650 State Funds Budgeted..............................................................................................$ 621,650 Total Positions Budgeted 26 2. Transportation Budget: Personal Services.......................................................................................................$ 645,000 Regular Operating Expenses ...................................................................................$ 102,000 Travel............................................................................................................................$ 28,500 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................$ 5,500 Equipment Purchases.................................................................................................! 31,100 Computer Charges.............................................................................................................$ -0Real Estate Rentals ..................................................................................................$ 28,766 Telecommunications............................................................... ....................................$ 16,800 TUESDAY, FEBRUARY 28, 1978 2103 Per Diem, Fees and Contracts .................................................................................$ 1,500 Total Funds Budgeted .............................................................................................$ 859,166 State Funds Budgeted..............................................................................................! 859,166 Total Positions Budgeted 43 3. Utilities Budget: Personal Services.......................................................................................................$ 973,000 Regular Operating Expenses .....................................................................................$ 42,000 Travel............................................................................................................................$ 59,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,800 Equipment Purchases...................................................................................................! 2,000 Computer Charges...............................................................-............................................! -0- Real Estate Rentals......................................................................................................! 9,800 Telecommunications...................................................................................................! 32,000 Per Diem, Fees and Contracts...............................................................................$ 50,000 Total Funds Budgeted..........................................................................................! 1,172,600 State Funds Budgeted...........................................................................................! 1,095,150 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services....................................................................................................$ 2,190,500 Regular Operating Expenses...................................................................................! 156,400 Travel............................................................................................................................! 96,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 11,550 Equipment Purchases.................................................................................................! 34,200 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 38,566 Telecommunications...................................................................................................! 71,900 Per Diem, Fees and Contracts..................................................................................! 53,700 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 26 Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed !175,000 is designated and committed for funding one Utilities Financial Specialist at pay grade 21, two Analyst IPs at pay grade 19, three Analyst Fs at pay grade 17 and one Engineer II at pay grade 19 to conduct a continuing and ongoing audit on any fuel adjustment tariff of an electric utility company or purchase gas adjustment of a gas com pany and to perform other duties at the discretion of the Public Service Commission. Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions.............................................................................$ 332,270,356 1. Resident Instruction Budget: Personal Services................................................................................................! 292,061,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals...................................................................................................! 94,558,544 Teachers' Retirement..........................................................................................! 24,300,000 Capital Outlay........................................................................................................! 2,000,000 2104 JOURNAL OF THE HOUSE, Authority Lease Rentals ................................................................................$ 22,449,988 Total Funds Budgeted ......................................................................................$ 435,370,472 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted.......................................................................................! 288,807,472 Total Positions Budgeted 16,275 Provided, that from appropriated funds in A, the amount of $22,449,988 in F.Y. 1979 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing. Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement Sys tem. No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives. Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. Provided, that from the above appropriated amount for Capital Outlay, $2,000,000 is specifically appropriated for renovations and improvements of physical plant facilities. Provided, that of the above appropriation, $150,000 is designated and committed for the Botanical Gardens at the University of Georgia. 2. Marine Resources Extension Center Budget: Personal Services.......................................................................................................$ 304,584 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................................................$ 180,716 Total Funds Budgeted .............................................................................................$ 485,300 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted..............................................................................................$ 438,300 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services...................................--..................................................... .........$ 1,022,671 TUESDAY, FEBRUARY 28, 1978 2105 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ................................................................................................$ 1,106,382 Total Funds Budgeted ..........................................................................................$ 2,129,053 State Funds Budgeted..............................................................................................! 632,700 Total Positions Budgeted 32 4. Marine Institute Budget: Personal Services.......................................................................................................$ 228,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................................................$ 126,644 Total Funds Budgeted .............................................................................................$ 355,584 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.......................................................................................-......! 355,584 Total Positions Budgeted 11 5. Engineering Experiment Station Budget: Personal Services...............................................................................................-.* 12,706,662 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals................................................................................................$4,319,606 Total Funds Budgeted ........................................................................................$ 17,026,268 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................$ 2,695,400 Total Positions Budgeted 294 6. Engineering Extension Division Budget: Personal Services.......................................................................................................! 658,203 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................................................$ 365,757 Total Funds Budgeted..........................................................................................! 1,023,960 Indirect DOAS Services Funding...................................................................................! -0- 2106 JOURNAL OF THE HOUSE, State Funds Budgeted..............................................................................................$ 309,800 Total Positions Budgeted 44 7. Agricultural Experiment Stations Budget: Personal Services..................................................................................................$ 11,967,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ................................................................................................$ 5,298,900 Total Funds Budgeted ........................................................................................$ 17,265,900 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted.........................................................................................! 11,324,900 Total Positions Budgeted 808 Provided, that of the above appropriation for the Agricultural Experiment Stations, $100,000 is for additional funding for technicians and laborers. 8. Cooperative Extension Service Budget: Personal Services..................................................................................................! 16,475,132 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals.....................................................................................................$ 2,336,068 Capital Outlay ..........................................................................................................$ 60,000 Total Funds Budgeted ........................................................................................$ 18,871,200 Indirect DOAS Services Funding...................................................................................! -0State Funds Budgeted.........................................................................................! 10,791,200 Total Positions Budgeted 956 Provided, that of the above appropriation for the Cooperative Extension Service, !200,000 is for the purpose of filling currently frozen County Agricultural Agent positions and for one new Floriculturist position at Tifton. Provided, that of the above appropriation relative to Capital Outlay, !60,000 is desig nated and committed for improvements at Rock Eagle 4-H Center. 9. Talmadge Memorial Hospital Budget: Personal Services..................................................................................................! 26,031,695 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals..............................................................................................* 13,999,279 Total Funds Budgeted ........................................................................................$ 40,030,974 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted.........................................................................................! 16,079,900 Total Positions Budgeted 2,555 TUESDAY, FEBRUARY 28, 1978 2107 10. Veterinary Medicine Experiment Station Budget: Personal Services.......................................................................................................? 499,528 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................................................$ 335,572 Total Funds Budgeted .............................................................................................$ 835,100 State Funds Budgeted..............................................................................................! 835,100 Total Positions Budgeted 31 Budget Unit Object Classes: Personal Services................................................................................................? 361,956,355 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals.................................................................................................? 122,627,468 Teachers' Retirement..........................................................................................? 24,300,000 Capital Outlay........................................................................................................? 2,060,000 Authority Lease Rentals.....................................................................................? 22,449,988 Total Positions Budgeted 21,030 B. Budget Unit: Regents Central Office ........................................................$ 13,127,287 1. Regents Central Office Budget: Personal Services....................................................................................................? 1,896,089 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals..............................................................................................? 413,748 SREB Payments.....................................................................................................? 2,309,000 Medical Scholarships................................................................................................? 400,000 Regents Scholarships................................................................................................? 200,000 Grants to Junior Colleges.....................................................................................? 5,281,450 Special Desegregation Programs.............................................................................? 750,000 Satellite Medical Facility Program..................................................................................................................? 500,000 Office of Minority Business Enterprise...........................................................................................$ 100,000 Total Funds Budgeted........................................................................................? 11,850,287 State Funds Budgeted.........................................................................................? 11,850,287 Total Positions Budgeted 98 2. Family Practice Residency Program Budget: Personal Services.........................................................................................................? 74,500 Regular Operating Expenses, 2108 JOURNAL OF THE HOUSE, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals ................................................................................................$ 87,500 Capitation Contracts for Family Practice Residency ..................................................................................$ 875,000 New Program Development Contracts for Family Practice Residency ........................................................................$ 240,000 Total Funds Budgeted ..........................................................................................$ 1,277,000 State Funds Budgeted...........................................................................................$ 1,277,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services....................................................................................................$ 1,970,589 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals........................................................................................................$ 501,248 SREB Payments.....................................................................................................! 2,309,000 Medical Scholarships................................................................................................! 400,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges.....................................................................................! 5,281,450 Special Desegregation Programs.............................................................................! 750,000 Satellite Medical Facility Program..................................................................................................................! 500,000 Office of Minority Business Enterprise..............................................................................................! 100,000 Capitation Contracts for Family Practice Residency ..................................................................................$ 875,000 New Program Development Contracts for Family Practice Residency............................................................................! 240,000 Total Positions Budgeted 101 Passenger Carrying Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, pay ments are to be based on a rate of !675 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. It is the intent of this General Assembly that any grants awarded under the Special Desegregation Program be limited strictly to residents of the State of Georgia as the same is, or hereafter may be, defined by the admissions office of University Systems of Georgia. Provided, that of the above appropriation relative to SREB payments, the one million dollar appropriation for the School of Medicine at Morehouse College shall be made avail able to the School of Medicine on or after July 1, 1979, provided that the School of Medi cine receives provisional accreditation as a two-year program in basic medical sciences. Section 39. Department of Revenue. Budget Unit: Department of Revenue ..........................................................$ 27,100,737 1. Executive Administration Budget: Personal Services.......................................................................................................! 698,000 County Tax Officials/Retirement and FICA................................................................................................................! 515,000 TUESDAY, FEBRUARY 28, 1978 2109 Regular Operating Expenses ...................................................................................$ 136,000 Travel............................................................................................................................$ 10,000 Motor Vehicle Equipment Purchases........................................................................! 5,000 Publications and Printing........................................................................................$ 190,000 Equipment Purchases...................................................................................................$ 9,148 Computer Charges ........................................................................................................$ 7,500 Real Estate Rentals ......................................................................................................$ 8,300 Telecommunications...................................................................................................$ 25,000 Per Diem, Fees and Contracts....................................................................................! 6,000 Postage ............................................................................................................................$ 200 Total Funds Budgeted ..........................................................................................$ 1,610,148 State Funds Budgeted...........................................................................................! 1,610,148 Total Positions Budgeted 39 2. Motor Vehicle Administration Budget: Personal Services....................................................................................................! 3,417,463 Regular Operating Expenses...................................................................................! 201,950 Travel..............................................................................................................................! 4,000 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing........................................................................................! 188,500 Equipment Purchases.................................................................................................! 56,645 Computer Charges.................................................................................................! 1,288,537 Real Estate Rentals....................................................................................................! 20,000 Telecommunications...................................................................................................! 67,500 Per Diem, Fees and Contracts........................................................................................! -0- Motor Vehicle Tag Purchases..............................................................................! 1,964,000 Motor Vehicle Decal Purchases..............................................................................! 340,000 Postage....................................................................................................................$ 865,000 Total Funds Budgeted..........................................................................................! 8,413,595 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 8,413,595 Total Positions Budgeted 305 Provided, that of the above appropriated amount relating to motor vehicle tag pur chases, $1,964,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,700,000 motor vehicle tags, and for this purpose only. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year. 3. Property Tax Budget: Personal Services.......................................................................................................! 844,000 Regular Operating Expenses.....................................................................................! 30,160 Travel............................................................................................................................! 53,000 Motor Vehicle Equipment Purchases......................................................................! 10,000 Publications and Printing..........................................................................................! 56,000 Equipment Purchases...................................................................................................! 4,000 Computer Charges....................................................................................................! 435,800 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 20,000 Per Diem, Fees and Contracts..................................................................................! 46,000 Loans to Counties/Property Reevaluation...................................................................................................................! -0Grants to Counties/Appraisal Staff......................................................................................................................! 1,450,000 Intangible Tax Equalization Fund.........................................................................................................! -0- 2110 JOURNAL OF THE HOUSE, Postage ......................................................................................................................$ 10,000 Total Funds Budgeted ..........................................................................................$ 2,958,960 Repayment of Loans to Counties/Property Revaluation...................................................................................! -0- Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................$ 2,958,960 Total Positions Budgeted 58 Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. 4. Sales Taxation Budget: Personal Services.......................................................................................................$ 950,989 Regular Operating Expenses .....................................................................................$ 33,390 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 56,500 Equipment Purchases......................................................................................................! 750 Computer Charges ....................................................................................................$ 422,825 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 22,400 Per Diem, Fees and Contracts........................................................................................! -0- Postage ......................................................................................................................$ 65,000 Total Funds Budgeted ..........................................................................................$ 1,554,854 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 1,554,854 Total Positions Budgeted 79 5. Motor Fuel Taxation Budget: Personal Services.......................................................................................................! 424,350 Regular Operating Expenses .......................................................................................$ 6,250 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 28,000 Equipment Purchases...................................................................................................! 1,995 Computer Charges....................................................................................................! 192,500 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 12,400 Per Diem, Fees and Contracts........................................................................................! -0- Postage ..............................................................................................................................$ -0- Total Funds Budgeted.............................................................................................! 667,995 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted..............................................................................................! 667,995 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services....................................................................................................! 1,514,000 Regular Operating Expenses...................................................................................! 104,700 Travel..............................................................................................................................! 2,700 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing........................................................................................! 230,000 Equipment Purchases...................................................................................................! 5,475 Computer Charges.................................................................................................! 1,370,000 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................$ 36,500 Per Diem, Fees and Contracts........................................................................................! -0- TUESDAY, FEBRUARY 28, 1978 2111 Postage....................................................................................................................$ 150,000 Total Funds Budgeted ..........................................................................................$ 3,413,375 Indirect DOAS Services Funding ...................................................................................$ -0- State Funds Budgeted...........................................................................................! 3,413,375 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services....................................................................................................$ 1,784,003 Regular Operating Expenses ...................................................................................$ 184,920 Travel............................................................................................................................$ 40,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases...................................................................................................$ 2,790 Computer Charges ......................................................................................................$ 75,300 Real Estate Rentals ......................................................................................................$ 2,500 Telecommunications...................................................................................................! 40,000 Per Diem, Fees and Contracts....................................................................................! 5,000 Postage .........................................................................................................................$ 2,300 Total Funds Budgeted ..........................................................................................$ 2,148,813 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 2,148,813 Total Positions Budgeted 112 8. Reciprocities and Research Budget: Personal Services.......................................................................................................! 133,661 Regular Operating Expenses .....................................................................................$ 23,220 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 3,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage ..............................................................................................................................$ -0- Total Funds Budgeted.............................................................................................! 165,381 State Funds Budgeted..............................................................................................! 165,381 Total Positions Budgeted 7 9. Central Audit Budget: Personal Services....................................................................................................! 1,544,000 Regular Operating Expenses.....................................................................................! 13,380 Travel..........................................................................................................................! 305,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges ........................................................................................................$ 4,000 Real Estate Rentals ......................................................................................................$ 8,500 Telecommunications...................................................................................................! 15,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage ............................................................................................................................$ 800 Total Funds Budgeted ..........................................................................................$ 1,899,680 State Funds Budgeted...........................................................................................! 1,899,680 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services....................................................................................................! 3,587,000 2112 JOURNAL OF THE HOUSE, Regular Operating Expenses .....................................................................................$ 61,900 Travel..........................................................................................................................$ 237,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 10,000 Equipment Purchases...................................................................................................$ 9,050 Computer Charges ....................................................................................................$ 101,000 Real Estate Rentals ..................................................................................................$ 120,186 Telecommunications.................................................................................................! 100,000 Per Diem, Fees and Contracts....................................................................................$ 7,100 Postage......................................................................................................................$34,700 Total Funds Budgeted ..........................................................................................$ 4,267,936 State Funds Budgeted...........................................................................................! 4,267,936 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services..................................................................................................$ 14,897,466 County Tax Officials/Retirement and FICA................................................................................................................$ 515,000 Regular Operating Expenses ...................................................................................$ 795,870 Travel..........................................................................................................................$ 659,700 Motor Vehicle Equipment Purchases..................................................................................................................$ 15,000 Publications and Printing........................................................................................$ 782,000 Equipment Purchases.................................................................................................! 90,853 Computer Charges .................................................................................................$ 3,897,462 Real Estate Rentals ..................................................................................................$ 159,486 Telecommunications.................................................................................................$ 341,800 Per Diem, Fees and Contracts..................................................................................! 64,100 Loans to Counties/Property Reevaluation...................................................................................................................$ -0- Grants to Counties/Appraisal Staff......................................................................................................................! 1,450,000 Motor Vehicle Tag Purchases..............................................................................! 1,964,000 Motor Vehicle Decal Purchases..............................................................................! 340,000 Intangible Tax Equalization Fund.................................................................................! -0- Postage.....................................................................................................................! 1,128,000 Total Positions Budgeted 1,083 Passenger Carrying Motor Vehicles 111 Section 40. Secretary of State. Budget Unit: Secretary of State .......................................................................$ 8,740,353 1. Occupational Certification Budget: Personal Services....................................................................................................! 1,911,054 Regular Operating Expenses...................................................................................! 805,070 Travel............................................................................................................................! 98,220 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing........................................................................................! 137,670 Equipment Purchases.................................................................................................! 25,178 Computer Charges......................................................................................................! 20,000 Real Estate Rentals....................................................................................................! 43,150 Telecommunications...................................................................................................! 70,000 Per Diem, Fees and Contracts ............................................................................$ 305,791 Total Funds Budgeted ..........................................................................................! 3,416,133 State Funds Budgeted...........................................................................................! 3,338,291 Total Positions Budgeted 146 TUESDAY, FEBRUARY 28, 1978 Accounting Architect Athletic Trainers Auctioneers Barbers Chiropractic Cosmetology Dentistry Electrical Contractor Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Counselors Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pest Control Pharmacy Physical Therapy Plumbing Contractors Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists ition Functional Budgets State Funds Cost of Operations $ 143,512 $ 247,927 $ 33,664 $-0- $ 47,575 $ --0-- $ 5,700 $ 7,536 $ 88,647 $ 119,807 $ 5,330 $ 7,384 $ 209,375 $ 75,421 $ 262,736 $ 134,361 $ 77,444 $ 98,290 $ 177,268 $ 5,480 $ 56,245 $ 12,750 $ 256,836 $ 15,685 $ 72,395 $ 19,978 $ 3,750 $ 5,950 $ 10,944 $ 7,124 $ 100 $ 5,574 $ 8,475 $ 336,728 $ 21,598 $ 208,000 $ 5,080 $ 9,077 $ 4,860 $ 21,462 $ 71,752 $ 16,550 $ 26,319 $ 2,950 $ 2,520 $ 94,932 $ 93,465 $ 6,788 $ 11,485 $ 507,278 $ 32,424 $ 379,246 $ 8,090 $ 12,565 $ 6,218 $ 29,940 $ 477,547 $ 20,952 $ 39,861 $ 4,049 $ 3,770 $ 136,700 $ 120,809 $ 16,037 2113 Pos. 2 1 0 0 6 0 13 2 3 6 0 3 0 0 0 0 0 11 1 12 0 0 0 1 3 0 1 0 0 3 7 0 2114 JOURNAL OF THE HOUSE, Real Estate Recreation Sanitarian Speech Pathology Used Car Dealers Used Car Parts Veterinary Warm Air and Heating Contractors Wastewater Well Water Administration Investigative Total $ 478,292 $ 3,130 $ 1,880 $ 3,660 $ 38,614 $ 7,300 $ 15,067 $ 20,315 $ 21,711 $ --0-- $ 540,488 $ 376,642 $ 3,338,291 $ 539,524 23 $ 4,010 0 $ 8,119 0 $ 16,321 0 $ 52,818 2 $ 10,604 0 $ 27,033 0 $ 24,499 0 $ 26,298 0 $ --0-- 0 $ 25 $ 21 $ 3,830,349 146 2. Securities Regulation Budget: Personal Services.......................................................................................................$ 292,500 Regular Operating Expenses .....................................................................................$ 15,180 Travel..............................................................................................................................$ 6,500 Motor Vehicle Equipment Purchases ........................................................................$ 5,000 Publications and Printing............................................................................................! 2,500 Equipment Purchases...................................................................................................$ 2,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 6,000 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 330,180 State Funds Budgeted..............................................................................................! 324,625 Total Positions Budgeted 16 3. Corporations Regulation Budget: Personal Services.......................................................................................................! 317,000 Regular Operating Expenses .....................................................................................$ 42,695 Travel..............................................................................................................................$ 1,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 12,400 Computer Charges ......................................................................................................$ 30,000 Real Estate Rentals....................................................................................................! 38,600 Telecommunications.....................................................................................................! 9,500 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 457,695 State Funds Budgeted..............................................................................................! 457,695 Total Positions Budgeted 27 4. Drugs and Narcotics Budget: Personal Services.......................................................................................................! 306,800 Regular Operating Expenses .....................................................................................$ 30,000 Travel............................................................................................................................! 21,850 Motor Vehicle Equipment Purchases........................................................................! 8,600 Publications and Printing...............................................................................................! 300 TUESDAY, FEBRUARY 28, 1978 2115 Equipment Purchases...................................................................................................! 9,825 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.....................................................................................................$ 4,800 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 382,175 State Funds Budgeted..............................................................................................! 382,175 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services....................................................................................................! 1,122,913 Regular Operating Expenses ...................................................................................$ 126,210 Travel............................................................................................................................! 28,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 17,100 Equipment Purchases.................................................................................................! 60,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 28,800 Telecommunications...................................................................................................! 32,800 Per Diem, Fees and Contracts....................................................................................! 3,900 Authority Lease Rentals...................................................................................$ 1,000,000 Total Funds Budgeted ..........................................................................................! 2,419,723 State Funds Budgeted...........................................................................................! 2,419,723 Total Positions Budgeted 81 6. General Services Budget: Personal Services.......................................................................................................! 524,000 Regular Operating Expenses.....................................................................................! 59,415 Travel..............................................................................................................................! 1,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 132,000 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 16,500 Per Diem, Fees and Contracts...............................................................................$ 16,500 Total Funds Budgeted.............................................................................................! 755,315 State Funds Budgeted..............................................................................................! 755,315 Total Positions Budgeted 37 7. Internal Administration Budget: Personal Services.......................................................................................................! 491,000 Regular Operating Expenses...................................................................................! 106,230 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 80,000 Equipment Purchases...................................................................................................! 3,000 Computer Charges...........................................................................................................! 250 Real Estate Rentals......................................................................................................! 3,600 Telecommunications...................................................................................................! 10,500 Per Diem, Fees and Contracts .................................................................................$ 1,000 Total Funds Budgeted.............................................................................................! 704,580 State Funds Budgeted..............................................................................................! 704,580 Total Positions Budgeted 30 8. Bicentennial Commission Budget: Personal Services.........................................................................................................! 40,951 Regular Operating Expenses.....................................................................................! 28,750 Travel..............................................................................................................................! 2,550 2116 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................$ 2,000 Equipment Purchases................................................................--....................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals......................................................................................................$2,820 Telecommunications....--................--.....--.------........--.------...------------------$ 1,250 Per Diem, Fees and Contracts............................................................................--.--.$ -0- Total Funds Budgeted .....................................................................................------! 78,321 State Funds Budgeted..........................................--...........-...----..............-----$ 78,321 Total Positions Budgeted 2 9. State Campaign and Financial Disclosure Commission Budget: Personal Services.........................................................................................................! 58,328 Regular Operating Expenses .....................................................................................$ 10,260 Travel..............................................................................................................................$ 9,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 11,600 Equipment Purchases......................................................................................................! 515 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,885 Telecommunications.....................................................................................................! 4,000 Per Diem, Fees and Contracts...............................................................................$ 11,600 Total Funds Budgeted .............................................................................................$ 109,188 State Funds Budgeted..............................................................................................! 109,188 Total Positions Budgeted 3 10. Elections and Campaign Disclosure Budget: Personal Services.......................................................................................................! 140,500 Regular Operating Expenses.....................--................------...................................$ 13,840 Travel..............................................................................................................................! 1,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications................--..........--................--..................................................$ 3,500 Per Diem, Fees and Contracts .................................................................................$ 2,000 Total Funds Budgeted.............................................................................................! 170,440 State Funds Budgeted..............................................................................................! 170,440 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services....................................................................................................! 5,205,046 Regular Operating Expenses................................................................................! 1,237,650 Travel..........................................................................................................................! 180,120 Motor Vehicle Equipment Purchases......................................................................! 13,600 Publications and Printing........................................................................................! 397,170 Equipment Purchases...............................................................................................! 119,418 Computer Charges ......................................................................................................$ 50,250 Real Estate Rentals..................................................................................................! 120,855 Telecommunications.................................................................................................! 158,850 Per Diem, Fees and Contracts................................................................................! 340,791 Authority Lease Rentals...................................................................--------......$ 1,000,000 Total Positions Budgeted 366 Passenger Carrying Motor Vehicles 47 TUESDAY, FEBRUARY 28, 1978 2117 Section 41. State Scholarship Commission. Budget Unit: State Scholarship Commission...........................................................................................$ 13,190,280 1. Internal Administration Activity Budget: Personal Services.......................................................................................................$818,862 Regular Operating Expenses .....................................................................................$ 74,805 Travel............................................................................................................................$ 24,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................$ 13,000 Equipment Purchases...................................................................................................$ 6,567 Computer Charges ......................................................................................................$ 99,130 Real Estate Rentals....................................................................................................! 67,192 Telecommunications...................................................................................................? 24,000 Per Diem, Fees and Contracts...............................................................................$ 63,315 Total Funds Budgeted ..........................................................................................$ 1,191,271 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 56 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees.............................................................................$ 406,000 Total Funds Budgeted .............................................................................................$ 406,000 State Funds Budgeted..............................................................................................! 338,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans......................................................................................$ 2,605,000 Tuition Equalization Grants ................................................................................$ 8,368,400 State Student Incentive Scholarships........................................................................................................! 3,175,374 North Georgia College ROTC Grants .......................................................................................................$ 60,000 Total Funds Budgeted ........................................................................................$ 14,208,774 State Funds Budgeted.........................................................................................! 12,812,280 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships....................................................................................$ 40,000 Total Funds Budgeted ...............................................................................................$ 40,000 State Funds Budgeted................................................................................................! 40,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services.......................................................................................................! 818,862 Regular Operating Expenses .....................................................................................$ 74,805 Travel............................................................................................................................! 24,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 13,000 Equipment Purchases...................................................................................................! 6,567 Computer Charges......................................................................................................! 99,130 Real Estate Rentals....................................................................................................! 67,192 Telecommunications...................................................................................................! 24,000 Per Diem, Fees and Contracts..................................................................................! 63,315 Payment of Interest and Fees.................................................................................! 406,000 Direct Guaranteed Loans......................................................................................$ 2,605,000 Tuition Equalization Grants ................................................................................$ 8,368,400 2118 JOURNAL OF THE HOUSE, State Student Incentive Scholarships........................................................................................................! 3,175,374 Law Enforcement Personnel Dependents Scholarships.......................................................................................! 40,000 North Georgia College ROTC Grants...........................................................................................................$ 60,000 Total Positions Budgeted 56 Passenger Carrying Motor Vehicles 1 Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to students. Provided, that the above appropriated amount relative to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in critical paramedical, professional and educational fields of study approved for this purpose by the State Scholarship Commission pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $20,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy dis count of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation during fiscal year 1978-1979. Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter. Provided that, the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year to undergraduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and con templates continuation of payment of the grant during the 1979 summer school term. Provided, that the above appropriated amount relative to Student Incentive Scholar ships is designated and committed solely for the purpose of providing needs-based scholar ships to undergraduate students as provided by applicable State and Federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary edu cational institutions unless summer period study is part of the typical academic year of such institution. Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $40,000 is designated and committed solely for the purpose of TUESDAY, FEBRUARY 28, 1978 2119 providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law. Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ..........................................................................$ 459,458 Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................! 241,423 Regular Operating Expenses .....................................................................................$ 27,279 Travel............................................................................................................................$ 29,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 14,200 Equipment Purchases...................................................................................................$ 8,234 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 14,336 Telecommunications.....................................................................................................! 7,800 Per Diem, Fees and Contracts ............................................................................$ 116,286 Total Funds Budgeted .............................................................................................$ 459,458 State Funds Budgeted..............................................................................................! 459,458 Total Positions Budgeted 12 Budget Unit Object Classes: Personal Services.......................................................................................................! 241,423 Regular Operating Expenses .....................................................................................$ 27,279 Travel............................................................................................................................! 29,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 14,200 Equipment Purchases...................................................................................................! 8,234 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 14,336 Telecommunications.....................................................................................................! 7,800 Per Diem, Fees and Contracts................................................................................! 116,286 Total Positions Budgeted 12 Passenger Carrying Motor Vehicles 0 Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................................................................................-.............$ 4,477,700 Departmental Operations Budget: Personal Services.---.....-..-.-.-..-.....-...-..-.--.---------------! 951,923 Regular Operating Expenses.....................................................................................! 78,470 Travel.......................................................................................................-....................! 22,000 Motor Vehicle Equipment Purchases...........................................--.--..........................! -0- Publications and Printing.....................................................................-....................! 24,000 Equipment Purchases.............................-....------.......................................... ...........$ 12,000 Computer Charges....................................................................................................! 315,000 Telecommunications..............................--............................................--..................! 27,000 Per Diem, Fees and Contracts....................................-.......------------! 89,100 Floor Fund for Local Retirement Systems.............................................................--...----.............--....! 760,000 Employer Contributions...................................................................................$ 3,717,700 Total Funds Budgeted...................................................----.--------..----! 5,997,193 State Funds Budgeted...................-----..-------------------------$ 4,477,700 Total Positions Budgeted 60 2120 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services.......................................................................................................! 951,923 Regular Operating Expenses .....................................................................................$ 78,470 Travel....................................................................................................................-.......? 22,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 24,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges....................................................................................................! 315,000 Telecommunications...................................................................................................! 27,000 Per Diem, Fees and Contracts..................................................................................! 89,100 Floor Fund for Local Retirement Systems..............................................................................................! 760,000 Employer Contributions........................................................................................! 3,717,700 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 0 It is the intent of the General Assembly that from funds available the Teachers' Retire ment System is authorized to implement H. B. 15 of the 1975 Regular Session of the Georgia General Assembly. Section 44. Department of Transportation. Budget Unit: Department of Transportation..................................................................................^ 290,457,089 1. Planning and Construction Budget: Personal Services..................................................................................................! 56,152,750 Regular Operating Expenses................................................................................! 3,343,437 Travel.......................................................................................................................! 1,201,047 Motor Vehicle Equipment Purchases....................................................................................................................--! -0- Publications and Printing........................................................................................! 198,750 Equipment Purchases.................................................................................................! 97,600 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 33,200 Telecommunications.................................................................................................! 488,037 Per Diem, Fees and Contracts.............................................................................! 4,127,850 Capital Outlay....................................................................................................$207,780,017 State of Georgia General Obligation Debt Sinking Fund ..................................................................................$ -0- Total Funds Budgeted ......................................................................................$ 273,422,688 State Funds Budgeted.......................................................................................! 115,122,961 Total Positions Budgeted 3,402 2. Maintenance and Betterments Budget: Personal Services..................................................................................................! 37,588,422 Regular Operating Expenses ..............................................................................$ 24,571,287 Travel..........................................................................................................................! 202,655 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing............................................................................................! 5,850 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................! 63,550 Per Diem, Fees and Contracts.............................................................................! 1,192,700 Capital Outlay......................................................................................................! 49,167,817 State of Georgia General Obligation Debt Sinking Fund ..................................................................................$ -0- TUESDAY, FEBRUARY 28, 1978 2121 Total Funds Budgeted ......................................................................................$ 112,792,281 State Funds Budgeted.......................................................................................$ 111,627'495 Total Positions Budgeted 3^514 3. Authorities Budget: Authority Lease Rentals .....................................................................................$ 24,636,594 State of Georgia General Obligation Debt Sinking Fund.....................................................................$ 3,732,759 Total Funds Budgeted ........................................................................................$ 28,369,353 State Funds Budgeted.........................................................................................$ 28,369,353 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases .................................................................$ 2,296,758 Equipment Purchases...............................................................................................$ 721,900 Capital Outlay........................................................................................................$ 315,428 Total Funds Budgeted ..........................................................................................$ 3,334,086 State Funds Budgeted...........................................................................................$ 3,234,086 5. Assistance to Counties Budget: Grants to Counties ............................................................................................$ 9,317,013 Total Funds Budgeted ..........................................................................................$ 9,317,013 State Funds Budgeted...........................................................................................$ 9,317,013 6. Administration Budget: Personal Services....................................................................................................! 5,878,900 Regular Operating Expenses ................................................................................$ 2,702,030 Travel............................................................................................................................$ 99,349 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing.....................................................-.................................! 233,400 Equipment Purchases.......................................................................................................$ -0- Computer Charges .................................................................................................$ 1,204,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications..............................................................................-..................$ 302,000 Per Diem, Fees and Contracts ..................................----.................----.......$ 200,000 Total Funds Budgeted ....................................................................................-.$ 10,619,679 State Funds Budgeted.........................................................--.........-.-.--.-.! 10,619,679 Total Positions Budgeted 321 Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsec tion (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, Gen eral Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. For general administrative cost of operating the Department of Transportation, includ ing equipment and compensation claims. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including 2122 JOURNAL OF THE HOUSE, all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Fed eral aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. For lease rental obligations of the Department of Transportation to the Georgia High way Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. For grants to counties for aid in county road construction and maintenance to be dis tributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State, as such mileage information is furnished by the Department of Trans portation. Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Section 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said Section. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction Geodetic Control.......................................................................................................$ 395,444 Capital Outlay - Appalachian Highway...............................................................................................................$ 5,835,143 Capital Outlay - Paving State Schools and Institutions.......................................................................................$ 750,000 Georgia Road Improvement Program.................................................................$ 5,000,000 Paving State Parks and Historic Sites .........................................................................................................$ 300,000 Maintenance and Betterments Capital Outlay - Rehabilitation Off-System ........................................................................................,,..............$ 16,000,000 Capital Outlay - Presidential Route Signing ..-.......-...............................................................................................$ 10,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution. 7. Assistance to Municipalities Budget: Grants to Municipalities..................................................................................^ 9,317,000 TUESDAY, FEBRUARY 28, 1978 2123 Total Funds Budgeted ................................................................................... . . $ 9 317 QOQ State Funds Budgeted---- .......... ........................................................................g; '' For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. Provided, further, that a member of the governing authority of the municipality, desig nated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services.......................................................................................................$ 347,000 Regular Operating Expenses ...................................................................................$ 295,000 Travel............................................................................................................................$ 15,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............. ..................................................................................$ 200 Equipment Purchases...................................................................................................! 6,000 Computer Charges.......................................................................-- ...................................$ -0- Real Estate Rentals .............................................................................................................$ 1 Telecommunications.........................................................--......-- --...----........--.---...$ 3,800 Per Diem, Fees and Contracts.....................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 667,501 State Funds Budgeted.................................................................-............................! 367,501 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services....................................................................................................-..! 341,801 Regular Operating Expenses ..............................................................--.--------.$ 11,850 Travel.........................................................................................................-.-........-.-.! 12,450 Motor Vehicle Equipment Purchases-- ......... ....--. ...... ....... ....... ........ ....... .----....------$ -0- Publications and Printing................-.-...--.-.----.-- ----..------.----.! 17,500 Equipment Purchases-- ......---- ...... ....--...-- ....... ...... --------------------------! 800 Computer Charges .......--........................................-- .......................... .----.--.----! 20,000 Real Estate Rentals .........--------.--..----. .............. .................... ------.--....$ -0- Telecommunications .................. ......... ----.--.-- ........ -------- ----------------! 8,600 Per Diem, Fees and Contracts-- ........ ........ ...... ....... .......................... .--...--..--.----$ 182,000 Capital Outlay - Airport Development ...........-....---.........-...-.......-..--.-..------------- $300,000 Capital Outlay - Airport Operational Improvements ........ ...... ......... ....--..------------ ......... .--..--.--! 1,000,000 Mass Transit Grants-- .--.--.---- ........... ..-....-.----.--.--------$ 337,000 Total Funds Budgeted ........................----...------------..--------------$ 2,232,001 State Funds Budgeted.............-....---- ......... .----.--------------------$ 2,232,001 Total Positions Budgeted !9 10. Harbor Maintenance Budget: Harbor Maintenance Payments ....... ............ ...... ..--.------.------ ----------..$ 250,000 Total Funds Budgeted ...........-...--.-..------..--.--------------* 250,000 State Funds Budgeted.-.........-.----...-.---- .............. ----..-----..--------$ 250,000 2124 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services........................................................................-..-..-.-.-..-.-* 100,308,873 Regular Operating Expenses ..............................................................................$ 30,923,604 Travel........................----...----.----.-.--..----.------............--...------.$ 1,530,501 Motor Vehicle Equipment Purchases.......................................................-......-...........-...-----.......----$ 2,296,758 Publications and Printing..............................................................------..--------$ 455,700 Equipment Purchases..........--.................------------.--........................------$ 826,300 Computer Charges..........................................................................................----I 1,224,000 Real Estate Rentals.................................................................................. ..................$ 33,201 Telecommunications--.........................................................................................--$ 865,987 Per Diem, Fees and Contracts............................................................. .........----$ 5,703,050 Capital Outlay.............................................................................................--...$ 257,263,262 Mass Transit Grants........--............................................................... ......................$ 337,000 Grants to Municipalities..................................................................................--.$ 9,317,000 Harbor Maintenance Payments........................................................... ...............--$ 250,000 Grants to Counties.............................................................................................--$ 9,317,013 Authority Lease Rentals........................................................................--.----$ 24,636,594 Capital Outlay - Airport Development.................................................................................................. ........$ 300,000 State of Georgia General Obligation Debt Sinking Fund......................................... ................................$ 3,732,759 Capital Outlay - Airport Operational Improvements...............................................................................$ 1,000,000 Total Positions Budgeted 7,273 Passenger Carrying Motor Vehicles 2,650 For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation ser vices, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. Provided, that the entire amount of the above allocation for harbor maintenance pay ments is designated and committed for payment for harbor maintenance at Savannah. Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget. Provided, that of the above appropriation relating to Capital Outlay, $55,000 is desig nated and committed for paving a parking lot at Georgia College in Milledgeville. Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service......................................................................................................$ 7,169,627 1. Veterans Assistance Budget: Personal Services....................................................................................................$ 2,150,835 Regular Operating Expenses............................................................ .. ...............$ 77,700 Travel..................................................................._______.......""I"ZZ""""I^"!!""Z"$ 62,000 Motor Vehicle Equipment Purchases ----.....................................................................$ -0- TUESDAY, FEBRUARY 28, 1978 2125 Publications and Printing..........................................................................................! 20,700 Equipment Purchases...................................................................................................! 4^400 Computer Charges ...........................................................................................................$ 100 Real Estate Rentals ....................................................................................................$ 27,000 Telecommunications ...................................................................................................$ 46,000 Per Diem, Fees and Contracts....................................................................................! 6,000 Grants to Confederate Widows................................................................................$ 9,300 Total Funds Budgeted ..........................................................................................$ 2,404,035 State Funds Budgeted...........................................................................................! 2,144,535 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 2. Veterans Home and Nursing Facility Milledgeville Budget: Capital Outlay...........................................................................................................! 312,000 Equipment Purchases.................................................................................................! 25,000 Operating Expenses/Payments to Central State Hospital ..................................................................................$ 4,581,828 Total Funds Budgeted .....................--............................................----..........! 4,918,828 State Funds Budgeted...........................................................................................! 3,737,141 3. Veterans Nursing Home Augusta Budget: Operating Expense/Payments to Medical College of Georgia...........................................................................$ 1,958,638 Total Funds Budgeted ..........................................................................................$ 1,958,638 State Funds Budgeted...........................................................................................! 1,287,951 Budget Unit Object Classes: Personal Services....................................................................................................! 2,150,835 Regular Operating Expenses ...........................................----...........................--! 77,700 Travel............................................................................................................................$ 62,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 20,700 Equipment Purchases.................................................................................................! 29,400 Computer Charges ...........................................................................................................$ 100 Real Estate Rentals ....................................................................................................$ 27,000 Telecommunications..........................................................................................--..--$ 46,000 Per Diem, Fees and Contracts....................................................................................$ 6,000 Capital Outlay...............................................................................................-..........! 312,000 Grants to Confederate Widows.....................................................-..-.........................! 9,300 Operating Expense/Payments to Central State Hospital......................................................................................! 4,581,828 Operating Expense/Payments to Medical College of Georgia......-----.-.--.------------------$ 1,958,638 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 Section 46. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board........................................................-...---...-.------------$ 2,397,825 1. Workmen's Compensation Administration Budget: Personal Services.........--......--....----.--.----.--------------------------------$ 1,832,200 Regular Operating Expenses............................--............................ ..------------! 114,800 Travel...........................................................................-...............--..-------.-* 29,000 Motor Vehicle Equipment Purchases......................--...----.------------..........------! -0- Publications and Printing--....................------------------------------------------''' 26,000 2126 JOURNAL OF THE HOUSE, Equipment Purchases-.-.-...........-.-.-.-.--.........-..---------------$ 5,225 Computer Charges......................................-...-.----.--.----------------$ 110,000 Real Estate Rentals............................................................................................--..$ 58,641 Telecommunications--....................................----.......--------.................------$ 55,000 Per Diem, Fees and Contracts.-..................................................-........--------.$ 26,000 Total Funds Budgeted .................................................-.........-...----....-.....--a 2,256,866 State Funds Budgeted.......----.--------...----............................................$ 2,256,866 Total Positions Budgeted 109 2. Vocational Rehabilitation Budget: Personal Services............................................................-................-...-.--------$ 125,987 Regular Operating Expenses........................................................................... ............$ 3,772 Travel.......................................................................----.............. ................................$ 10,000 Motor Vehicle Equipment Purchases..............................................................--...----.$ -0- Publications and Printing................................................................................----.....$ 1,000 Equipment Purchases--.............................................................................................----$ 200 Computer Charges.............................................................................................................$ -0- Real Estate Rentals...............................................................................................----....$ -0- Per Diem, Fees and Contracts.........................................................................--....--.--$ -0- Total Funds Budgeted ....................................................................................----..$ 140,959 State Funds Budgeted...........-.........................................................................----! 140,959 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services.......................................................... ..........................................$ 1,958,187 Regular Operating Expenses..........................----...........--...............------..--.$ 118,572 Travel......................------..................................................................................----..$ 39,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................----...$ 27,000 Equipment Purchases...................................................................................................$ 5,425 Computer Charges.............-................----..................................................----$ 110,000 Real Estate Rentals....................................................................................................$ 58,641 Telecommunications...................................................................................................$ 55,000 Per Diem, Fees and Contracts.........--...................................................................$ 26,000 Total Positions Budgeted 117 Passenger Carrying Motor Vehicles 0 Section 47. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).........................................................................................$ 32,488,616 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) --------.------.....................................................................a 1,000,000 Provided, that from the above appropriated amount for State of Georgia General Obli gation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of con structing a general cargo facility on Colonel's Island, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $27,666,950, based on a six percent (6%) salary increase, with a minimum of $550 per year and a maximum of $800 per year, to be effec tive July 1, 1978, for State employees. Provided further, there is hereby appropriated $5,283,050 to implement the Merit System Salary Classification survey. For the University System employees, there is hereby appropriated $22,995,125 based on a seven and one-half TUESDAY, FEBRUARY 28, 1978 2127 percent (7 '/2 %) salary increase to be effective on July 1, 1978, for nonacademic personnel and fiscal year contracted personnel, and September 1, 1978, for academic year contracted personnel. For teachers, other instructional and supportive personnel funded through the State Department of Education, there is hereby appropriated $41,669,570 for a seven and one-half percent (7 Vi %) salary increase to be effective September 1, 1978. Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $940,965 to increase the mileage reimbursement rate for privately owned vehicles from twelve cents ($.12) per mile to fifteen cents ($.15) per mile, to be effective July 1, 1978. Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $4,162,450 to fund the Space Management Act of the 1976 Session of the General Assembly, to be effective July 1, 1978. Section 50A. It is the intent of this General Assembly that to the greatest extent fea sible, the Georgia Building Authority (Markets) and the Georgia Building Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1979 and thereafter. Section 51. This Appropriations Act includes the appropriation of $11,300,000 of AntiRecession Fiscal Assistance funds for such items of appropriation in this Act as the Gover nor shall designate. Section 52. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Section 53. It is the intent of this General Assembly that to the extent to which Fed eral funds become available in amounts in excess of those contemplated in this Appropria tions Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 54. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund 2128 JOURNAL OF THE HOUSE, and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 56. No State appropriations authorized under this Act shall be used to con tinue programs currently funded by 100% Federal funds. Section 57. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services, either directly or indirectly. Section 58. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institu tion of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 59. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1978 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1979, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allo cation until such shall be submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 60. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total TUESDAY, FEBRUARY 28, 1978 2129 expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1979 submitted to the General Assembly at the 1978 regular session. Section 61. It is the intent of the General Assembly that for the purposes of this Act, (1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a substantial portion of which is for the primary purpose of transporting one or more people, and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. Section 62. The Director of the Budget shall determine the appropriations contained in this Act to which the Federal Revenue Sharing Funds contemplated in this Act shall apply. Section 63. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 64. TOTAL APPROPRIATIONS F.Y. 1979.......................................................................................................$ 2,379,691,195. Section 65. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 66. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Harris of the 8th moved that the House disagree to the Senate substi tute to HB 1224. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 421. By: Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and Riley of the 1st: A BILL to amend Code Chapter 88-18, relating to hospital authori ties, so as to provide for proceedings for removal of members of hospital author ities under certain circumstances; to provide legislative intent; to provide for petitions; to require hearings; to provide criteria for judicial determinations; to provide for certain court orders; to provide for the filling of vacancies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. 2130 JOURNAL OF THE HOUSE, Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. y Coleman, T. Y Colling, M. Y Colwell, C.H. Connell. J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. V Dent, R.A. Y Deveaui, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y RandaJl, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, K.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 603. By: Senators Gillis of the 20th, English of the 21st and Walker of the 19th: A BILL to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for appointment and quali fication of Council members; to require meetings; to require a specification of appropriations for certain research purposes; to provide for other matters rela tive to the foregoing; and for other purposes. The following substitute, offered by Representative Phillips of the 120th, was read: A BILL To amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Coun cil in an advisory capacity to the Commission; to change the number of members of the Council; to provide for appointment and qualification of Council members; to require meetings; to require a specification of appropriations for certain research purposes; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by adding thereto a new Chapter after Chapter 8 thereof, to be designated Chapter 8A, to read as follows: "Chapter 8A. State Forestry Commission Section 8A-01. Georgia Forest Research Council - functions transferred, (a) All of the functions of the Georgia Forest Research Council, created in Ga. Laws 1953, Nov. Sess., TUESDAY, FEBRUARY 28, 1978 2131 p. 45, as amended (Ga. Code Ann. Sec. 43-801, et al.), are transferred to the State For estry Commission, except that the Council is continued solely as an advisory body to the Commission with respect to matters relating to forestry research. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Forest Research Council means the State Forestry Commission. (b) The terms of office of all present members of the Georgia Forest Research Coun cil shall expire on July 1, 1978. On and after July 1, 1978, the Council shall consist of seven members to be appointed as provided in this subsection. Members of the Council shall be appointed by the Governor and confirmed by the Senate for the following terms: one member for an initial term of office of one year; one member for an initial term of office of two years; one member for an initial term of office of three years; one member for an initial term of office of four years; one member for an initial term of office of five years; one member for an initial term of office of six years; and one member for an initial term of office of seven years. Thereafter, successors to such mem bers shall likewise be appointed and confirmed for terms of office of seven years and until their successors are appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. (c) The Georgia Forest Research Council shall meet semiannually with the Director of the State Forestry Commission and shall advise and consult with him on the estab lishment and continuation of forest research projects. Members of the Council shall receive the same per diem and allowances for their services as is authorized for members of the State Forestry Commission. (d) Appropriations for research conducted by or through the State Forestry Commis sion as a result of the functions transferred pursuant to this Section shall be specified in the General Appropriations Act as a separate line item appropriation under the State Forestry Commission." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Hatcher of the 131st, Karrh of the 106th, Argo of the 63rd, and Collins of the 144th move to amend the floor substitute to SB 603 by adding on line 2, page 4 after the word "Commission" the following: "From the above-mentioned line item appropriation, the sum of two hundred sixtynine thousand, one hundred two and no one hundredth dollars shall be appropriated to the Board of Regents for the School of Forestry at the University of Georgia for contin uation of existing research projects. Any additional funds in said line item appropriation shall be allocated to research projects selected by the State Forestry Commission and the Director of the State Forestry Commission.". The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin YAnderson, W. YArgo, B. YAuten,D. YBalkcom,R. YBargeron,E. Y Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. YBirdsong, K. Y Bishop S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, AT). Coleman T. Y CoUins, M Y ColweU C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T YCulpepper, B. ^amel.G. Y Daugherty, J.C. Y Davis, B Dean, D.C. Y Dent, H.A. 2132 Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignHliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob JOURNAL OF THE HOUSE, Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, 3. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y MeCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. N Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y WaUon, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 350. By: Senator Lester of the 23rd: A BILL to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to be used in determining the fair market value of property for taxation purposes; and for other purposes. Representative Gastleberry of the lllth moved that the House insist on its position in amending SB 350. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1224. By: Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th, Vaughn of the 57th, and Collins of the 144th: A BILL to provide appropri ations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Bill of the House was taken up for the purpose of considering the benate s insistence on its position in substituting the same: TUESDAY, FEBRUARY 28, 1978 2133 HB 1224. By: Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th, Vaughn of the 57th, and Collins of the 144th: A BILL to provide appropri ations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes. Representative Harris of the 8th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1224 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Harris of the 8th, Vaughn of the 57th, and Collins of the 144th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 330. By: Senator Howard of the 42nd: A BILL to amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care facilities; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 26-9910, relating to the prohibition against smoking in public places, so as to prohibit smoking in certain places in hospitals and health care institutions; to require posting of certain signs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 26-9910, relating to the prohibition against smoking in public places, is hereby amended by striking subsection (b) in its entirety and inserting in lieu thereof the following: "(b) A person who shall smoke tobacco in any form in a hospital or health care insti tution as defined in Code Chapter 88-1901, except (1) a private room, or (2) a private administrative office, or (3) a clearly designated smoking lounge, shall be punished as provided in subsection (c)." Section 2. Said Code Section is further amended by redesignating subsection (c) as subsection (e) and by adding immediately following subsection (b) a new subsection (c) to read as follows: "(c) A person convicted of willfully violating subsection (a) or subsection (b) shall be punished by a fine of not less than $10 nor more than $100." Section 3. Said Code Section is further amended by adding, immediately following subsection (c), a new subsection (d) to read as follows: "(d) Each hospital or health care institution shall post at each entrance a sign con taining the following in bold letters: NO SMOKING Any person convicted of smoking in restricted areas shall be fined not less than $10 or more than $100." Section 4. All laws and parte of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: 2134 JOURNAL OF THE HOUSE, Representative Johnson of the 74th moves to amend the Committee substitute to SB 330 by adding on line 3, page 2 after the word "post" and before the word "at" the fol lowing: "signs indicating areas where smoking is restricted and shall post...". An amendment, offered by Representative Taggart of the 125th, was read and lost. Representative Taggart of the 125th moved that the House reconsider its action in failing to adopt his amendment. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, B. Y Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. Y Benefield, J. N Birdsong, K. N Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. N Burniss, A.L. N Burton, J. N Butler, D. N Canty, H. N Carlisle, J. N Carnes, C. Carrel), B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connetl, J. N Cooper, B. Y Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. N Dent, R.A. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Ganunage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. N Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Y Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. N Housley, E. Hudson, Ted Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Kaley, M. Y Karrh, R. Kemp, R. Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. N Matthews, D.R. On the motion, the ayes were 63, nays 83. The motion was lost. N McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinax, E.G. Murray, B. Nessmith, P.E. Y Nichols, M. Nix, K. Noble, Bill Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. N Phillips, R.T. N PhiUips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. N Rosa, Ben B. Y Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Stone, R. N Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. Walker, L. N Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. N Whitmire, D. N Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The following amendment was read: Representative Ham of the 80th moves to amend the Committee substitute to SB 330 by adding before the words "to require" on line 4 of page 1, the following: "so as to prohibit smoking in the House and Senate Chambers"; And by adding before the word "shall" on line 15 of page 1, the following: "or the House and Senate chambers in the State Capitol". On the adoption of the amendment, the roll call was ordered and the vote was as follows: TUESDAY, FEBRUARY 28, 1978 2135 N Adams, G. Y Adams, Marvin Y Andereon, W. Argo, B. N Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe N Baugh, W.E. Y Beck, J.M. N Beckham, B. N Benefield, J. Y Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. N Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. N Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. N Diion, H.D. N Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. N Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. N Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. N Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. N Linder, J. N Logan, H. Long, W.K. N Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. N Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. Nessmith, P.E. N Nichols, M. Nil, K. Noble, Bill Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. Y Patten, R.L. N Peters, R.G. N Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. N Pilewkz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Y Robinson, C. N Ross, Ben B. Y Rowland, J.R. Rush, Dewey N Russell, J. N Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 59, nays 89. The amendment was lost. Scott, D. Y Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. N Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby Y White, J. N Whitmire, D. N Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. Wood, J.T. Mr. Speaker An amendment, offered by Representative Lane of the 40th, was read and ruled out of order. An amendment, offered by Representative White of the 132nd, was read and lost. An amendment, offered by Representative White of the 132nd, was read and ruled out of order. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. N Diion, H.D. Y Dover, Bill N Edwards, W. Y EUiott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. 2136 JOURNAL OF THE HOUSE, N Greer, J.W. N Ham, B. Hamilton, G. N Manner, B. N Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. N Lord, J. N Lucas, D.E. Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollmn, H. Y McDonald, L. N McKinney, J.E. N Milford, B. N Money, J. Y Mostiler, J.L. N Mullinai, E.G. N Murray, B. Nessmith, P.E. Y Nichols, M. Nil, K. Noble, Bill Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. N Phillips, L.L. N Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Ramsey, T. Y RandaU, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. N Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. N Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 77, nays 70. The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost. Representative Knight of the 67th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 330, by substitute, as amended. The motion was ruled out of order since SB 330 had already been reconsidered. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 395. By: Senators Russell of the 10th, Evans of the 37th, Robinson of the 27th and others: A BILL to amend Code Section 68B-218 relating to veterans licenses and honorary licenses, so as to provide for the issuance of distinctive drivers' licenses at no cost to certain members of the Georgia National Guard; and for other purposes. The following amendment was read and adopted: The Committee on Defense and Veterans Affairs moves to amend S. B. No. 395 as follows: By adding on page 3, line 15, after the word "General" the following: "who shall notify the Department of Public Safety" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. TUESDAY, FEBRUARY 28, 1978 2137 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Butler, D. Y Canty, H. Carlisle, J. Y Cames, C. CarreU, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 134, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 442. By: Senators Johnson of the 34th, Stephens of the 36th, Shapard of the 28th, and others: A BILL to amend Code Section 26-1709, relating to fraudulent attempts to obtain refunds, so as to make it unlawful to give a false or fictitious address in attempting to obtain refunds; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. 2138 JOURNAL OF THE HOUSE, Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, E.G. Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 139, nays 3. The Bill, having received the requisite constitutional majority, was passed. SB 416. By: Senator Doss of the 52nd: A BILL to amend Code Section 92-3701, relating to the purposes for which counties may levy taxes, approved Mar. 23, 1977, so as to provide that county taxes may be levied and collected to provide financial assistance to joint county and municipal development authorities and for the purpose of developing trade, commerce, industry and employment opportuni ties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Caatleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y CoUins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 28, 1978 2139 SB 417. By: Senator Doss of the 52nd: A BILL to amend an Act authorizing municipal corporations to levy and collect taxes to provide financial assistance to their respective development authorities for the purpose of developing trade, com merce, industry and employment opportunities, approved March 30, 1977, so as to authorize every municipal corporation to levy and collect municipal taxes to provide financial assistance to a joint county and municipal development authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Aigo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Coffins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Co*, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F..Jr. Y Hill, B.L. Y Holmes, Bob Y Horne, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 511. By: Senators Banks of the 17th, Holloway of the 12th, Starr of 44th and others: A BILL to amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend S. B. No. 511 as follows: On page 2, line 9 add after the word "altered" ", other than normal wear and tear," 2140 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. N Hamilton, G. N Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben N Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. N Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby N White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 118, nays 30. The Bill, having received the requisite constitutional majority, was passed, as amended. Due to mechanical failure, the vote of Representative Bishop of the 94th was recorded as "aye" on the passage of SB 511, as amended. He wished to be recorded as voting "nay" thereon. Representative White of the 132nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 511, as amended. Representative Bray of the 70th moved that the following Bill of the Senate be with drawn from the General Calendar and recommitted to the Committee on State of Repub lic: SB 399. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commission; to provide for the repeal of the Act and termination of Federal funds; to provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel; and for other purposes. TUESDAY, FEBRUARY 28, 1978 2141 The motion prevailed. During this day's proceedings the Speaker and Speaker Pro Tern alternated as presid ing officer, which would have precluded Representative Connell from voting while he was in the Chair. Representative Carrell of the 75th was granted leave of absence from February 6th through February 28th because of illness. Representative Knight of the 67th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 2142 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Wednesday, March 1, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Gordon Taylor, Pastor, Emmanuel Baptist Church, Gainesville, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees: HB 2074. By: Representatives Canty of the 38th, Glover of the 32nd, Holmes of the 39th, Scott of the 37th, Hill of the 127th, Deveaux of the 28th, and White of the 132nd: A BILL to amend an Act providing for the holding of bar examinations so as to provide certain procedures in connection with the examination of appli cants to the Bar of Georgia; and for other purposes. Referred to the Committee on Judiciary. HB 2075. By: Representatives Canty of the 38th, Scott of the 37th, Deveaux of the 28th, Dean of the 29th, and Glover of the 32nd: A BILL to provide for the examina tion and licensure of certain foreign citizens by professional licensing boards; to provide a short title ("Foreign Citizens Licensure Act"); to provide procedures connected therewith; and for other purposes. Referred to the Committee on Health & Ecology. HB 2076. By: Representative Irvin of the 23rd: A BILL to amend Code Chapter 56-18, relating to nonprofit medical service corporations, so as to provide that dentists and podiatrists shall have the same rights, benefits, privileges and responsibili- WEDNESDAY, MARCH 1, 1978 2143 ties as doctors of medicine and surgery as provided in said Code Chapter; and for other purposes. Referred to the Committee on Health & Ecology. HR 804-2076. By: Representative Murray of the 116th: A RESOLUTION authorizing the conveyance of certain State owned real property located in Sumter County, Georgia, to the Americus-Sumter County Airport Commission and easement rights to certain additional property; and for other purposes. Referred to the Committee on State Institutions & Property. HB 2077. By: Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th: A BILL to amend the Charter of the City of Albany, so as to add to the corporate limits of the City of Albany; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 2067 HB 2068 HR 800-2068 HB 2069 HR 802-2069 HB 2070 HB 2071 HB 2072 HB 2073 SB 609 SB 617 SB 624 Representative Horton of the 43rd District, Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 465 Do Pass SB 460 Do Pass SB 506 Do Pass Respectfully submitted, Horton of the 43rd Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 293 Do Pass SB 515 Do Pass SB 264 Do Pass SB 534 Do Pass, as Amended Respectfully submitted, Snow of the 1st Chairman 2144 JOURNAL OF THE HOUSE, Representative Jessup of the 117th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 604 Do Pass Respectfully submitted, Jessup of the 117th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 802-2069 Do Pass Respectfully submitted, Lee of the 72nd Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 72 Do Pass SR 329 Do Pass SR 335 Do Pass SR 125 Do Pass Respectfully submitted, Colwell of the 4th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: WEDNESDAY, MARCH 1, 1978 2145 HB 231 HB 379 HB 1515 HB 1516 HB 1517 HB 1951 HB 2025 HB 2026 HB 2027 HB 2028 HB 2029 HB 2030 HB 2031 HB 2032 HB 2033 HB 2034 HB 2035 HB 2040 HB 2048 HB 2049 HB 2050 HB 2051 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 2052 Do Pass HB 2053 Do Pass HB 2054 Do Pass HB 2055 Do Pass HB 2057 Do Pass HB 2058 Do Pass HB 2059 Do Pass HB 2060 Do Pass HB 2061 Do Pass HB 2062 Do Pass HB 2063 Do Pass HB 2064 Do Pass HB 2065 Do Pass HB 2066 Do Pass HR 798-2059 Do Pass HR 799-2065 Do Pass SB 618 Do Pass SB 623 Do Pass SB 632 Do Pass, by Substitute SB 633 Do Pass SB 634 Do Pass Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 1, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Wednes day, March 1, 1978, and submits the following: SB 382 Bds. of Ed. Damages, Etc., Not Covered by Liability Ins. SB 383 State Medical Education Board; Create SB 384 Board of Regents University System; Scholarships SB 393 Sales; Cancellation Rights; Body Fitness Courses SB 394 Hunting: Damages to Person or Property SB 397 Intrastate Child Custody Jurisdiction SB 400 Board of Funeral Service Membership SB 401 Structural Pest Control Comm.; Membership/Quorum SB 402 Board of Electrical Contractors; Membership SB 404 Board of Dispensing Opticians Memberships SB 407 Real Estate Commission App't. Additional Members SB 423 Hospital Authorities; Contracts Consulting Management/Service SB 440 Drug-Related Printed Material; Prohibit Sale Etc./Minor SB 450 Mentally 111; Habilitation Procedures SB 455 Teachers' Ret./Public School Emp. Ret. System/Credits SB 458 Regulatory Agency; Legislation to Reestablish Etc. SB 466 Georgia Special Adult Offender Act; Repeal SB 474 Insurance; Insured Student Dependents SB 478 Mentally 111; Amend Code 24A-41 SB 484 Bad Checks; Present Considerations; Define SB 509 Game & Fish Licenses; Denial, Revocation, Etc. 2146 JOURNAL OF THE HOUSE, SB 513 Insurance; Product Liability Experience; Reports SB 517 Alcovy Judicial Circuit; Additional Judge SB 555 APEG, Employ Classroom Aides SB 574 Alcoholism Treatment Governor; State Advisory Com. SB 599 Herty FDN; Assign to the State Forestry Commission SB 619 Auction of Livestock; Manner of Payment SR 279 Fulton Board of Education; Ret./Pension Benefits SR 313 Fire/Policemen's Widows and Children; Benefits SR 333 Property Taken/Damaged by Public Transportation The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 231. By: Representative Adams of the 36th: A BILL to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the U.S. Decennial Census of 1920, or any future such census, so as to provide for additional benefits for all officers; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the United States Decennial Census of 1920, or any future such census, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, so as to provide for additional benefits for all officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the United States Decennial Census of 1920, or any future such census, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by adding a new Section 3A, to read as follows: "Section 3A. (a) In determining all pensions of police officers or employees subject to the provisions of this Act, as amended, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such police officer or employee shall be counted as provided for in the following subsection. (b) In determining creditable service, accumulated, unused sick leave days credited to such police officer or employee shall be added (as days worked) to the creditable ser vice otherwise provided by this Act, as amended. In determining average monthly earn ings, each accumulated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment used for computation of pen sion benefits." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. WEDNESDAY, MARCH 1, 1978 2147 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 379. By: Representative Carnes of the 43rd: A BILL to amend an Act approved Aug. 13, 1924, as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 according to the U.S. Decennial Census; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, pro viding a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, approved February 20, 1964 (Ga. Laws 1964, p. 2161), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2880), so as to change the amount of payment to be made by members in the pension fund; to provide increased pensions for certain members; to provide vesting pension rights for certain members; to provide for other matters relative to the foregoing; to repeal an Act to amend an Act approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, approved April 5, 1971 (Ga. Laws 1971, p. 2937), relating to certain additional pension benefits, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 according to the United States Decen nial Census of 1970, or any such future census, approved February 20, 1964 (Ga. Laws 1964, p. 2161), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2880), is hereby amended by adding two (2) paragraphs to subsection (C) of Section 1 of amendatory Act approved February 20, 1964 (Ga. Laws 1964, p. 2161) amend ing an Act approved August 13, 1924 (Ga. Laws 1924, p. 167, et seq.) the new paragraphs to read as follows: "In determining all pensions of officers or employees referred to above, as amended, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the follow ing paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added (as days worked) to the creditable service other wise provided by this Act, as amended. In determining average monthly earnings, each accumulated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earning during the term of employment, used for computation of pension bene fits." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 2148 JOURNAL OF THE HOUSE, Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1515. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend the Act approved August 13, 1924, providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. Laws 1973, p. 2837) as disclosed by the United States Census of 1920, or any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to provide pension benefits in lieu of like pension benefits provided by existing provisions; so as to provide increased pensions for certain officers and employees; to increase the amount of payment to be made by such officers and employees in the pension funds; to expand the duties and investment author ity of the Board of Trustees; to provide for exemption of benefits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pen sions and other benefits for members of paid fire departments in cities having a popu lation of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employ ment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amend ment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be WEDNESDAY, MARCH 1, 1978 2149 required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a "normal monthly pension benefit," provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of fifty-five (55) years prior to commencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two percent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest thirty-six (36) months salary or earn ings during the term of employment. In computing the average monthly earnings, if the officer or employee shall have received a lump sum payment for compensation, accumu lated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as "early monthly retirement benefit", provided such person shall have served fifteen (15) years in the active service of such city. When such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (Vi) of one percent (1%) per month for each month the officer or employee lacks in being fifty-five (55) years of age. Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer or employee may elect a monthly pension benefit, hereinafter referred to as a "reduced monthly pension benefit", provided such person shall have served twenty-five (25) years and shall have attained the age of fifty (50) years. Said reduced monthly pen sion benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of three percent (3%) per month for each month the officer or employee lacks in being fiftyfive (55) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, hereinafter referred to as a "vested monthly pension benefit", as set forth below based upon the number of years of completed service: (1) Completion of fifteen (15) or more years of service A normal monthly pension ben efit. (2) Completion of ten (10) or more years of service A normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of service One-half 0/2) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under 2150 JOURNAL OF THE HOUSE, the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (%) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and per manent disability or death shall be computed by the same formula as is used for comput ing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as com puted by the same formula as is used for computing a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary con stituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensa tion Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retire ment. However, the provisions of this paragraph shall not affect any cost of living adjust ments as provided in subsection (G) of this Section, nor prevent the restore < .on of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (%) of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disai -ity not in line of duty; three-fourths ( 3/i) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths (%) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (4) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of duty; or three-fourths (%) of the amount such officer or employee would have been enti tled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Pro vided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provision of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner. WEDNESDAY, MARCH 1, 1978 2151 No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pen sioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumu lated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the t< rn of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning: (1) "Current Average Cost-Living Index." - The average of the monthly Consumer Price Index for th,. ^2 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (2) "Pensioner Base Index." - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in com puting the monthly Consumer Price Index should be changed by the Bureau of Labor Sta tistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner. (3) "Adjusted Pensioner Index." - The Pensioner Base Index, adjusted, on a cumula tive basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) "Annual Adjustment Date." - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a percentage equal to the difference between 100% and the percentage representing the Cur rent Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index. Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the Current Average Costof-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the bene fits of a Pensioner or Beneficiary to an amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by 2152 JOURNAL OF THE HOUSE, this Act, as amended, or the sum of eight percent (8%) in the event such person does pro vide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment. (I) In addition to the payments required to be made in subsection (H) above, any offi cer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a bene ficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and cred ited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice those set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or after April 1, 1978, shall be twice the pay ment due as computed above. Any officer or employee electing to come under the provisions of this amendment within six (6) months subsequent to the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension con tributions, as provided in this subsection, without interest. Any officer or employee elect ing to come under the provisions of this amendment, subsequent to the expiration of six (6) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from October 1, 1978, to the date of such payment. The Board of Trustees is authorized to establish rules and regula tions for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified time period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. To be eligible for such prior service credit, the officer or employee must have com pleted at least five (5) continuous years in the employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person for such prior service credit based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth m subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April 1, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by subsection (H) above, as to those persons then employed and elect- WEDNESDAY, MARCH 1, 1978 2153 ing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employ ment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years com mencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the gov erning authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determina tion by an independent actuarial valuation as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such ad valorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the total required employer contribution would be less than the contribution required of mem bers by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendment shall be reduced and the required employer contribu tions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. (M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. 1'he city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investi gation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such dis ability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov.-Dec. Sess., p. 2305. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an actuarial review of the pension fund at periodic intervals of no more than five (5) years, commencing with the enactment of this amendment. The term "independent actuary" as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows: 2154 JOURNAL OF THE HOUSE, (1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds addi tionally secured by the full credit of the state. (c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated by at least two nationally recog nized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifica tions heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated in this state, to the extent that such investments are insured by the federal government or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof. (d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: (i) The corporation is listed, and has been listed for at least thirty-six (36) consecutive months, on any one or more of the recognized national stock exchanges in the United States; (ii) The board shall not invest more than three percent (3%) of the assets of any fund in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggregate investment of any fund in any one issuing corporation shall not exceed three percent (3%) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds To Secure Debt on Georgia real property, insured or guaranteed by the federal housing administration or the Veteran's Adminis tration. (f) Interest-bearing obligations of the International Bank for Reconstruction and Devel opment or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidence of ownership and interestbearing obligations having an option to convert to ownership shall be the cost thereof. WEDNESDAY, MARCH 1, 1978 2155 (O) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natu ral or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a pri mary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and con tinue to make contributions for such beneficiaries, or should no qualified beneficiary exist, cease to make further contributions for beneficiaries, in which event contributions there tofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event of remarriage of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried. Any officer or employee coming under the provisions of this amendment either volun tarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a benefi ciary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1%) of his total salary or earnings for all creditable service prior to the occurrence of such event. Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such officer or employee had a qualified benefi ciary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (P) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds 2156 JOURNAL OF THE HOUSE, shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (Q) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. (R) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment cov ered by this pension fund, the accumulated employee and employer contributions of such officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement bene fits payable to such officer or employee shall be the lesser of the service retirement pay able under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1947, pp. 717, Sec. 4, approved March 26, 1947, relating to appeal by a certiorari. (b) Ga. Laws 1924, pp. 167, Sec. 9, approved August 13, 1924; Ga. Laws 1935, pp. 450, Sec. 5, approved March 28, 1935; Ga. Laws 1945, pp. 1080, Sec. 6, approved March 9, 1945; and Ga. Laws 1946, pp. 136, Sec. 2, approved January 31, 1946; said amendments relating to taxes on salaries of firemen, contributions, benefits for beneficiaries, restrictions upon same, and restrictions upon widows benefits. (c) Ga. Laws 1955, pp. 2051, Sec. 2, approved February 7, 1955, relating to requirements to participate in the pension plan. (d) Ga. Laws 1924, pp. 167, Sec. 2, approved August 13, 1924; and Ga. Laws 1947, pp. 717, Sec. 2, approved March 26, 1947; such amendments relating to years of service required for retirement. (e) Ga. Laws 1957, pp. 2854, Sec. 5, approved March 13, 1957, relating to credit for prior service. (f) Ga. Laws 1945, pp. 1080, Sec. 4, approved March 9, 1945, relating to years of service and required age of retirement. (g) Ga. Laws 1947, pp. 717, Sec. 1, approved March 26, 1947, relating to transfer from one city department to another. (h) Ga. Laws 1951, pp. 529, Sec. 1, approved February 1, 1951; and Ga. Laws 1952, pp. 2566, Sec. 1, approved February 15, 1952; relating to rights of county firemen to transfer. (i) Ga. Laws 1943, pp. 560, Sec. 1, approved March 3, 1943; Ga. Laws 1956, pp. 3097, Sec. 1, approved March 6, 1956; Ga. Laws 1958, pp. 3015, Sec. 1, approved March 21, 1958; Ga. Laws 1946, pp. 136, Sec. 3, approved January 31, 1946; and Ga. Laws 1975, pp. 3177, Sec. 3, approved April 17, 1975; said amendments relating to credit for military service and service in the Korean Conflict. (j) Ga. Laws 1924, pp. 167, Sec. 4, approved August 13, 1924; Ga. Laws 1931, pp. 223, Sec. 1, approved August 24, 1931; Ga. Laws 1935, pp. 450, Sec. 1, approved March 28, 1935; Ga. Laws 1945, pp. 1080, Sec. 1, approved March 9, 1945; Ga. Laws 1947, pp. 717, Sec. 3, approved March 26, 1947; and Ga. Laws 1952, pp. 2566, Sec. 3, approved February WEDNESDAY, MARCH 1, 1978 2157 15, 1952; said amendments relating to benefits for officers and employees, retirement of officers and employees, benefits for beneficiaries, and increased benefits. (k) Ga. Laws 1972, pp. 3292, Sec. 1, approved April 3, 1972; relating to the designation of beneficiaries. (1) Ga. Laws 1931, pp. 223, Sec. 7, approved August 24, 1931; and Ga. Laws 1957, pp. 2854, Sec. 4, approved March 13, 1957; said amendments relating to benefits for officers and employees and limitations upon same. (m) Ga. Laws 1957, pp. 2854, Sec. 2, approved March 13, 1957; and Ga. Laws 1958, pp. 2399, Sees. 1, 2, approved March 17, 1958; said amendments relating to the computation of benefits for former employees and requirements to come under the pension plan. (n) Ga. Laws 1925, pp. 194, Sec. 2, approved August 7, 1925; and Ga. Laws 1935, pp. 450, Sec. 7, approved March 28, 1935; said amendments relating to benefits for widows. (o) Ga. Laws 1955, pp. 2051, Sec. 3, approved February 7, 1955; Ga. Laws 1957, pp. 2854, Sec. 1, approved March 13, 1975; Ga. Laws 1973, pp. 2880, Sec. 1, approved April 17, 1973; Ga. Laws 1957, pp. 2854, Sees. 6, 10, approved March 13, 1957; said amendments relating to increased benefits for former officers and employees, disability benefits after ten (10) years of service, and the funds for the payments of benefits. (p) Ga. Laws 1946, pp. 136, Sec. 1, approved January 31, 1946; and Ga. Laws 1961, pp. 2629, Sees. 1-6, approved March 28, 1961; said amendments relating to continuation of pensions for widows and compensation to widows for death of an employee in line of duty. (q) Ga. Laws 1945, pp. 1080, Sec. 5, approved March 9, 1945; Ga. Laws 1955, pp. 2051, Sec. 4, approved February 7, 1955; Ga. Laws 1957, pp. 2854, Sec. 3, approved March 13, 1957; Ga. Laws 1958, pp. 2849, Sec. 1, approved March 21, 1958; Ga. Laws 1963, pp. 2563, Sec. 1, approved April 2, 1963; and Ga. Laws 1966, pp. 2996, Sec. 2, approved March 4, 1966; relating to refunds. (r) Ga. Laws 1955, pp. 2051, Sec. 1, approved February 7, 1955; Ga. Laws 1961, pp. 3373, Sec. 1, approved April 5, 1961; Ga. Laws 1964, pp. 2161, Sec. 1 with the exception of sub section (j), approved February 20, 1964; Ga. Laws 1965, pp. 3271, Sec. 1, approved April 6, 1965; Ga. Laws 1966, pp. 2996, Sec. 1 and Sec. 4, approved March 4, 1966 and Ga. Laws 1972, pp. 3375, Sec. 1, approved April 3, 1972; said amendments relating to new pension plans, increases of benefits, amendments to said plans, the counting of fractional parts of years, and changes in the computation of benefits. (s) Ga. Laws 1971, pp. 2937, Sec. 1, approved April 5, 1971; relating to vested pension rights after twenty (20) years of service. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1516. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any subsequent census thereof; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing pensions for members of police departments in cities having a popu- 2158 JOURNAL OF THE HOUSE, lation of 300,000 (Ga. Laws 1973, p. 2832) or more according to United States Census of 1920, or any subsequent census thereof; requiring the furnishing of pensions to all officers and employees of such cities who have served for twenty-five (25) years, now in active ser vice, whose names are on the payroll of the city, and to future members as specified; and for other purposes more fully set out in the captions of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits in lieu of like pen sion benefits provided by existing provisions; so as to provide increased pensions for cer tain officers and employees; to increase the amount of payment to be made by such officer and employees into the pension funds; to expand the duties and investment authority of the Board of Trustees; to provide for exemption of benefits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing for pensions for members of police departments in cities having a population of 300,000 or more accord ing to the United States Census of 1920, or any subsequent census thereof, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employ ment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amend ment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a "normal monthly pension benefit," provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of fifty-five (55) years prior to commencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two percent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest thirty-six (36) months salary or earn ings during the term of employment. In computing the average monthly earnings, if the officer or employee shall have received a lump sum payment for compensation, accumu lated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as "early monthly retirement benefit", provided such person shall have served fifteen (15) years in the active service of such city. When WEDNESDAY, MARCH 1, 1978 2159 such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (Vz) of one percent (1%) per month for each month the officer or employee lacks in being fifty-five (55) years of age. Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer or employee may elect a monthly pension benefit, hereinafter referred to as a "reduced monthly pension benefit", provided such person shall have served twenty-five (25) years and shall have attained the age of fifty (50) years. Said reduced monthly pen sion benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of three percent (3%) per month for each month the officer or employee lacks in being fifty five (55) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, hereinafter referred to as a "vested monthly pension benefit", as set forth below based upon the number of years of completed service: (1) Completion of fifteen (15) or more years of service A normal monthly pension benefit. (2) Completion of ten (10) or more years of service A normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of service One-half (Vt) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (%) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and per manent disability or death shall be computed by the same formula as is used for comput ing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as com puted by the same formula as is used for computing a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary con stituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensa- 2160 JOURNAL OF THE HOUSE, tion Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retire ment. However, the provisions of this paragraph shall not affect any cost-of-living adjust ments as provided in subsection (G) of this section, nor prevent the restoration of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths ( 3/4> of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability not in line of duty; three-fourths ( 3/i) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths ( 3/i) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths ( 3/i) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of duty; or three-fourths ( 3/i) of the amount such officer or employee would have been enti tled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Pro vided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provisions of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner. No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pen sioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumu lated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning: (1) "Current Average Cost-Living Index." - The average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. WEDNESDAY, MARCH 1, 1978 2161 (2) "Pensioner Base Index." - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in com puting the monthly Consumer Price Index should be changed by the Bureau of Labor Sta tistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner. (3) "Adjusted Pensioner Index." - The Pensioner Base Index, adjusted, on a cumula tive basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment Date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) "Annual Adjustment Date." - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a percentage equal to the difference between 100% and the percentage representing the Cur rent Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index. Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the Current Average Costof-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the bene fits of a Pensioner or Beneficiary to an amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by this Act, as amended, or the sum of eight percent (8%) in the event such person does pro vide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment. (I) In addition to the payments required to be made in subsection (H) above, any offi cer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a bene ficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a Beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and cred ited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice chose set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or after April 1, 1978, shall be twice the pay ment due as computed above. Any officer or employee electing to come under the provisions of this amendment within six (6) months subsequent to the enactment of this amendment, shall have a period 2162 JOURNAL OF THE HOUSE, of sixty (60) months from the date of such election in which to pay all back pension con tributions, as provided in this subsection, without interest. Any officer or employee elect ing to come under the provisions of this amendment, subsequent to the expiration of six (6) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from October 1, 1978, to the date of such payment. The Board of Trustees is authorized to establish rules and regula tions for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified time period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. To be eligible for such prior service credit, the officer or employee must have com pleted at least five (5) continuous years in the employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person for such prior service credit based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April 1, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by subsection (H) above, as to those persons then employed and elect ing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employ ment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years com mencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the gov erning authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determina tion by an independent actuarial valuation as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such ad valorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the WEDNESDAY, MARCH 1, 1978 2163 total required employer contribution would be less than the contribution required of mem bers by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendment shall be reduced and the required employer contribu tions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. (M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. The city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investi gation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such dis ability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess. p. 2707. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an acturarial review of the pension fund at periodic inter vals of no more than five (5) years, commencing with the enactment of this amendment. The term "independent actuary" as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Acad emy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows: (1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds addi tionally secured by the full credit of the state. (c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated by at least two nation ally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two high est classifications heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated 2164 JOURNAL OF THE HOUSE, in this state, to the extent that such investments are insured by the federal govern ment or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof. (d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: (i) The corporation is listed, and has been listed for at least thirty-six (36) consecu tive months, on any one or more of the recognized national stock exchanges in the United States; (ii) The board shall not invest more than three percent (3%) of the assets of any fund in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggre gate investment of any fund in any one issuing corporation shall not exceed three percent (3 %) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds To Secure Debt on Georgia real property, insured or guaranteed by the federal housing administration or the Veteran's Adminis tration. (f) Interest-bearing obligations of the International Bank for Reconstruction and Development or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating ser vice shall rate such obligations, then such rating service must have rated such obli gations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidence of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (0) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natu ral or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a pri mary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and con tinue to make contributions for such beneficiaries, or should no qualified beneficiary exist, cease to make further contributions for beneficiaries, in which event contributions there tofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having WEDNESDAY, MARCH 1, 1978 2165 retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event of remarriage of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried, or unless such child is less than twenty-three (23) years of age and enrolled as a full-time student at an accredited college or university and unmarried. Any officer or employee coming under the provisions of this amendment either volun tarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a benefi ciary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1%) of his total salary or earnings for all creditable service prior to the occurrence of such event. Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such officer or employee had a qualified benefi ciary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (P) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (Q) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. (R) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment cov ered by this pension fund, the accumulated employee and employer contributions of such officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement bene fits payable to such officer or employee shall be the lesser of the service retirement pay able under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. 2166 JOURNAL OF THE HOUSE, Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1933, pp. 213, Sec. 9, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 4, approved March 16, 1939; and Ga. Laws 1945, pp. 1067, Sec. 8, approved March 8, 1945; said amendments relating to contributions of officers and employees and benefits upon retirement. (b) Ga. Laws 1933, pp. 213, Sec. 2, approved February 15, 1933; Ga. Laws 1941, pp. 476, Sec. 1, approved March 24, 1941; and Ga. Laws 1947, pp. 675, Sec. 1, approved March 26, 1947; said amendments relating to retirement after twenty-five (25) years of service and to supernumeraries. (c) Ga. Laws 1957, pp. 3244, Sec. 5, approved March 13, 1957; relating to credit for prior service. (d) Ga. Laws 1945, pp. 1067, Sec. 1, approved March 8, 1945; and Ga. Laws 1952, pp. 2559, Sec. 4, approved February 15, 1952; said amendments relating to retirement requirements of twenty-five (25) years service and fifty-five (55) years of age. (e) Ga. Laws 1947, pp. 675, Sec. 5, approved March 26, 1947; Ga. Laws 1951, pp. 3057, Sec. 1, approved February 21, 1951; Ga. Laws 1952, pp. 2559, Sec. 1, approved Febru ary 15, 1952; Ga. Laws 1960, pp. 3205, Sec. 1, approved March 23, 1960; and Ga. Laws 1962, pp. 3193, Sec. 1, approved March 6, 1962; said amendments relating to credit for service of transferred employees, beneficiary pension to dependents of transferred employees, and retirement age of transferred employees. (f) Ga. Laws 1956, pp. 3379, Sec. 1, approved March 9, 1956; Ga. Laws 1959, pp. 2635, Sec. 1, approved March 10, 1959; Ga. Laws 1975, pp. 3177, Sec. 2, approved April 17, 1975; and Ga. Laws 1945, pp. 1067, Sec. 6, approved March 8, 1945; said amendments relating to credit for military service and service in the Korean Conflict. (g) Ga. Laws 1957, pp. 3244, Sec. 6, approved March 13, 1957; relating to disability benefits after ten (10) years of service. (h) Ga. Laws 1933, pp. 213, Sec. 3, approved February 15, 1933; Ga. Laws 1945, pp. 1067, Sec. 2, approved March 8, 1945; Ga. Laws 1947, pp. 675, Sec. 3, approved March 26, 1947; and Ga. Laws 1952, pp. 2559, Sec. 3, approved February 15, 1952; said provi sions relating to new pension plans, benefits for officers and employees and beneficiar ies, and increased pension benefits. (i) Ga. Laws 1972, pp. 3172, approved March 27, 1972; relating to the designation of beneficiaries. (j) Ga. Laws 1933, pp. 213, Sec. 19, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 6, approved March 16, 1939; Ga. Laws 1961, pp. 2510, Sec. 1, approved March 28, 1961; Ga. Laws 1957, pp. 3244, Sec. 2, approved March 13, 1957; and Ga. Laws 1958, pp. 2890, Sees. 1, 2, approved March 21, 1958; said amendments relating to reduction and increase of benefits, recomputation of benefits for employees and former employees and requirements to come under pension plan, (k) Ga. Laws 1955, pp. 2046, Sec. 1 and Sec. 2, approved February 7, 1955; Ga. Laws 1957, pp. 3244, Sec. 1, 10, approved March 13, 1957; and Ga. Laws 1973, pp. 2882, Sec. 1, approved April 17, 1973; said amendments relating to increased benefits for present and former employees, and the funds for the payment of increased benefits. (1) Ga. Laws 1933, pp. 213, Sec. 21, approved February 15, 1933; Ga. Laws 1947, pp. 675, Sec. 4, approved March 26, 1947; and Ga. Laws 1955, pp. 2055, Sec. 1, approved February 7, 1955; said amendments relating to the continuation of pensions to benefi ciaries, and benefits for beneficiaries. (m) Ga. Laws 1933, pp. 213, Sec. 13, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 3, approved March 16, 1939; Ga. Laws 1945, pp. 1067, Sec. 7, approved March 8, 1945; and Ga. Laws 1961, pp. 2481, Sees. 1-6, approved March 28, 1961; said amendments relating to benefits to widows, continuation of pensions to dependents, WEDNESDAY, MARCH 1, 1978 2167 and dependents and compensation resulting from an employee being killed in line of duty. (n) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935; Ga. Laws 1945, pp. 1067, Sec. 10, approved March 8, 1945; Ga. Laws 1955, pp. 2055, Sec. 2, approved February 7, 1955; Ga. Laws 1957, pp. 3244, Sec. 3, approved March 13, 1957; Ga. Laws 1958, pp. 2979, Sec. 1, approved March 21, 1958; Ga. Laws 1963, pp. 2564, Sec. 1, approved April 2, 1963; and Ga. Laws 1966, pp. 3172, Sec. 2, approved March 4, 1966; relating to refunds. (o) Ga. Laws 1964, pp. 3001, Sec. 1, with the exception of subsection (k), approved March 18, 1964; Ga. Laws 1965, pp. 2112, Sees. 1-3, approved March 1, 1965; Ga. Laws 1966, pp. 3172, Sec. 1, approved March 4, 1966; and Ga. Laws 1972, pp. 3279, Sec. 1, approved March 31, 1972; said amendments relating to new pension plans, increased benefits and contributions of employees, the counting of fractional parts of a year, and the change in computation of benefits. (p) Ga. Laws 1971, pp. 2234, Sec. 1, approved March 29, 1971; relating to vested pen sion rights after twenty (20) years of service. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1517. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to provide pen sion benefits in lieu of like pension benefits provided by existing provisions; so as to pro vide increased pensions for certain officers and employees; to increase the amount of payment to be made by such officers and employees into the pension funds; to expand the duties and investment authority of the board of trustees; to provide for exemption of bene fits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decen nial Census of 1970, or any such future census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: 2168 JOURNAL OF THE HOUSE, Section 1. The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employ ment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amend ment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a "normal monthly pension benefit," provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of sixty (60) years prior to com mencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two per cent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest thirty-six (36) months salary or earn ings during the term of employment. In computing the average monthly earnings, if the officer or employee shall have received a lump sum payment for compensation, accumu lated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as "early monthly retirement benefit", provided such person shall have served fifteen (15) years in the active service of such city. When such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (Vfe) of one percent (1%) per month for each month the officer or employee lacks in being sixty (60) years of age. Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer of employee may elect a monthly pension benefit, hereinafter referred to as a "reduced monthly pension benefit", provided such person shall have served twenty-five (25) years and shall have attained the age of fifty-five (55) years. Said reduced monthly pension benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of two percent (2%) per month for each month the officer or employee lacks in being sixty (60) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, WEDNESDAY, MARCH 1, 1978 2169 hereinafter referred to as a "vested monthly pension benefit", as set forth below based upon the number of years of completed service: (1) Completion of fifteen (15) or more years of service A normal monthly pension benefit. (2) Completion of ten (10) or more years of service A normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of service - One-half ( Vt ) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (%) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and per manent disability or death shall be computed by the same formula as is used for comput ing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as com puted by the same formula as is used for computing a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary con stituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensa tion Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retire ment. However, the provisions of this paragraph shall not affect any cost-of-living adjust ments as provided in subsection (G) of this Section, nor prevent the restoration of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (%) of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability not in line of duty; three-fourths (%) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths (%) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (%) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of 2170 JOURNAL OF THE HOUSE, duty; or three-fourths (%) of the amount such officer or employee would have been enti tled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Pro vided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provision of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner. No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pen sioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumu lated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning: (1) "Current Average Cost- Living Index." - The average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (2) "Pensioner Base Index." - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in com puting the monthly Consumer Price Index should be changed by the Bureau of Labor Sta tistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner. (3) "Adjusted Pensioner Index." - The Pensioner Base Index, adjusted, on a cumula tive basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) "Annual Adjustment Date." - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a WEDNESDAY, MARCH 1, 1978 2171 percentage equal to the difference between 100% and the percentage representing the Cur rent Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index. Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the Current Average Costof-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3 % of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the bene fits of a Pensioner or Beneficiary to an amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by this Act, as amended, or the sum of eight percent (8%) in the event such person does pro vide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment. (I) In addition to the payments required to be made in subsection (H) above, any offi cer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a bene ficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and cred ited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice those set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or after April 1, 1978, shall be twice the pay ment due as computed above. Any officer or employee electing to come under the provisions of this amendment within fifteen (15) months subsequent to the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, without interest. Any officer or employee electing to come under the provisions of this amendment, subsequent to the expiration of fifteen (15) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from July 1, 1979, to the date of such payment. The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified period. The Board of Trustees shall require as a pre requisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. 2172 JOURNAL OF THE HOUSE, To be eligible for such prior service credit, the officer or employee must have com pleted at least five (5) continuous years in the employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person for such prior service based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April 1, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by subsection (H) above, as to those persons then employed and elect ing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employ ment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years com mencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the gov erning authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determina tion by an independent actuarial valuation as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such ad valorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the total required employer contribution would be less than the contribution required of mem bers by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendment shall be reduced and the required employer contribu tions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. Provided, however, commencing January 1, 1979, the required employer contribution shall be ten percent (10%) of the total salaries and wages of members of this pension fund. Commencing on January 1, 1980, and each January 1st thereafter the required employer contribution shall be increased by one percent (1%) of total salary and wages of members of this pension fund until such increase of one percent (1%) would exceed the actuarially determined contribution rate provided above and at such time and thereafter the required employer contribution rate shall be the actuarially determined employer con tribution rate. (M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted WEDNESDAY, MARCH 1, 1978 2173 from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. The city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investi gation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such dis ability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess p. 2770. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an actuarial review of the pension fund at periodic intervals of no more than five (5) years, commencing with the enactment of this amendment. The term "independent actuary" as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows: (1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds addi tionally secured by the full credit of the state. (c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated by at least two nationally recog nized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifica tions heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated in this state, to the extent that such investments are insured by the federal government or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof. (d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: 2174 JOURNAL OF THE HOUSE, (i) The corporation is listed, and has been listed for at least thirty-six (36) consecutive months, on any one or more of the recognized national stock exchanges in the United States; (ii) The board shall not vest more than three percent (3%) of the assets of any fund in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggregate investment of any fund in any one issuing corporation shall not exceed three percent (3 %) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds to Secure Debt on Georgia real property, insured or guaranteed by the Federal Housing Administration or the Veteran's Adminis tration. (f) Interest-bearing obligations of the International Bank for Reconstruction and Devel opment or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating ser vice shall rate such obligations, then such rating service must have rated such obli gations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidence of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (O) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment cov ered by this pension fund, the accumulated employee and employer contributions of such officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement bene fits payable to such officer or employee shall be the lesser of the service retirement pay able under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. (P) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such spouse or unmarried child or children (natural or legally adopted) under the age of eigh teen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a pri mary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and con tinue to make contributions for such beneficiaries, or should no qualified beneficiary exist, cease to make further contributions for beneficiaries, in which event contributions there tofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. WEDNESDAY, MARCH 1, 1978 2175 Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event of remarriage of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried. Any officer or employee coming under the provisions of this amendment either volun tarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a benefi ciary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1 %) of his total salary or earnings for all creditable service prior to the occurrence of such event. Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such officer or employee had a qualified benefi ciary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (Q) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (R) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1927, pp. 265, Sec. 5, approved August 20, 1927; Ga. Laws 1935, pp. 445, Sec. 2, Sec. 6, approved March 28, 1935; such amendments to said Act relating to con tributions to be made by officers and employees. 2176 JOURNAL OF THE HOUSE, (b) Ga. Laws 1927, pp. 265, Sec. 7, approved August 20, 1927, relating to objections to contributions. (c) Ga. Laws 1941, pp. 468, Sec. 5, approved March 27, 1941; Ga. Laws 1959, pp. 3114, Sec. 1, approved March 17, 1959, said amendments dealing with credit for prior ser vice and contributions. (d) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935, relating to credit for prior service with such cities. (e) Ga. Laws 1941, pp. 468, that portion of Sec. 3 creating Sec. 11 of said Act of 1927, approved March 27, 1941, relating to credit for prior service with such cities and con tributions; and Ga. Laws 1955, pp. 2822, Sec. 3, relating to the same subject matter. (f) Ga. Laws 1927, pp. 265, Sec. 2, approved August 20, 1927, relating to contributions. (g) Ga. Laws 1965, pp. 3256, Sec. 3, approved April 5, 1965, and Ga. Laws 1972, pp. 4125, Sec. 1 and 2, approved April 7, 1972, such amendments relating to pensions for officers and employees failing to be reelected or reappointed. Provided, however, the repeal of the foregoing amendments shall not apply to nor affect the rights of those officers and employees coming under the provisions of this Act and who are serving fixed terms on the effective date of this amendment. (h) Ga. Laws 1956, pp. 2990, Sec. 1, approved March 6, 1956, relating to transfer of rights under the Plan of Improvement which provision has expired by operation of law. (i) Ga. Laws 1953, Jan.-Feb. Sess., pp. 2824, Sec. 4, approved March 2, 1953, and Ga. Laws 1947, pp. 1635, Sec. 1, approved March 28, 1947, relating to the transfer of rights and transfer of officers and employees. (j) Ga. Laws 1965, pp. 2932, Sec. 1 and 2, approved March 30, 1965, relating to credit on the transfer of golf professionals. (k) Ga. Laws 1945, pp. 999, Sec. 3, approved March 8, 1945; Ga. Laws 1951, pp. 3014, Sec. 1, approved February 21, 1951; Ga. Laws 1952, pp. 2765, Sec. 1, approved Febru ary 15, 1952, said amendments relating to credit for prior service and credit for prior service for transferred employees. (1) Ga. Laws 1956, pp. 2589, Sec. 1, approved February 27, 1956, relating to the trans fer of employees to the government by which such employee was formerly employed. (m) Ga. Laws 1953, Jan.-Feb. Sess., pp. 2824, Sec. 1, 3, approved March 2, 1953, relat ing to the application of said Act to the Board of Education of the county and trans fer of employees. (n) Ga. Laws 1945, pp. 999, that portion of Sec. 3 creating Sec. 35 of the 1927 Act, approved March 8, 1945, relating to age and service requirements for retirement. (o) Ga. Laws 1943, pp. 551, Sec. 6, approved March 19, 1943; Ga. Laws 1947, pp. 1635, Sec. 8, approved March 28, 1947; Ga. Laws 1956, pp. 3377, Sec. 2, approved March 9, 1956; Ga. Laws 1959, pp. 3088, Sec. 1, approved March 17, 1959; and Ga. Laws 1975, pp. 3177, Sec. 1, approved April 17, 1975; said amendments relating to credit for military service and the Korean conflict. (p) Ga. Laws 1957, pp. 3272, approved March 13, 1957; Ga. Laws 1961, pp. 2631, Sec. 1, approved March 28, 1961; Ga. Laws 1962, pp. 2893, Sec. 1, 2, approved March 3, 1962; Ga. Laws 1962, pp.2965, Sec. 1-7, approved March 3, 1962; Ga. Laws 1964, pp. 2564, Sec. 1, 2, approved March 10, 1964, Ga. Laws 1965, pp. 3399, Sec. 1, 2, approved April 8, 1965, Ga. Laws 1966, pp. 2976, Sec. 2, approved March 2, 1966; and Ga. Laws 1966, pp. 3309, Sec. 2, approved March 7, 1966; Ga. Laws 1969, pp. 2625, Sec. 1, approved April 15, 1969; and Ga. Laws 1974, pp. 3540, subsections (1) and (2) of that enacted in Sec. 2, Sec. 3, and Sec. 4, approved March 28, 1974; said amendments relating to credit for prior service, credit for government service, and time of applying for prior service credit. (q) Ga. Laws 1964, pp. 2598, Sec. 2, 3, approved March 10, 1964; and Ga. Laws 1972, pp. 3170, Sec. 2, 3, approved March 27, 1972; said amendments relating to designation of beneficiaries. (r) Ga. Laws 1964, pp. 2598, Sec. 4, approved March 10, 1964, relating to contributions for beneficiaries. (s) Ga. Laws 1929, pp. 312, Sec. 1, approved August 27, 1929; Ga. Laws 1935, pp. 456, Sec. 1, approved March 28, 1935; Ga. Laws 1935, pp. 445, Sec. 8, approved March 28, WEDNESDAY, MARCH 1, 1978 2177 1935; Ga. Laws 1945, pp. 999, Sec. 7, approved March 8, 1945; Ga. Laws 1959, pp. 2633, Sec. 1, approved March 10, 1959; and Ga. Laws 1972, pp. 3150, Sec. 1, 2, approved March 27, 1972; said amendments relating to pension benefits for widows, the maximum amount to be paid to widows, and restrictions on the right of widows to receive pension benefits. (t) Ga. Laws 1927, pp. 265, Sec. 3, approved August 20, 1927; Ga. Laws 1935, pp. 445, Sec. 1, approved March 28, 1935; Ga. Laws 1947, pp. 1635, Sec. 3, approved March 28, 1947; Ga. Laws 1952, pp. 2765, Sec. 3, approved February 15, 1952; and Ga. Laws 1935, pp. 445, Sec. 1, approved March 28, 1935; said amendments relating to a stand ing committee of such cities to administer the pension funds, the maximum amount of benefits to be paid to the officers and employees, and the reduction of such bene fits. (u) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935; Ga. Laws 1941, pp. 468, Sec. 2, approved March 27, 1941; Ga. Laws 1945 pp. 998, Sec. 8, approved March 8, 1945; Ga. Laws 1952, pp. 2765, Sec. 4, approved February 15, 1952; Ga. Laws 1953, Nov.-Dec. Sess., pp. 2776, Sec. 4, approved December 21, 1953; and Ga. Laws 1957, pp. 3272, Sec. 3, approved March 13, 1957; said amendments relating to refunds. (v) Ga. Laws 1955, pp. 2057, Sec. 5, approved February 7, 1955; Ga. Laws 1957, pp. 3272, Sec. 1, 2, 10, approved March 13, 1957, Ga. Laws 1958, pp. 3019, Sec. 1, 2, approved March 21, 1958; Ga. Laws 1962, pp. 3015, Sec. 1, approved March 6, 1962, and Ga. Laws 1966, pp. 2976, Sec. 1, approved March 2, 1966; said sections relating to increased pension benefits for officers and employees and retired officers and employees, the payment of increased benefits, and the recomputation of benefits. (w) Ga. Laws 1962, pp. 3140, all of Sec. 1 with the exception of that part which creates subsection (i) of Sec. 1, approved March 6, 1962, such amendment providing a new pension plan with increased benefits and increased contributions. (x) Ga. Laws 1963, pp. 2903, Sec. 1, approved April 4, 1963, relating to refunds. (y) Ga. Laws 1964, pp. 3050, Sec. 1, approved March 18, 1964; Ga. Laws 1966, pp. 3106, Sec. 1, approved March 4, 1966; and Ga. Laws 1972, pp. 3374, Sec. 1, approved April 3, 1972; said amendments relating to the limitation of benefits, the providing of bene fits for beneficiaries, and the computation of benefits. (z) Ga. Laws 1971, pp. 2939, Sec. 1, approved April 5, 1971, relating to vested rights after twenty (20) years of service with payment at age sixty-five (65). (aa) Ga. Laws 1973, pp. 2841, Sec. 1, 2, approved April 17, 1973, relating to the compu tation of benefits for disability and death in line of duty and one (1) year's compensa tion. (bb) Ga. Laws 1927, pp. 265, Sec. 11, approved August 20, 1927, effect on Workmen's Compensation laws. (cc) Ga. Laws 1973, pp. 2885, Sec. 1, 2, approved April 17, 1973, relating to increased benefits for pensioners. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. HB 1951. By: Representatives Benefield, Johnson, Wood and Lee of the 72nd, and Mostiler of the 71st: A BILL to amend an Act abolishing the fee system of com pensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court; and for other purposes. 2178 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2025. By: Representative Ross of the 76th: A BILL to amend an Act placing the Clerk of the Superior Court of Warren County on an annual salary so as to change the provisions relative to the compensation of the deputy clerk; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2026. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the offices of Tax Collector and Tax Receiver in Warren County, Georgia, and cre ating the office of Tax Commissioner of Warren County so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2027. By: Representative Ross of the 76th: A BILL to repeal an Act authorizing the governing authority of Warren County to employ a full-time county policeman; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2028. By: Representative Ross of the 76th: A BILL to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2029. By: Representative Ross of the 76th: A BILL to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County so as to change the compensation of the chairman and members of the board of commissioners; and for other purposes. WEDNESDAY, MARCH 1, 1978 2179 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2030. By: Representative Ross of the 76th: A BILL to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County so as to change the provisions relating to the compensation of clerical help for the judge of the probate court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2031. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Judge of the Probate Court of Lincoln county, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2032. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2033. By: Representative Ross of the 76th: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. 2180 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed. HB 2034. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2035. By: Representative Ross of the 76th: A BILL to amend an Act providing com pensation for the Treasurer of Lincoln County so as to change the compensa tion of said treasurer; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2040. By: Representative Murphy of the 18th: A BILL to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the com pensation of the Treasurer of Haralson County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2048. By: Representative Culpepper of the 98th: A BILL to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provi sions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2049. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, MARCH 1, 1978 2181 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2050. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compensation of the deputy clerk; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2051. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a refer endum; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2052. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2053. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2054. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to amend an Act entitled "An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enact ment, to provide for a Commission Manager form of government for said City,"; and for other purposes. 2182 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2055. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to create the Gainesville Redevelopment Authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2057. By: Representatives Cooper, Wilson and Kaley of the 19th, Burruss and Housley of the 21st, and Murphy of the 18th: A BILL to amend an Act creating the Board of Commissioners of Paulding County so as to change the provisions relating to the compensation of the Chairman and other Commissioners; to pro vide for an annual local expense allowance for the Commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2058. By: Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th, Galer of the 97th, Bishop of the 94th, and Phillips of the 91st: A BILL to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace, and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee so as to change the compensation of the judge of said court; and for other pur poses. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2059. By: Representatives Rowland of the 119th, and Coleman of the 118th: A BILL to amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees so as to change the compensation of the probate court judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 1, 1978 2183 HB 2060. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2061. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2062. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2063. By: Representatives Stone and Greene of the 138th: A BILL to provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2064. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing the Judge of the Probate Court of Appling County on a salary so as to change the compensation of the judge; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2184 JOURNAL OF THE HOUSE, HB 2065. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2066. By: Representative Rowland of the 119th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquor" so as to authorize the sale of alcoholic beverages and liquors for consumption on the premises in certain clubs located in certain counties and municipalities; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 798-2059. By: Representatives Williamson of the 45th, Robinson of the 58th, But ler, Tolbert, and Johnston of the 56th, Noble of the 48th, Lenderman of the 53rd, Burton of the 47th, Elliott of the 49th, Linder of the 44th, and others: A RESOLUTION Proposing an amendment to the Constitution so as to change the homestead exemp tion from ad valorem taxes levied for county purposes in DeKalb County; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the third unnumbered paragraph thereof, which reads as follows: "The homestead of each resident of Georgia actually occupied by the owner as a resi dence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assem bly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.", the following: "Any provisions of this paragraph to the contrary notwithstanding, the amount of the exemption from taxes levied for county purposes in DeKalb County shall be an amount equal to fifteen percent of the assessed value of the homestead in 1979, twenty percent WEDNESDAY, MARCH 1, 1978 2185 of the assessed value of the homestead in 1980, and twenty-five percent of the value of the homestead in 1981 and in each year thereafter, except that in no case shall the exemption be less than $2,000 or more than $8,000 of the assessed value of the home stead." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the DeKalb County homestead exemption shall be increased to fifteen percent of the assessed value of the homestead in 1979, twenty percent in 1980, and twenty-five percent in 1981, but to not be less than $2,000 nor more than $8,000?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Caraes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the adoption of the Resolution, the ayes were 148, nays 0. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs,R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 2186 JOURNAL OF THE HOUSE, The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HR 799-2065. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, Steinberg of the 46th, Williamson of the 45th, Tolbert of the 56th, Linder of the 44th, Lenderman of the 53rd and Johnston of the 56th: A RESOLUTION Proposing an amendment to the Constitution so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equip ping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or charitable firms or corporations, with the power to bor row money and issue revenue bonds to finance the cost of accomplishing the foregoing; to provide for powers, authority, funds, purposes and procedure of the Authority; to provide for the issuance by the Authority of its revenue bonds and to exempt from taxation said bonds and the interest thereon and the property and income of the Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section VIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph to read as follows: "Paragraph VI. (a) Declaration of Need. Whereas, if the aging citizens and inhabi tants of DeKalb County and environs are to receive adequate and economic housing, provision must be made for acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities; Now, therefore, it is hereby declared that there exists in DeKalb County and environs a need for an Authority to function for the purpose aforesaid. (b) Creation of the Authority. There is hereby created a body corporate and politic to be known as the 'DeKalb County Retirement Home Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. (c) Purpose. The purpose of the Authority shall be to acquire, construct, improve, equip, alter, repair, and maintain one or more retirement homes for lease or sale to non profit firms or corporations as hereinafter set forth, and to take all other necessary or desirable action, in order to provide or make available adequate and economic retire ment home facilities for DeKalb County. The Authority may acquire existing retirement homes if it determines that such acquisition would result in lower charges to the resi dents thereof than if no such acquisition took place. (d) Members. The members of the Development Authority of DeKalb County, cre ated pursuant to an Act known as the "Development Authorities Law", approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended, shall be ex officio mem bers of this Authority and shall be appointed and serve for the same terms as provided therein. No vacancy shall impair the power of the Authority to act. The Authority is hereby empowered to elect a chairman, vice chairman and secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (e) Definitions. As used in this amendment, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) 'Authority' shall mean the DeKalb County Retirement Home Authority hereby created and any successor or successors thereto. (2) 'Retirement Home' or 'Project' shall mean any residential facility for the aging, including related dining and entertainment facilities, all real and personal property required for the purposes thereof, including land and any rights or undivided interest WEDNESDAY, MARCH 1, 1978 2187 therein, easements, furnishings, machinery, and equipment. 'Retirement Home' or 'Project' shall not include any nursing home or other health care facility. (3) 'Cost of Project' shall mean all costs of acquisition and construction of a project, including all costs of franchises, fees, permits, approvals, licenses and certifi cates and the securing of such permits, approvals, licenses and certificates; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; cost of plans and specifications and all expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. The costs of any project may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority for the construction or maintenance of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued hereunder for such project. (4) 'Bonds' or 'revenue bonds' shall mean any bonds issued by the Authority under the provisions of this amendment, including refunding bonds. (5) 'Nonprofit Firm or Corporation' means any firm or corporation which has no shareholders and is organized so that no income or profits are distributable to or for the benefit of any private person, and is qualified as exempt from federal income taxation as being organized and operated exclusively for religious or charitable pur poses. (f) Conduct of Meetings. Any three (3) members shall constitute a quorum for the transaction of the business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. (g) Powers. The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this amendment, including, but without limiting the generality of the foregoing, the power: (1) Litigation. To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity. (2) Seal. To adopt and alter a corporate seal. (3) Acquisition of Property. To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to insure the same against any and all risks as such insurance may, from time to time, be available, and use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or to sell, lease, or otherwise dispose of any such property in any manner it deems to the best advantage of the Authority and the purposes thereof. The Authority shall not have the power of eminent domain under the provi sions of any law of the State of Georgia applicable to the condemnation of property for public use. (4) Officers and Agents. To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attor neys, and fix their compensation. (5) Contracts. To make contracts, leases and to execute all instruments necessary or convenient, including contracts for acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed, and all private persons, firms and corporations and the State of Georgia and all political subdivisions, departments, instrumentalities, or agen cies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable. (6) Gifts, Grants, and Disposal of Property. To accept, receive and administer gifts, grants, appropriations, and donations of money, materials and property of any 2188 JOURNAL OF THE HOUSE, kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, and pledge, any and all of its property and assets. (7) Investment. To invest any accumulation of its funds in any fund or reserve in any manner that public funds of the State of Georgia or its political subdivisions may be invested. (8) General. To do any and all things necessary or proper for the accomplishment of the objectives of this amendment and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State, including employment of professional and admin istrative staff and personnel and retaining of legal, engineering, and other professional services, the purchasing of all kinds of insurance including, without limitation, insur ance against tort liability and against risks of damage to property, including the power to borrow money for any of the corporate purposes of the Authority; provided, how ever, that obligations of the Authority other than revenue bonds, for which provision is herein made, shall be payable from the general funds of the Authority and shall not be a charge against any special fund allocated to the payment of revenue bonds, and including the power to indemnify and hold harmless any parties contracting with the Authority or its agents from damage to persons or property and the power to act as self-insurer with respect to any loss or liability. (9) Indebtedness. To borrow money for any of its corporate purposes and to issue notes; to issue its revenue bonds as hereinafter provided in evidence of its indebted ness incurred with respect to the powers above described payable from the revenues and receipts to the Authority from the lease or sale by the Authority of the projects of the Authority and other available funds thereof; to execute trust agreements or indentures; to sell, convey, pledge, mortgage, hypothecate, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof. (10) Administration. To adopt, alter and repeal such bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (h) Revenue Bonds. In addition to the purposes for which revenue bonds are now permitted by this Constitution to be issued, the Authority, in order to finance any project or to refund any revenue bonds then outstanding, is hereby authorized to issue revenue bonds bearing interest at the rate or rates and maturing in the years and amounts determined by the Authority, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761), as heretofore or hereafter amended, as if said obligations had been orig inally authorized to be issued thereunder; provided, however, that any property real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any revenue bonds of the Authority. (i) Dissolution of Authority. Should the Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to DeKalb County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. (j) Taxation. The Authority is created for nonprofit and public purposes, and it is hereby found, determined and declared that the creation of the Authority and the carry ing out of its corporate purposes is in all respects for the benefit of the people of the State of Georgia, that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this amendment, and for such reasons, the State of Georgia covenants with WEDNESDAY, MARCH 1, 1978 2189 the holders from time to time of the revenue bonds issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the State of Georgia or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or mainte nance of any such property or on any income derived by the Authority whether in the form of fees, rentals, charges, purchase price, installments or otherwise, and that the revenue bonds of the Authority, their transfer and the income therefor shall at all times be exempt from taxation within the State of Georgia. The tax exemption herein pro vided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. (k) Lease or Sale of Projects. No project acquired hereunder shall be operated by the Authority, but shall be leased or sold to one or more nonprofit firms or corpora tions for operation as a, retirement home, and if revenue bonds or other obligations are to be issued to pay all or part of the cost of such project, the project must be so leased or the contract for its sale entered into prior to or simultaneously with the issuance of such bonds or obligations. If sold, the purchase price may be paid at one time or in installments falling due over not more than 50 years from the date of transfer of posses sion. The lessee or purchaser shall be required to pay all costs of operating and main taining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay principal of and interest and premium, if any, on all such bonds and other obligations as such principal and interest become due. Any such lease may contain an option on the part of the lessee to purchase the project for an amount sufficient to repay all such bonds or, after the bonds have been retired, for a nominal amount. (1) Immunity from Liability. (1) Authority Members. Neither the members of the Authority nor any person executing bonds or notes on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. (2) Credit Not Pledged. No revenue bonds or other obligations issued under provi sions of this amendment shall constitute a debt of the State of Georgia or of DeKalb County. (m) Construction. This amendment, being for the welfare of DeKalb County and its inhabitants, shall be liberally construed to effect the purposes hereof. (n) Implementation. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict same, and may likewise further regulate the management and conduct of the Authority." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to create the DeKalb County Retirement Home Authority for the purpose of acquiring, constructing, improving, equipping, altering, repairing, and maintaining retirement home facilities for lease or sale to nonprofit, tax exempt religious or char itable firms or corporations, with the power to borrow money and issue revenue bonds to finance the cost of accomplishing the foregoing?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. 2190 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, B. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carliale, J. Y Games, C. Y CarreU, B. Y Cason, G. Y Cartleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignUliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.^r. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jesaup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 618. By: Senator Reynolds of the 48th: A BILL to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972, so as to remove therefrom the provisions as to a marshal of said court; to provide for the attendance at said court of the sheriff or his lawful deputies; to define his duties; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 623. By: Senator Shapard of the 28th: A BILL to amend an Act establishing the State Court of Spaldmg County (formerly known as the City Court of Griffin), approved December 14, 1897, so as to change the dates of the terms of said court; to prov^e an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. WEDNESDAY, MARCH 1, 1978 2191 On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 633. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act creating the office of Tax Commissioner of Fayette County, approved January 26, 1956, so as to change the compensation of the tax commissioner; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 632. By: Senators Shapard of the 28th and Johnson of the 34th: A BILL to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of the judge of the probate court; to provide for other matters relative thereto; to provide an effec tive date; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act abolishing the fee system of compensation for the Judge of the Pro bate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2621), as amended, so as to change the compensation of the judge of the probate court; to provide for longevity increases; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2621), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The Judge of the Probate Court of Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Judge of the Probate Court of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the judge of the probate court shall be increased by 5% of the salary of the judge of the probate court received during the immediately pre ceding calendar year; provided that if the judge of the probate court receives any annual or periodic increase in compensation under the provision of any general law of this btate an amount equal to the amount received under such general law as an annual or peri odic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the judge of the probate court under the provisions of this Section. The provisions of this Section shall not be con strued as prohibiting the judge of the probate court from receiving any annual or peri odic increase authorized by any general law of this State. (b) The judge of the probate court of said county shall have the authority to employ such clerks and other personnel as he shall determine necessary to efficiently and etiec- 2192 JOURNAL OF THE HOUSE, tively discharge the duties of his office. Such personnel shall be compensated as herein after provided." Section 2. This Act shall become effective on May 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 634. By: Senators Johnson of the 34th and Shapard of the 28th: A BILL to amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of said sheriff; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 293. By: Senator Kidd of the 25th: A RESOLUTION Proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Wilkinson County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: "Notwithstanding any other provisions of this Constitution to the contrary, justices of the peace in Wilkinson County shall have jurisdiction in all civil cases arising ex contractu and in all cases of injury or damage to and conversion of personal property when the principal sum does not exceed $500.00." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Wilkinson County from $200.00 to $500.00?" ( ) NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote Fatified aS Prvided in said Paragraph of the Constitution, become a part of the Constitution of this State. WEDNESDAY, MARCH 1, 1978 2193 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Hemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. Representative Baugh of the 108th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite two-thirds constitutional major ity to SR 293. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has the House: by the requisite constitutional majority the following Bills of HB 1655. By: Representative Reaves of the 147th: A BILL to provide that in all counties of this State having a population of not less than 13,650 nor more than 14,750, according to the United States Decennial Census or any such future census, the local tax officials shall cease receiving tax returns on the first day of March; and for other purposes. 2194 JOURNAL OF THE HOUSE, HB 1716. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act creating a Small Claims Court of Troup County so as to change the salary of the judge; to provide an effective date; and for other purposes. HB 1796. By: Representative Johnson of the 74th: A BILL to amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington so as to change the provisions relating to the election of mayor and councilmen of said city; and for other purposes. HB 1841. By: Representatives Mostiler and Carlisle of the 71st, and Wood, Lee, Benefield, and Johnson of the 72nd: A BILL to place the coroner of Fayette County on a salary in lieu of the fee system of compensation; to provide for the disposition of fees; to provide for the appointment of deputy coroners and their compensa tion, powers, and duties; and for other purposes. HB 1842. By: Representative Ross of the 76th: A BILL to provide an annual salary for the Coroner of Wilkes County; and for other purposes. HB 1856. By: Representative Collins of the 144th: A BILL to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for the compensation of the chairman and members of the board in all counties of the State having a population of not less than 18,500 and not more than 19,000, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. HB 1860. By: Representative Irvin of the 10th: A BILL to amend an Act establishing the State Court of Stephens County so as to change the compensation of the Judge, Solicitor and Solicitor Pro tempore of said Court; and for other purposes. HB 1861. By: Representatives Milford, Clark, and Mann of the 13th: A BILL to amend an Act providing an annual salary for the Sheriff of Franklin County so as to change the provisions relating to the number and compensation of deputy sher iffs and the compensation of other personnel employed by the sheriff; and for other purposes. HB 1862. By: Representatives Lane of the 81st, and Nessmith of the 82nd: A BILL to cre ate and establish a Small Claims Court in and for Bulloch County; and for other purposes. HB 1863. By: Representatives Long of the 142nd, and Cox of the 141st: A BILL to change the compensation of the Sheriff of Grady County; to provide that all emolu ments accruing to said office shall be and become the property of said county; to provide for the employment of assistant personnel for said sheriff and the payment of the expenses and operations of said office; to provide for the sub mission of an annual budget; and for other purposes. HB 1864. By: Representatives Long of the 142nd, and Cox of the 141st: A BILL to amend an Act incorporating the City of Cairo so as to change the provisions relating to executions for claims due the city; to provide for the issuance of executions for indebtedness past due to the city for gas, electric service, sewer service, gar bage collection and other charges for services provided by the city for a charge; and for other purposes. HB 1865. By: Representatives Milford, Clark, and Mann of the 13th: A BILL to create a Board of Commissioners for Hart County; and for other purposes. WEDNESDAY, MARCH 1, 1978 2195 HB 1866. By: Representative Phillips of the 120th: A BILL to amend an Act placing the Sheriff of Montgomery County upon an annual salary so as to change the provi sions relative to the compensation of the sheriffs secretary; and for other pur poses. HB 1876. By: Representative Cox of the 141st: A BILL to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of com pensation so as to change the annual salary of the sheriff; and for other pur poses. HB 1877. By: Representatives Carlisle and Mostiler of the 71st: A BILL to amend an Act creating the Board of Commissioners of Spalding County so as to change the compensation of the Chairman of the Board of Commissioners of Spalding County and the salary of each of the other Commissioners of Spalding County; to repeal a specific law; and for other purposes. HB 1878. By: Representatives Carlisle and Mostiler of the 71st: A BILL to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding ^ounty and providing in lieu thereof a salary for the compensation of such officer so as to change the compensation of the Coroner of Spalding County; and for other purposes. HB 1879. By: Representatives Mostiler and Carlisle of the 71st: A BILL to provide for the establishment of fire protection districts in Spalding County, Georgia, pursuant to constitutional provisions relative thereto; and for other purposes. HB 1890. By: Representative Kilgore of the 65th: A BILL to amend an Act creating a new charter for the city of Douglasville so as to change the number of votes needed to elect certain councilmen; to change by whom certain councilmen may be elected; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 579. By: Representatives Buck of the 95th, and Lambert of the 112th: A BILL to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, as amended, so as to provide for deducting accrued credits; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1356. By: Representative Hatcher of the 131st: A BILL to amend Code Section 92-3108, relating to the definition of Internal Revenue Code of 1954 for pur poses of income taxation, so as to change the definition; to provide an effective date; and for other purposes. HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: 2196 JOURNAL OF THE HOUSE, HB 1289. By: Representatives Burton of the 47th, Patten of the 146th, Smith of the 42nd, Hays and Snow of the 1st, Money of the 5th, and Hudson of the 137th: A BILL to amend Code Chapter 34-7, relating to election districts and polling places so as to provide for the selection, where practicable, of polling places which are accessible to handicapped voters; and for other purposes. HB 1367. By: Representatives Johnson of the 72nd, and Mann of the 13th: A BILL to amend an Act establishing the State Employees' Retirement System so as to change the retirement requirements and benefits for certain State personnel; and for other purposes. HB 1382. By: Representatives Triplett of the 128th, Scott of the 123rd, Kemp of the 139th, Rush of the 121st, Battle of the 124th, and Greene of the 138th: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to shrimping and to provide additional requirements in connection therewith; to change the provisions relative to certain licenses; to provide for certain additional licenses; to change provisions relative to certain bonds; and for other purposes. HB 1390. By: Representatives Williamson of the 45th, Hatcher of the 131st, Karrh of the 106th, Richardson of the 52nd, Keyton of the 143rd, and Irvin of the 23rd: A BILL to amend Code Section 92-3106, relating to personal exemptions for income tax purposes, so as to authorize multiple support agreements for deter mining entitlement to certain dependency exemptions; to provide for applica tion; and for other purposes. HB 1401. By: Representative Williamson of the 45th: A BILL to impose withholding and estimated taxes to aid in the collection of the income tax imposed by law upon individuals so as to remove an exclusion of remuneration paid for active service as a member of the armed forces from the meaning of the word "wages", as used in the Act; and for other purposes. HB 1419. By: Representatives Hawkins of the 50th, Bray of the 70th, Steinberg of the 46th, Richardson of the 52nd, and Vaughn of the 57th: A BILL to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide that no person who holds elective public office shall be eligible to serve as a member of any board of elections during the term of such elective office and that the position of any board of elections member shall be deemed vacant upon such member qualifying as a candidate for elective public office. HB 1544. By: Representatives Cason of the 96th, Ham of the 80th, Irvin of the 23rd, Phillips of the 91st, Logan of the 62nd, Williamson of the 45th, and Karrh of the 106th: A BILL to amend Code Section 84-1611, relating to the admission of persons under 18 years of age in billiard rooms, so as to provide that the provisions of said Code Section shall only apply to billiard rooms in which beer, wine or alcoholic beverages are offered for sale; to provide an effective date; and for other purposes. HB 1562. By: Representatives Swann of the 90th, Marcus of the 26th, and Baugh of the 108th: A BILL to amend Section 88-1901 of the Code of Georgia relating to the definition of institutions regulated under the "Georgia Health Code" is hereby amended so as to change the definition of an institution covered by the Act; to provide for an effective date; and for other purposes. WEDNESDAY, MARCH 1, 1978 2197 HB 1568. By: Representatives Snow and Hays of the 1st, Money of the 5th, and Foster of the 6th: A BILL to add one additional judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; and for other purposes. HB 1574. By: Representatives Cox of the 141st, Bargeron of the 83rd, Lord of the 105th, Gammage of the 17th, and Childers of the 15th: A BILL to amend an Act creat ing the State Board of Funeral Service and regulating the practice of embalm ing and funeral directing so as to provide that the State Board of Funeral Service will set the amount for all license fees and renewals received by the Board; and for other purposes. HB 1545. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to create the Georgia Air Quality Act of 1978; and for other purposes. HB 1623. By: Representatives Snow of the 1st, Karrh of the 106th, Games of the 43rd, Evans of the 84th, Walker of the 115th, and Taggart of the 125th: A BILL to amend Code Chapter 24-26, relating to judges of the superior courts, so as to authorize judges of the superior courts to accept reimbursement of expenses incurred while attending any educational seminars, schools and programs; and for other purposes. HB 1250. By: Representatives Scott of the 123rd, and Hill of the 127th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Bev erages and Liquors" so as to provide that the governing authority of certain counties may authorize the sale of distilled spirits, malt beverages and wine for consumption only on the premises in certain eating establishments on Sundays; to provide for limitations and conditions; to provide an effective date; and for other purposes. HB 1253. By: Representatives Linder of the 44th, and Tolbert of the 56th: A BILL to amend Code Section 68-221, relating to licensure and registration of motor vehi cles by nonresidents so as to change the time period within which registration is required; to provide an effective date; and for other purposes. HB 1306. By: Representatives McDonald of the 12th, Logan of the 62nd, Russell of the 64th, Argo of the 63rd, and Carrell of the 75th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to pro vide under certain circumstances for an alternative method of providing the property tax rollback required in said Act; to provide for procedures connected therewith; and for other purposes. HB 1747. By: Representatives Castleberry of the lllth, Buck of the 95th, Ware of the 68th, Phillips of the 91st, Mullinax of the 69th, Bray of the 70th, Thompson of the 93rd, Smyre of the 92nd, and others: A BILL to enact the Historic Chattahoochee Compact; to provide for the purpose of said compact; to authorize the party states to identify, acquire, own, transport, renovate, maintain and dis play historic or military articles, exhibits and attractions; and for other pur poses. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House: HR 239-908. By: Representatives Butler, Tolbert and Johnston of the 56th, Lenderman of the 53rd, Childs of the 51st, Richardson of the 52nd, Linder of the 44th, Noble 2198 JOURNAL OF THE HOUSE, of the 48th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 478-1349. By: Representatives Murphy of the 18th, Connell of the 87th, and Snow of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide for the recall of State, county and municipal public officials who hold elective office; to repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution providing for the recall of such officials; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolutions of the House: HR 564-1592. By: Representative Clark of the 13th: A RESOLUTION changing the sched uled termination date of the State Board of Examiners of Speech Pathology and Audiology; and for other purposes. HR 668-1867. By: Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th: A RESOLUTION proposing an amendment to Article IX of the Con stitution of the State of Georgia so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House and Senate: HR 613-1748. By: Representative Jessup of the 117th: A RESOLUTION authorizing the conveyance of certain real property located in Pulaski County, Georgia; and for other purposes. HR 674-1888. By: Representatives Walker of the 115th, Watson of the 114th, and Waddle of the 113th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a Board of Arbitration for Houston County, when necessary, to arbitrate certain budget and salary matters concerning constitutional or county officers; to provide procedures for arbitrating such budget and salary disputes; and for other purposes. HR 669-1867. By: Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th: A RESOLUTION proposing an amendment to the Constitution so as to authorize Lowndes County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streetlights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of abutting prop erty owners owning not less than two-thirds of the front footage of the abutting property to be improved; and for other purposes. SR 356. By: Senator Shapard of the 28th: A RESOLUTION proposing an amendment to the Constitution, so as to authorize and empower the governing authority of Spalding County, Georgia, to enact ordinances and regulations, including, but WEDNESDAY, MARCH 1, 1978 2199 not limited to, traffic regulations and garbage and solid waste disposal regula tions for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violations of such ordinances; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: SB 542. By: Senator Kidd of the 25th: A BILL to amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, approved April 21, 1967, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County; to change the provisions relating to cost of service; to change the provisions relating to fines and punishment; and for other pur poses. SB 403. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as "The Georgia Public Assistance Act of 1965", approved March 30, 1965, so as to change the provisions relative to the offense of fraud in obtaining public assistance; to provide for severability; to provide for an effective date; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 258. By: Senator Doss of the 52nd: A BILL to amend Code Section 56-507, relating to the standards applicable to rates, so as to provide that consideration shall be given to the insurer's average yield from investment income; and for other purposes. The Senate has adopted the Conference Committee Report on the following Bill of the House: HB 1493. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Carrell of the 75th, Richardson of the 52nd, Russell of the 64th, Argo of the 63rd, Logan of the 62nd, and others: A BILL to amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school teachers of the State of Georgia so as to extend coverage to retired teachers; and for other purposes. By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee on State Planning and Community Affairs, Local Legis lation: SR 356. By: Senator Shapard of the 28th: A RESOLUTION proposing an amendment to the Constitution, so as to authorize and empower the governing authority of Spalding County, Georgia, to enact ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regula- 2200 JOURNAL OF THE HOUSE, tions for the policing and governing of the unincorporated areas of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violations of such ordinances; and for other purposes. The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 668-1867. By: Representatives Beck of the 148th, Patten of the 149th, and Reaves of the 147th: A RESOLUTION proposing an amendment to Article IX of the Con stitution of the State of Georgia so as to authorize the Board of Commissioners of Lowndes County to license and regulate business activities in said County carried on by itinerant peddlers, itinerant vendors and other tradesmen not regularly maintaining an established place of business in said County; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 668-1867 as follows: By adding on line 23 of page 1 after the following: "Lowndes County", the following: "unless such peddler, vendor, or tradesman is otherwise exempt from payment of such license fee under any provision of the general law of this State" Representative Beck of the 148th moved that the House agree to the Senate amend ment to HR 668-1867. On the motion, the ayes were 120, nays 0. The motion prevailed. The following Resolution of the House was read and adopted: HR 803. By: Representatives Logan of the 62nd, Argo of the 63rd, Russell of the 64th, Murphy of the 18th and others: A RESOLUTION commending Honorable Dean Rusk; and for other purposes. Representative Phillips of the 120th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 211. By: Senator Dean of the 6th: A BILL to amend an Act known as the "Ga. Admin istrative Procedure Act", so as to provide that the Board of Natural Resources shall conduct a hearing in the particular area affected by any rule or regulation relating to game and fish before the rule or regulation can be voted upon or become effective; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. N Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. WEDNESDAY, MARCH 1, 1978 2201 Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Caaon, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Colling, M. N Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. DaTM, B. Y Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Dover, Bill Edwards, W. EUiott, E.H. Evans, W.D. Y Felton, D. N Foster, P.W. Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. N Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. On the motion, the ayes were 93, nays 20. The motion prevailed. Y Mullmax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. Y Owens, R.D. Parham, B.E. Patten, G.C. Y Patten, R.L. N Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker Representative White of the 132nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 511. By: Senators Banks of the 17th, Holloway of the 12th, Starr of 44th and others: A BILL to amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. Benefield, J. N Birdsong, K. Bishop, S. Bolster, B. Bray, C.A. N Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. Coleman, T. Coffins, M. Colwell, C.H. N Connell, J. N Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. N Dover, Bill Y Edwards, W. N Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom Glover, M. N Greene, J. Greer, J.W. N Ham, B. Hamilton, G. N Banner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. Y Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. N Holmes, Bob Home, F. Horton, G.T. N Housley, E. N Hudson, Ted Hutchinson, R.S. Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. Jones, Herb Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. N Kilgore, T.M. Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. 2202 JOURNAL OF THE HOUSE, Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Nessmith, P.E. N Nichols, M. N Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. Ramsey, T. Y Randall, W.C. Reaves, H.L. N Richardson, E. N Robinson, C. Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. N Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 23, nays 110. The motion was lost. Representative Taggart of the 125th moved that the Committee of Conference appointed on the part of the House for the following Bill of the House be discharged and that a second Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate: HB 1046. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and (" rol Alcoholic Beverages and Liquors", as amended, so as to authorize the ^...ate Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufac turers, distillers, or wholesalers under certain conditions; and for other pur poses. The motion prevailed and the Speaker appointed as a second Committee of Confer ence on the part of the House, the following members: Representatives Taggart of the 125th, Carnes of the 43rd, and Johnston of the 56th. The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HR 478-1349. By: Representatives Murphy of the 18th, Connell of the 87th, and Snow of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide for the recall of State, county and municipal public officials who hold elective office; to repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution providing for the recall of such officials; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office; to repeal Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, which proposed an amendment to the Constitution providing for the recall of officials; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article I of the Constitution is hereby amended by adding at the end thereof a new Section to be designated Section IV, to read as follows: WEDNESDAY, MARCH 1, 1978 2203 "SECTION IV. RECALL Paragraph I. Recall of Public Officials Holding Elective Office. The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds and all other matters relative to such recall shall be provided for in such law. On the date any such law becomes effective, all local laws relative to recall shall stand repealed, and no local law relative to recall shall be enacted after such date." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assem bly to provide by general law for the recall of public officials who hold ( ) NO elective office?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Section 3. Resolution Act No. 51, found in Ga. Laws 1977, p. 1557, proposing an amendment to the Constitution so as to provide for the recall of State, county and munici pal public officials who hold elective office, is hereby repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HR 478-1349. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Carlisle, J. Y Games, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y MeCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y PhiUips, L.L, Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. 2204 JOURNAL OF THE HOUSE, Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 145, nays 0. The motion prevailed. HB 831. By: Representatives Hutchinson of the 133rd, Daniel of the 88th, Isakson and Harrison of the 20th, Smith of the 42nd, Owens of the 77th, Hays of the 1st, Money of the 5th, and others: A BILL to amend an Act relating to motor vehi cle licenses, as amended, which Act has been codified as Code Chapter 92-29, so as to change the license tag fees for certain vehicles; to provide an effective date; and for other purposes. The following Senate amendments were read: SENATE AMENDMENT NO. 1 to HB 831: Amend HB 831 by striking on page 2, lines 16 through 23 in their entirety, and insert ing in lieu thereof the following: "(5) Private trailers. For each private trailer, the annual license fee shall be $8.00; however, for farm trailers, house trailers, auto trailers, boat trailers, horse and cattle trailers, trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination, and trailers with no springs which are pulled from a tongue and used primarily to transport fertilizer to the farms, the annual license fee shall be $5.00."; and By striking on page 2, from line 25, the following: "$8.00", and inserting in lieu thereof the following: "$5.00". SENATE AMENDMENT NO. 2 TO HB 831: Amend HB 831 by striking on page 2, line 28, the figure "1,500" and inserting in lieu thereof the figure "3,500". Representative Hutchinson of the 133rd moved that the House agree to the Senate amendments to HB 831. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, K. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dison, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. WEDNESDAY, MARCH 1, 1978 Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y KUgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhUlips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. 2205 Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 137, nays 0. The motion prevailed. HB 1356. By: Representative Hatcher of the 131st: A BILL to amend Code Section 92-3108, relating to the definition of Internal Revenue Code of 1954 for pur poses of income taxation, so as to change the definition; to provide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 92-31, relating to imposition, rate and computation of income tax, so as to change certain provisions relating to deductions from Federal adjusted gross income; to change the definition of "Internal Revenue Code of 1954"; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 92-31, relating to imposition, rate and computation of income tax, is hereby amended by striking subsection (a) of Code Section 92-3107 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) Georgia taxable net income of an individual shall be the taxpayer's Federal adjusted gross income, as defined in the United States Internal Revenue Code of 1954, less (1) the standard deduction er either the sum of all itemized nonbusiness deduc tions, whichever is taken by if the taxpayer itemized nonbusiness deductions in com puting Federal taxable incomer The standard deduction referred te herein shall be or, if the taxpayer could not or did not itemize nonbusiness deductions, then the standard deduction allowed under the provisions of the United States Internal Revenue Code of 1954, in force and effect on January 1, 1974, and (2) the exemptions provided for in Section 92-3106, with the adjustments provided for in subsection (b)." Section 2. Said Code Chapter is further amended by striking from Code Section 92-31"0189,77w"h,erever the same appears, the following: and substituting in lieu thereof the following: 2206 JOURNAL OF THE HOUSE, "1978", so that when so amended Code Section 92-3108 shall read as follows: "92-3108. Definitions. Whenever the Internal Revenue Code of 1954 is referred to or used in this Chapter, it shall mean the United States Internal Revenue Code of 1954 as it existed on January 1, 1977 1978, and any term used in this Chapter shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1954, as amended, in force and effect on January 1, 1977 1978, unless otherwise provided in this Chapter." Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to all taxable years beginning on or after January 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Hatcher of the 131st moved that the House agree to the Senate substi tute to HB 1356. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, WJ. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 143, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 937. By: Representative Buck of the 95th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax certain transactions between persons with common own ership; to provide an effective date; and for other purposes. The following Senate substitute was read: WEDNESDAY, MARCH 1, 1978 2207 A BILL To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to exempt from the tax certain transactions between persons with common ownership; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by adding a new subparagraph to paragraph 2 of subsection (c) of Section 3 thereof, to be designated subparagraph (aa), to read as follows: "(aa) The use by, or lease or rental of tangible personal property to a person who acquires the property from another person where both persons are under 100% common ownership and where the person who furnishes or leases or rents the property has: 1. Previously paid sales or use tax on the property; or 2. Has been credited under Section 10 of this Act with paying a sales or use tax on the property so furnished, leased or rented; provided, that the tax so credited is based upon the fair rental or lease value of the property." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Buck of the 95th moved that the House agree to the Senate substitute to HB 937. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collira, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Garmnage, L. Y GigniUiat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 2208 JOURNAL OF THE HOUSE, On the motion, the ayes were 149, nays 0. The motion prevailed. HB 1671. By: Representatives Ramsey of the 3rd, Long of the 142nd, Keyton of the 143rd, Williams of the 6th, Ralston of the 7th, and Beck of the 148th: A BILL to amend the Code of Georgia of 1933 so as to create a new Code Title 68D, to be known as "The Georgia Driver Improvement Act"; to provide for the crea tion, operation and management of driver improvement programs; to provide for a statement of purpose; to provide that the provisions of such Code Title are in addition to existing laws; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1671 as follows: By redesignating Section 2 as Section 3 and inserting a new Section 2 immediately fol lowing line 7 of page 6 to read as follows: "Section 2. This Act shall become effective on October 15, 1978.". Representative Ramsey of the 3rd moved that the House agree to the Senate amend ment to HB 1671. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Deveaux, C. Dijon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 144, nays 0. The motion prevailed. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Boss, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker WEDNESDAY, MARCH 1, 1978 2209 HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 45, known as the "Game and Fish Code," so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; to change the provisions relative to conservation rangers; to make certain provisions applicable only to certain deputy conservation rangers; to change the provisions relative to wildlife technicians; to make it unlawful to hunt, trap or fish except at the times and places established by law or rules and regulations; to make it unlawful for a person to hunt on lands of another without written permission; to provide for exceptions; to provide for enforcement; to make it unlawful to hunt, trap or fish after obtaining the bag or creel limit for a species; to make certain changes regarding nongame species; to provide for additional penalties for hunting deer at night after a certain date; to delete the requirement that a firearm or bow and arrow be cased in a management area; to make certain changes regarding bonded and cash license agents; to authorize nonresi dents to hunt on their land owned in this State under certain circumstances; to require trout stamps in certain waters; to make certain changes regarding commercial fishing boat licenses; to make certain changes in the names of licenses; to make certain changes per taining to commercial saltwater fishing licenses; to provide that creel limits are not appli cable at licensed catch-out ponds; to change the provisions relative to taxidermists; to make certain provisions inapplicable to game fish; to make certain changes relating to game-holding permits; to make certain changes relating to wildlife exhibition permits; to make certain changes regarding wildlife storage permits; to make certain changes regarding falconry; to provide for license or permit revocation, denial, suspension or nonrenewal in certain instances; to require a wildlife importation permit, a federal migratory bird stamp, and a field and retriever trial permit; to make certain changes pertaining to hunting hours; to make certain changes pertaining to legal weapons; to correct the titles of certain Sec tions; to amend the Section relating to hunting while under sail or motor or while in motion; to make it unlawful to possess more than certain bag limits at certain places; to train hunting dogs; to change certain provisions relating to the killing of dogs running deer; to make certain changes relating to the taking and sale of game fish; to make certain changes relating to creel and possession limits; to make certain changes relating to trout waters and streams; to provide for certain possession limits in connection with certain reciprocal agreements; to make certain changes relating to commercial shad fishing; to make certain changes in the Section dealing with fish dealers; to make certain changes regarding the use of seines in salt water and to provide for an additional penalty in con nection therewith; to make certain changes in the Section pertaining to commercial saltwater fishing gear; to provide for a definition of adult eels; to make certain changes relating to wild animals; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 45, known as the "Game and Fish Code," is hereby amended by deleting in subsection 45-102(33) after the word "import" and before the words "fish dealer" the word: "wholesale", and by placing a period after the words "fish eggs into this State" and deleting the remainder of said subsection which reads as follows: "for the purpose of stocking or restocking any of the fresh waters of this State or the transporting into this State of fish to be used as freshwater bait, either in or outside 2210 JOURNAL OF THE HOUSE, of this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale.", so that when amended, subsection 45-102(33) shall read as follows: "(33) 'Import fish dealer' means any person engaged in transporting live fish or fish eggs into this State." Section 2. Said Code Title is further amended by deleting the word "hunting" in subsection 45-102(37), so that when amended said subsection shall read as follows: "(37) 'Night' means between the hours of thirty (30) minutes after sunset and thirty (30) minutes before sunrise." Section 3. Said Code Title is further amended by deleting in subsection 45-102(50) the following: "for the purpose of stocking or restocking any fresh waters of this State or the pur chasing, raising, propagating, breeding or acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all the foregoing are", and by deleting the period and adding at the end of said subsection the phrase: "or for aquaria.", so that when amended subsection 45-102(50) shall read as follows: "(50) 'Retail fish dealer' means any person engaged in the purchasing, raising, propa gating, breeding or other acquisition or possession of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria." Section 4. Said Code Title is further amended by deleting the period at the end of subsection 45-102(60) and inserting in lieu thereof the following: ", and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species.", so that when amended subsection 45-102(60) shall read as follows: "(60) 'Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not normally a domestic species in this State, and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species." Section 5. Said Code Title is further amended by deleting the period at the end of subsection 45-102(61) and inserting in lieu thereof the following: "or who offers any wild animal for sale to the public.", so that when amended subsection 45-102(61) shall read as follows: "(61) 'Wild animal retail dealer' means any person who imports, transports or pos sesses any wild animal for the purpose of sale to the public or who offers any wild ani mal for sale to the public." Section 6. Said Code Title is further amended by deleting in subsection 45-102(64) the following: "for the purpose of stocking or restocking any fresh waters of this State, or the pur chasing, raising, propagating, breeding or other acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all of the foregoing are", and by deleting the period at the end of said subsection and inserting: "or aquaria.", so that when amended subsection 45-102(64) shall read as follows: "(64) 'Wholesale fish dealer' means any person engaged in the purchasing, raising, propagation, breeding or acquisition or possession of live fish or fish eggs to be sold or furnished to others for the purpose of resale or aquaria." Section 7. Said Code Title is further amended by inserting between the words "regu late the" and before the word "manner" in subsection 45-103(b), the following words: "times, places, numbers, species, sizes,", so that when amended subsection 45-103(b) shall read as follows: "(b) Promulgation of all rules and regulations necessary for the administration of this Title, including but not limited to rules and regulations to regulate the times, places, WEDNESDAY, MARCH 1, 1978 2211 numbers, species, sizes, manner, method, ways, means and devices of killing, taking, cap turing, transporting, storing, selling, using and consuming wildlife and to carry out the provisions of this Title, and rules and regulations requiring daily use permits, for a fee not to exceed one dollar ($1.00), for the privilege of hunting and fishing in designated streams, lakes or game management areas." Section 8. Said Code Title is further amended by deleting in its entirety Section 45-116, relating to conservation rangers, and inserting in lieu thereof a new Section 45-116 to read as follows: "45-116. Conservation Rangers. The Board shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office and other mat ters pertaining to a uniformed division to be known as conservation rangers. Provided, however, all such conservation rangers shall be at least twenty-one (21) years of age. The Board, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers including, but not limited to, the Commissioner and other supervisory personnel; provided, however, that the Commissioner and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975 (Ga. Laws 1975, p. 79). The Commis sioner shall have the power to appoint conservation rangers of the State at large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the Department. Pro vided, further, however, beginning with fiscal year 1979, the members of the Uniformed Division of Conservation Rangers shall consist of and be compensated at the following position classifications and pay grades, or the equivalent of such pay grades: Ranger Corporal Sergeant Lieutenant Captain Major Lieutenant Colonel Colonel Pay Grade 15 Pay Grade 16 Pay Grade 17 Pay Grade 18 Pay Grade 19 Pay Grade 21 Pay Grade 22 Pay Grade 24 The above members of the Uniform Division of Conservation Rangers, being in the clas sified service under the State Merit System of Personnel Administration, shall be sub ject to the rules and regulations of such system except as provided herein and the compensation for such pay grade, or the equivalent of such pay grades, shall not be reduced. Provided further, however, except for disciplinary action, no conservation ranger shall be involuntarily reassigned to a position classification and pay grade, or the equivalent of such pay grade, lower than that held by such conservation ranger on Janu ary lj 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, conservation rangers shall be compensated at the position classification and pay grade, or the equivalent of such pay grade, held by each such con servation ranger on January 1^ 1978, rather than being compensated at the position clas sification and pay grade specified in this Section." Section 9. Said Code Title is further amended by adding to the second sentence of subsection 45-117(b) after the word "rangers" and before the word "shall", the following phrase: "who are not employees of the Department", so that when amended subsection 45-117(b) shall read as follows: "(b) Deputy conservation rangers shall have all or part of the powers and duties of conservation rangers, as assigned by the Board. Deputy conservation rangers who are not employees of the Department shall receive no compensation for their services. The 2212 JOURNAL OF THE HOUSE, Board is hereby authorized to appoint such number of deputy conservation rangers as may be necessary to carry out the duties assigned to them." Section 10. Said Code Title is further amended by inserting in subsection 45-117(c) after the word "ranger" and before the word "shall" the following phrase: "who is not an employee of the Department", so that when amended subsection 45-117(c) shall read as follows: "(c) Each deputy conservation ranger who is not an employee of the Department shall personally secure a bond of not less than five thousand dollars ($5,000) from a bonding or surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Department." Section 11. Said Code Title is further amended by adding at the end of Code Section 45-118 a new subsection to be designated subsection (e) and to read as follows: "(e) At the expense of the Department, to assist the Department of Public Safety and the Georgia Bureau of Investigation, in carrying out their duties and responsibilities, when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation." Section 12. Said Code Title is further amended by inserting a new Section to follow present Section 45-120 and to read as follows: "45-121. Wildlife Technicians. Beginning with fiscal year 1979, wildlife technicians of the Department shall be in the classified service under the State Merit System of Per sonnel Administration and shall be compensated at the following position classifications and pay grades or the equivalent of such pay grades: Wildlife Technician I Wildlife Technician II Wildlife Technician III Wildlife Technician IV Pay Grade 14 Pay Grade 15 Pay Grade 16 Pay Grade 17 The above wildlife technicians being in the classified service under the State Merit Sys tem of Personnel Administration, shall, except as provided herein, be subject to the rules and regulations of such system and the compensation for such pay grades or the equivalent of such pay grades, shall not be reduced. Provided, however, except for disci plinary action, no wildlife technician shall be involuntarily reassigned to a position clas sification and pay grade, or the equivalent of such pay grade, lower than that held by such wildlife technician on January 1, 1978. Provided further, however, if personal ser vices funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, wildlife technicians shall be compensated at the position classifications and pay grades, or the equivalent to such pay grades, held by each such wildlife technician on January 1, 1978, rather than being compensated at the position classifications and pay grades, the equivalent of such pay grades, specified in this Section." Section 13. Said Code Title is further amended by inserting in subsection 45-201 (d) after the word "creel" and before the words "and possession" the word ", size" and by inserting in said subsection after the word "weapons" and before the word "as" the follow ing: "and except at such times and places", so that when amended subsection 45-201 (d) shall read as follows: "(d) It shall be unlawful to hunt, trap or fish except in compliance with the bag, creel, size and possession limits and except with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the Board." Section 14. Said Code Title is further amended by renumbering present subsection 45-201(e) as subsection 45-201(f) and by adding a new subsection 45-201(e) to Section WEDNESDAY, MARCH 1, 1978 2213 45-201 after present subsection 45-201(d) and before renumbered subsection 45-201(f), which new subsection shall read as follows: "(e) It shall be unlawful to hunt, trap or fish for any game species after having obtained the daily or season bag or creel limit for that species." Section 15. Said Code Title is further amended by adding two new sentences at the end of Section 45-202, which new sentences shall read as follows: "The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species.", so that when amended Section 45-202 shall read as follows: "45-202. Nongame Species. Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish, take, possess or transport any nongame species of wildlife except that the following species may be taken to protect crops or livestock, to prevent personal injury, to obtain fish bait or to gather food: rats, mice, groundhogs, beaver, freshwater turtles, poisonous snakes, frogs, spring lizards, fiddler crabs, freshwater crayfish and freshwater mussels. The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any spe cies which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endan gered or threatened species." Section 16. Said Code Title is further amended by deleting from subsection 45-213(b) the following: ", cased,", so that when amended subsection 45-213(b) shall read as follows: "(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing or game management area owned or operated, or owned and operated, by the Department except during a legal open hunting season for that area and except when such firearms or bow and arrow is unloaded and stored so as not to be readily accessible." Section 17. Said Code Title is further amended by deleting in its entirety paragraph 4 of subsection 45-301(b) which reads: "(4) Keep copies of all licenses sold.", and inserting in lieu thereof the following: "(4) Send to the Department copies of all licenses sold." Section 18. Said Code Title is further amended by deleting in its entirety the second sentence of paragraph 4 of subsection 45-301 (c) which sentence reads: "Such remittances shall be in the form of a certified check or a United States postal money order.", so that when amended paragraph 1 of subsection 45-301(c) shall read as follows: "(1) Remit to the Department, in advance, the net cost of any licenses ordered for sale." Section 19. Said Code Title is further amended by deleting in its entirety paragraph 3 of subsection 45-301 (c) which reads: "(3) Keep copies of all licenses sold.", and inserting in lieu thereof the following: "(3) Send to the Department copies of all licenses sold." Section 20. Said Code Title is further amended by inserting in subsection 45-302(c) between the designation "45-303," and the word "except" the following: "except as provided in this subsection and", and by adding at the end of said subsection the following: 2214 JOURNAL OF THE HOUSE, "A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia.", so that when so amended said subsection 45-302(c) shall read as follows: "(c) It shall be unlawful for any person not a resident of Georgia who has attained the age of sixteen (16) years to hunt, fish or trap in this State without a valid nonresi dent hunting, fishing or trapping license, respectively, as provided in Section 45-303, except as provided in this subsection and except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish or trap without carrying such license on his person, unless otherwise specifically directed by authorized personnel of the Department. A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only on such land such person shall be considered a resident of Section 21. Said Code Title is further amended by adding to subsection 45-302(d) after the word "trout" and before the word "unless" the following phrase: "or to fish in any waters designated in this Title as trout waters or trout streams,", so that when amended subsection 45-302(d) shall read as follows: "(d) It shall be unlawful for any resident of this State who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to fish for or possess moun tain trout or to fish in any waters designated in this Title as trout waters or trout streams, unless such person has in his possession a trout stamp attached to his sport fishing license with the name of such person signed across the face of the stamp." Section 22. Said Code Title is further amended by inserting in subsection 45-302(n) between the word "licenses" and the word "shall" the following: ", including commercial fishing boat licenses,", so that when so amended said subsection shall read as follows: "(n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses, including commercial fishing boat licenses, shall be effective from April 1 to March 31 of the following year." Section 23. Said Code Title is further amended by deleting in subsection 45-303(g) of paragraph 3, the word: "wholesale", so that when amended paragraph 3 of subsection 45-303(g) shall read as follows: "(3) Import fish Annual $100.00 dealer license". Section 24. Said Code Title is further amended by deleting in paragraph 5 of subsec tion 45-303(g) the word "dealer" and inserting in lieu thereof the word: "breeder", so that when amended paragraph 5 of subsection 45-303(g) shall read as follows: "(5) Commercial quail Annual $25.00 breeder permit". Section 25. Said Code Title is further amended by inserting after the word "fee" and before the word "overall", the word "in" and by deleting from paragraph 4 of subsection 45-305(b) the following: "fifty (50) cents per foot or fraction thereof.", and inserting in lieu thereof the following phrase: "five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eigh teen (18) feet", so that when amended paragraph 4 of subsection 45-305(b) shall read as follows: "(4) All boats, other than trawlers, over eighteen (18) feet in overall length, five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet." WEDNESDAY, MARCH 1, 1978 2215 Section 26. Said Code Title is further amended by deleting from the title of Section 45-306 the following: "; Nonresidents", so that when amended the title of Section 45-306 shall read as follows: "45-306. Commercial Saltwater Fishing Licenses." Section 27. Said Code Title is further amended by adding a new sentence at the end of subsection 45-306(b), which new sentence shall read as follows: "Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State at any time when the commercial saltwater fishing license of such person has been revoked or suspended.", so that when amended subsection 45-306(b) shall read as follows: "(b) When a person in charge of the operation of a commercial fishing boat, whether or not that person is the owner of the commercial saltwater fishing license and is on board such commercial fishing boat, then any person assisting in commercial fishing under the supervision of such licensed person need not have a commercial saltwater fish ing license in his name. Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State, at any time when the commercial saltwater fishing license of such person has been revoked or suspended." Section 28. Said Code Title is further amended by inserting in Section 45-307 after the words "with the" and before the words "possession limits" the words: "creel limits,", so that when amended Section 45-307 shall read as follows: "45-307. Catch-out Pond Licenses. The owner or operator of a catch-out pond oper ated as one contiguous unit and under single ownership, including ownership by a part nership, firm, association or corporation, may purchase a catch-out pond license as provided in Section 45-303. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp, and without complying with the creel limits, possession limits, size limits and seasons set forth in this Title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in said pond as if such pond was a licensed catch-out pond." Section 29. Said Code Title is further amended by adding immediately preceding the period appearing at the end of subsection 45-308(d) the following: ", unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department", so that when so amended, subsection 45-308(d) shall read as follows: "(d) It shall be unlawful for a taxidermist to sell any wildlife or part thereof which is left unclaimedj unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department." Section 30. Said Code Title is further amended by adding two new subsections at the end of Section 45-308 to be designated subsections (g) and (h) and to read as follows: "(g) Notwithstanding any other provision of this Title to the contrary, it shall not be unlawful for a licensed taxidermist to mount and sell legally taken furbearers, without procuring a fur dealer's license. (h) It shall not be unlawful for a licensed taxidermist to mount and sell legally taken wildlife with prior written permission of the Director of the Game and Fish Division. Section 31. Said Code Title is further amended by deleting in the first and second sentences of Section 45-312 the words: "game species", and inserting in lieu thereof the following: "game animal or game bird", 2216 JOURNAL OF THE HOUSE, and by inserting in the first sentence after the word "for" and before the word "purpose" the w"tohrde:", and by adding a new sentence to the end of said Section, which new sentence shall read as follows: "Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit.", so that when amended Section 45-312 shall read as follows: "45-312. Game-holding Permits. It shall be unlawful for any person to hold or possess any game animal or game bird for the purpose of propagation or pets without first obtaining a valid game-holding permit as provided in Section 45-303. Any game animal or game bird held under such permit may not be sold by the holder but must be retained, consumed or disposed of without charge. Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit." Section 32. Said Code Title is further amended by inserting a new sentence between the first and second sentences in subsection 45-314(a), which new sentence shall read: "No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes.", and by adding a new sentence at the end of said subsection, which new sentence shall read as follows: "Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish.", so that when amended subsection 45-314(a) shall read as follows: "(a) It shall be unlawful for any person to keep, hold or possess any wildlife in captiv ity for the purpose of display or exhibition to the public without first procuring a valid wildlife exhibition permit as provided in Section 45-303. No such permit shall be issued by the Department except where the exhibition or display is solely for educational pur poses. The Department may impose conditions on such permit requiring adequate sani tation facilities, housing and feed for the animals and insuring the safety of the public in accordance with regulations promulgated by the Board. Exhibitions of wildlife by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wildlife exhibition permit; provided, however, such exhibi tors must comply with all regulations of the Board relating to sanitation, housing, feed and public safety. Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish." Section 33. Said Code Title is further amended by deleting in Section 45-316 after the words "the person" and before the words "to exhibit" the words: "offering or requesting to store such wildlife", and inserting in lieu thereof the following words: "delivering such wildlife for storage", and by adding a new sentence at the end of said Section, which new sentence shall read as follows: "Provided, however, nothing herein shall be construed to require a permit to store fish.", so that when amended Section 45-316 shall read as follows: "45-316. Wildlife Storage Permits. It shall be unlawful for any person operating a gro cery store, hotel, market, cold storage house, restaurant or any commercial facility receiving wildlife for storage to receive for storage or to store any wildlife or parts thereof without first obtaining a wildlife storage permit from the Department and with out requiring the person delivering such wildlife for storage to exhibit a valid license authorizing such person to take or possess such wildlife. Provided, however, nothing herein shall be construed to require a permit to store fish." WEDNESDAY, MARCH 1, 1978 2217 Section 34. Said Code Title is further amended by inserting a new sentence at the end of subsection 45-318(a), which new sentence shall read as follows: "Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards.", so that when amended subsection 45-318(a) shall read as follows: "(a) It shall be unlawful for any person to trap, take, transport or possess raptors for falconry purposes unless such person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Section 45-303. Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards." Section 35. Said Code Title is further amended by adding a new subsection to Section 45-318 to be numbered subsection (s) and to read as follows: "(s) It shall be lawful for a falconer meeting the requirements of this Section to take small game with raptors in accordance with the provisions of this Section and the law and regulations regulating the taking of small game." Section 36. Said Code Title is further amended by renumbering present subsections 45-323 (b) and (c) as subsections 45-323 (c) and (d) respectively and by adding a new sub section 45-323 (b) after present subsection 45-323 (a) and before renumbered subsection 45-323(c), which new subsection shall read as follows: "(b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or per mitted activity pursuant to the authority of the license or permit of such licensee or per mittee or applicant for a license'or permit or both, and violates any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the provisions of this Section." Section 37. Said Code Title is further amended by adding three new Sections to be numbered Sections 45-325, 45-326 and 45-327, and to read as follows: "45-325. Wildlife Importation Permit. It shall be unlawful to import any wildlife, other than fish, without obtaining, at no cost, a wildlife importation permit from the Department. Such permit shall not be issued except for educational or scientific pur poses. 45-326. Federal Migratory Bird Hunting and Conservation Stamp Required. It shall be unlawful to hunt brant, ducks, geese and swans in this State without a federal Migra tory Bird Hunting and Conservation Stamp. 45-327. Field and Retriever Trial Permit, (a) It shall be unlawful for any person to conduct a field or retriever trial without first obtaining a permit, at no cost, from the Department. In trials conducted with such a permit, the species of wildlife specified on the permit may be set or pursued by dogs, but such wildlife may not be taken except during the open season for such species of wildlife. The person conducting such a field trial shall require all participants therein to register. (b) It shall be unlawful for any person to participate in a field or retriever trial unless a permit for such trial has been issued by the Department and such person is registered as a participant in such trial. Hunting licenses shall not be required for regis tered participants in trials permitted by the Department." Section 38. Said Code Title is further amended by striking Section 45-501 in its entirety and inserting in lieu thereof a new Section 45-501, to read as follows: "45-501. Penalty ft Hunting ea feasds ef Another Without Pcrmiaoion Permission to Hunt on Lands of Another; Written Permission; Enforcement, (a). It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another 2218 JOURNAL OF THE HOUSE, in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. (b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another. (c) It shall beThe duty of conservation rangers, sheriffs and deputy sheriffs to enforce the provisions of this Section." Section 39. Said Code Title is further amended by deleting the present title of Section 45-502 which reads: "Night Hunting.", and inserting in lieu thereof a new title to read: "Hunting Hours." Section 40. Said Code Title is further amended by deleting in subsection 45-502(a) the words: "dry cell", and by inserting in said subsection after the words "may be" carried" and before the words "by a hunter" the phrase: "by hand", and by inserting after the phrase "by a hunter" and before the phrase "and used for" the phrase: "or worn on the hunter's belt", so that when amended subsection 45-502(a) shall read as follows: "(a) It shall be unlawful to hunt at night any game bird or game animal in this State except for raccoons, opossums, foxes, and bobcats and these may not be hunted with lights, except that a light which does not exceed six (6) volts or a fuel type lantern may be carried by hand by a hunter or worn on the hunter's belt and used for locating such animals." Section 41. Said Code Title is further amended by adding two new subsections at the end of Section 45-502 to be designated subsections (i) and (j) and to read as follows: "(i) It shall be unlawful to hunt migratory game birds between sunset and one-half hour before sunrise. It shall also be unlawful to hunt migratory game birds between onehalf hour before sunrise and sunset except that it shall not be unlawful to hunt migra tory game birds during those hours as may be designated by the Board for a particular migratory game bird. In accordance with the framework of open hunting season dates established by the U. S. Fish and Wildlife Service, and as may be appropriate based on sound wildlife management principles, the Board is hereby specifically authorized to promulgate rules and regulations establishing the hours, on a Statewide, regional or local basis, for hunting migratory game birds. The Board is hereby specifically authorized to promulgate such rules and regulations without complying with the provisions of an Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, and all rules and regulations promul gated by the Board pursuant to this subsection shall be effective immediately upon adoption. (j) If, after July 1, 1978, a person commits and is convicted of two or more violations of hunting deer at night, such person shall be guilty of a felony and shall be sentenced for a minimum of 1 year and a maximum of 10 years imprisonment." Section 42. Said Code Title is further amended by adding a new sentence at the beginning of subsection 45-503(a) which new sentence shall read as follows: "Longbows and compound bows may be used for taking small game.", and "dleolnegti"n,g in said subsection the word "such" and inserting in lieu thereof the word: and by deleting the semicolon at the end of said subsection and inserting in lieu thereof a period and a new sentence to read as follows: "Arrows for hunting deer must be broadhead type, with a minimum width of seveneighths (%) of an inch;", so that when amended, subsection 45-503(a) shall read as follows: WEDNESDAY, MARCH 1, 1978 2219 "(a) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting sea son and during the archery season for deer, provided that long bows have a minimum recognized pull of forty (40) pounds at twenty-eight (28) inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seven-eighths (%) of an inch;". Section 43. Said Code Title is further amended by deleting from the title of Section 45-509 the word "Game" and inserting in lieu thereof the word: "Wildlife", and by inserting after the word "Discharging" and before the word "Weapon" the word: "a", so that when amended, the title of Section 45-509 shall read as follows: "45-509. Taking Wildlife on or Discharging a Weapon Across a Public Road." Section 44. Said Code Title is further amended by deleting the word "species" in the second sentence of Section 45-510, and inserting in lieu thereof the phrase: "bird or game animal", so that when amended Section 45-510 shall read as follows: "45-510. Use of Drugs, Poisons, Chemicals, Smoke, Gas, Explosives, Recorded Sounds or Calls and Electronic Communication Equipment Prohibited. It shall be unlawful to hunt any game animal or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives or recorded calls or sounds, or recorded or electronically amplified sounds or imitation of calls or sounds. It shall also be unlawful to use electronic commu nications equipment for the purpose of facilitating pursuit of any game bird or game animal." Section 45 Said Code Title is further amended by deleting in Section 45-511 the word "or" appearing after the phrase "an airplane" and before the words "a hydroplane' and by inserting after the phrase "a hydroplane" the following phrase: ", or a motor vehicle.", and then deleting the remainder of said Section, so that when amended, Section 45-511 shall read as follows: , , ,. "45-511 Killing of Birds and Animals from Boats, Sail Boats, Aircraft and Motor Vehicles Prohibited. It shall be unlawful to hunt any game bird, game animal or furbearing animal from an electric, gas or steam boat, a sail boat, an airplane, a hydroplane, or a motor vehicle." Section 46. Said Code Title is further amended by adding a new subsection to Section 45-513 which new subsection shall be numbered subsection (e) and shall read as e It shall be unlawful for any person to possess more than the daily bag limit or more than the aggregate daily bag limit while in the field or while returning; from^he field to one's automobile or principal means of land transportation, or to one s perma nent abode or temporary or transient place of lodging, or to a commercial storage facil ity, or to a post office, or to a common carrier facility. Section 47. Said Code Title is further amended by adding a ne.subsection to Section 45-514, which new subsection shall be numbered subsection (e) and shall read as e) It shall be unlawful for any person to train hunting doSs that owned by such person or his immediate family, unless such person has a hunting license in his immediate possession." S.o,ion 48. SM Code Till, i, tath,, *TMM by J.I.U Section 45-52. in iu 2220 JOURNAL OF THE HOUSE, hunting, and no action for damages shall be maintained against the person for such kill ing. (b) It shall be unlawful for any person other than a conservation ranger, sheriff, or deputy sheriff to kill a dog with a collar, which dog is or has been pursuing or killing a deer." Section 49. Said Code Title is further amended by adding two new sentences at the end of Section 45-705, which new sentences shall read as follows: "Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river.", so that when amended, Section 45-705 shall read as follows: "45-705. Unlawful to Fish Except by Certain Methods. It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this State by any method other than a pole and line, sport trot lines in accordance with Section 45-706 of this Title, set hooks, jugs, and bow and arrow in accordance with Section 45-709, spears in accordance with Section 45-707, bow nets as provided in Section 45-720, seines in accordance with Section 45-708, and as authorized in Section 45-803 with regard to commercial freshwater fish ing. Provided, however, dip nets may be used to take threadfin and gizzard shad for bait and landing nets may be used to land fish legally caught. Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river." Section 50. Said Code Title is further amended by deleting the present title of Section 45-713 and inserting in lieu thereof the following: "Creel and Possession Limits.", and by inserting in the first sentence of said Section, after the word "unlawful" and before the words "to possess" the following phrase: "to take in one day or", and to insert after the words "any one time," and before the words "more than" the words: "except at one's place of abode or at a commercial storage facility,", so that when amended, Section 45-713 shall read as follows: "45-713. Creel and Possession Limits. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facil ity, more than: (a) Ten (10) of any one, or a combination of the following species: largemouth bass, smallmouth bass; shoal bass; Suwannee bass; spotted bass or Kentucky bass; and redeye or Coosa bass. (b) Eight (8) of any one, or a combination of, the following species: rainbow trout; brook trout; and brown trout. (c) Thirty (30) white bass. (d) Six (6) of any one, or a combination of, the following species: striped bass or rock fish, and striped-white bass hybrid. (e) Fifty (50) of any one, or a combination of, the game species of bream or sunfish. (f) Eight (8) walleye (walleyed pike). (g) Eight (8) sauger. (h) Two (2) muskellunge. WEDNESDAY, MARCH 1, 1978 2221 (i) Fifteen (15) of any one, or a combination of, the following species of pickerel: chain; grass; and redfin. (j) Fifty (50) of any one, or a combination of, the following species: black crappie and white crappie. (k) Eight (8) of any one, or a combination of, the following species: American shad and hickory shad. (1) A total of fifty (50) of all of the species named in this Section." Section 51. Said Code Title is further amended by inserting in Section 45-717 after the words "following streams" and before the phrase "are trout streams" the following: ", excluding any impoundments thereon unless specifically included,", so that when amended, the portion of Section 45-717 preceding subsection (a) shall read as follows: "45-717. Trout Streams Without Seasons. The following streams, excluding any impoundments thereon unless specifically included, are trout streams which shall be open for trout fishing throughout the year:". Section 52. Said Code Title is further amended by inserting in Section 45-718 after the word "watersheds" and before the words "are hereby" the following: ", excluding any impoundments thereon unless specifically included,", so that when amended the portion of Section 45-718 preceding subsection (a) thereof shall read as follows: "45-718. Trout Waters With Seasons. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are hereby designated as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March each year through the 31st of October of each year:". Section 53. Said Code Title is further amended by inserting a new sentence between the first and second sentences of paragraph (2) of subsection 45-728(c) to read as follows: "It shall also be unlawful for any person to possess more than ten (10) in the aggre gate of striped bass and striped-white bass hybrid.", so that when so amended paragraph (2) of subsection 45-728(c) shall read as follows: "(2) It shall be unlawful for any person to possess more than forty (40) in the aggre gate of all game fish, except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and stripedwhite bass hybrid. It shall be unlawful to possess more than ten (10) in the aggregate of largemouth, spotted or Coosa bass, and more than eight (8) in the aggregate of trout. No person may possess in either state more fish than permitted by that state even though the fish may have been caught in the waters of the other state." Section 54. Said Code Title is further amended by deleting in subsection 45-805(g) the word "Shad" and inserting in lieu thereof: "Commercial shad", so that when amended subsection 45-805(g) shall read as follows: "(g) Commercial shad fishing is prohibited in the Savannah Back River downstream from New Savannah cut." Section 55. Said Code Title is further amended by inserting in subsection 45-805(h) after the word "possession" and before the word "limit" the words: "or creel", so that when amended, subsection 45-805(h) shall read as follows: "(h) Notwithstanding any other provision to the contrary, there shall be no posses sion or creel limit on shad taken pursuant to this Section." Section 56. Said Code Title is further amended by deleting from the first sentence of subsection 45-808(c) the word: and by'dleleting in said subsection the word "transport" and inserting in lieu thereof the words: 2222 JOURNAL OF THE HOUSE, "sell, purchase or possess", so that when amended subsection 45-808(c) shall read as follows: "(c) It shall be lawful for any person to sell or purchase game fish from a pond when the owner of such pond has obtained a valid permit from the Department and such permit is displayed in a prominent place at said pond and such person shall have com plied with all the requirements of this Section and any regulations promulgated pur suant hereto. Such permit may be issued to the owner only once annually and shall limit the time for taking fish from said pond to fifteen (15) days unless an extension is granted by the Department. Provided, however, no person shall sell, purchase or possess any game fish taken from such a pond unless said fish are packaged and labeled with the pond permit number and the number and pounds of each species of fish contained therein. Said fish shall remain so packaged until processed for consumption or released into another body of water." Section 57. Said Code Title is further amended by inserting in the title of Section 45-810 after the word "Wholesale" and before the phrase "and Retail Dealers" the follow ing: ", Import", so that when amended, the title to Section 45-810 shall read as follows: "45-810. Taking of and Dealing in Live Fish and Fish Eggs; Wholesale, Import and Retail Dealers; Licenses; Prohibited Acts." Section 58. Said Code Title is further amended by deleting in subsection 45-810(a) after the word "import" and before the word "dealer" the word "wholesale" and inserting in lie"ufisthhe",reof the word: so that when amended, subsection 45-810(a) shall read as follows: "(a) It shall be unlawful to engage in the business of a wholesale fish dealer, retail fish dealer or import fish dealer, as defined in Section 45-102 of this Title, without first obtaining an annual license from the Department as provided in Section 45-303 of this Title. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain an additional license as a wholesale fish dealer or a retail fish dealer." Section 59. Said Code Title is further amended by deleting in subsection 45-810(b) after the word "import" and before the words "fish dealer" the word: "wholesale", so that when amended, subsection 45-810(b) shall read as follows: "Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure an import fish dealer license where such sale and shipment are made to an import fish dealer duly licensed under Section 45-303." Section 60. Said Code Title is further amended by deleting in paragraph (2) of subsection 45-812(d) the phrase "Georgia's public islands" and inserting in lieu thereof the words: "Tybee Island, St. Simons Island and Jekyll Island" and by deleting in paragraph (3) of said subsection the phrase "two hundred feet (200')" and inserting in lieu thereof the phrase: "three hundred feet (300')", therJof thelewlnrd-in P8ragraph (3) f said su^ction the word "set" and inserting in lieu , fnn,lbayr9d vlet!" g TMA para?raph enrolled and was prevented from being so enrolled due to illness or injury." Section 4. The provisions of this Act shall also apply to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation. Section 5. This Act shall not be construed so as to impair the obligation of any con tract in existence prior to the effective date of this Act. Section 6. This Act shall become effective January 1, 1979. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 99, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 400. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved WEDNESDAY, MARCH 1, 1978 2237 February 13, 1950, so as to change the membership of the board; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 2. The Bill, having received the requisite constitutional majority, was passed. SB 401. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Structural Pest Control Act, approved March 7, 1955, so as to change the membership of the Structural Pest Control Commission; to change the quorum of the Commission; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 96, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 402. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Georgia Electrical Contractors Act, approved April 8, 1971, so as to change the membership of the Georgia State Board of Electrical Contractors; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 96, nays 2. The Bill, having received the requisite constitutional majority, was passed. SB 404. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the State Board of Dispensing Opticians and regulating the practice of the trade or occupation of dispensing opticians, approved February 17, 1956, so as to change the membership of the board; to provide an effective date; and for other purposes. The following amendment was read and adopted: The House Committee on Health and Ecology moves to amend Senate Bill 404 as fol lows: By striking on page 1, lines 24 and 25 the following: "optician, but who shall have a recognized interest in consumer affairs and in con sumer protection concerns." And by substituting in lieu the following: "opticians.". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 96, nays 1. 2238 JOURNAL OF THE HOUSE, The Bill, having received the requisite constitutional majority, was passed, as amended. SB 407. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an additional member to the Commission; to provide an effective date; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an additional member to the Commission; to change certain of the provisions relative to the appointment of members; to provide for employ ment of staff by the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 84-1405, relating to the Georgia Real Estate Commission, is hereby amended by striking in their entirety subsections (a) and (b) of said Code Section and substituting in lieu thereof new subsections (a) and (b) to read as follows: "(a) The Georgia Real Estate Commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate for a term of five years. Five of the members shall be licensed real estate brokers or salesmen who shall have been residents of this State and actively engaged in the real estate business for five years. The sixth member of the Commission shall have no connection with the real estate industry whatsoever, but shall have a recognized interest in consumer affairs and in consumer protection concerns. The members of the Commission serving as such on January 1, 1978, shall continue to serve for the remainder of the terms of office to which they were appointed. One of the suc cessors to the two members whose terms of office shall expire in January, 1979, shall be appointed for a term of office of three years and the other successor shall be appointed for a term of office of four years. One of the successors to the two members whose terms of office shall expire in January, 1980, shall be appointed for a term of office of five years and the other successor shall be appointed for a term of office of four years. Thereafter, all future successors to such members shall be appointed for terms of office of five years. (b) Members of the Commission shall serve until their successors are appointed and qualified. Vacancies on the Commission shall be filled by appointment of a successor by the Governor, with the approval of the Secretary of State, for the unexpired term of office. Four members shall constitute a quorum for the transaction of any business of the Commission. The Commission shall organize by selecting from its members a chair man and may do all things necessary and convenient to carry into effect the provisions of this Chapter and may, from time to time, promulgate necessary rules and regulations to carry out the provisions of this Chapter. The Commission shall meet at least once a month, or as often as is necessary, and remain in session as long as the chairman thereof shall deem it necessary to give full consideration to the business before the Com mission. Members of the Commission or others may be designated by the chairman of the Commission, in a spirit of cooperation and coordination, to confer with similar com missions of other states and attend interstate meetings and generally do such acts and things as may to the Commission seem advisable in the advancement of the profession and the standards of the real estate business. Every member of the Real Estate Commis sion shall receive as compensation for each day actually spent on the work of the Com mission and time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum or sums as are now fixed by law, and he shall also WEDNESDAY, MARCH 1, 1978 2239 receive, in addition thereto, his actual necessary expenses incurred while engaged in the work of the Commission. Said Real Estate Commission is empowered to employ such assistants or employees as are necessary to do the work of the Commission and the Commission is empowered to employ and dismiss such persons and to fix the compensa tion of such assistants or employees." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 95, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 599. By: Senators Gillis of the 20th, Riley of the 1st, English of the 21st and others: A BILL to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972, so as to assign the Herty Foundation for administrative purposes to the State Forestry Commission; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 100, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 279. By: Senator Holloway of the 12th: A RESOLUTION to amend Resolution Act No. 53 found in Ga. Laws 1977 which proposed an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the increase of retirement or pension benefits of individuals who retired pursuant to an Act providing a system of pension and retirement pay for teachers and employees of the Board of Education of Fulton County, approved February 2, 1945; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. 2240 JOURNAL OF THE HOUSE, Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y MostUer, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 131, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 313. By: Senator Holloway of the 12th: A RESOLUTION to amend Resolution Act No. 78 found in Ga. Laws 1977, which proposed an amendment to the Constitution so as to increase the amount of the pensions paid to certain widows and chil dren of firemen and policemen who were members of the Firemen and Police Pension Fund of the City of Macon, so as to provide that the amendment pro posed by such Resolution shall be repealed and shall not become a part of the Constitution under certain circumstances; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. DaTM, B. Dean, D.C. Y Dent, R.A. Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutehinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Petere, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. WEDNESDAY, MARCH 1, 1978 2241 Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 130, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. SB 574. By: Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th: A BILL to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974, so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retar dation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Advisory Council; and for other purposes. The following amendment was read and adopted: The House Health and Ecology Committee moves to amend Senate Bill 574 as follows: By striking on line 19 of page 3, the following: "January 1, 1979"; and substituting in lieu thereof, the following: "July 1, 1979". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 99, nays 1. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Coleman of the 118th requested that he be recorded as having voted "nay" on the passage of SB 574, as amended. SB 397. By: Senators Johnson of the 34th, Greene of the 26th and Evans of the 37th: A BILL to provide for intrastate child custody jurisdiction; to provide a short title; to specify purpose; to provide for construction; to define certain terms; to specify how an action to obtain a change of legal custody of certain children shall be brought; to provide limitations; and for other purposes. The following amendment was read and adopted: The Committee on Judiciary moves to amend SB 397 as follows: On page 4, by deleting Section 7 in its entirety and substituting in lieu thereof the following: "Section 7. Effective Date. This Act shall become effective on January 1, 1979, pro vided, however, that Section 4 of this Act shall not be applicable to actions pending in court on the effective date of this Act." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. 2242 JOURNAL OF THE HOUSE, On the passage of the Bill, as amended, the ayes were 99, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 382. By: Senator Stumbaugh of the 55th: A BILL to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specified instances, approved April 18, 1973, so as to add a new Section thereto authorizing the State Board of Educa tion, local boards of education and boards of control of cooperative educational service agencies, to pay that part of damages, attorney's fees and other recovery recovered against board members, superintendents, teachers, principals, and other administrators and employees, in certain instances, not covered by a policy of liability insurance, and for other purposes. The following amendment was read and adopted: The House Committee on Education moves to amend S. B. No. 382 as follows: By striking the last word "that" on line 10 through the first word "insurance" on line 15 and insert the following language: "the amount of deductible identified in the liability policy/policies for board members, superintendents, teachers, principals, and other administrators and employees," Line 57, strike remainder of paragraph after the word "payment" on line 57 and insert the wording: "For the amount of the deductible identified in the liability policy/policies" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 95, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following Resolution of the Senate: SR 217. By: Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd, and Langford of the 51st: A RESOLUTION proposing an amendment to the Consti tution, so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has discharged the Conference Committee and has appointed a Second Conference Committee on the following Bill of the House: WEDNESDAY, MARCH 1, 1978 2243 HB 1046. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufac turers, distillers, or wholesalers under certain conditions; and for other pur poses. The President has appointed on the part of the Senate the following Senators: Senators Reynolds of the 48th, Russell of the 10th, and Hill of the 29th. The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill: SB 350. By: Senator Lester of the 23rd: A BILL to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to be used in determining the fair market value of property for taxation purposes; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Kennedy of the 4th, Duncan of the 30th, and Lester of the 23rd. The Senate insists on its substitute to the following Bill of the House: HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. 2244 JOURNAL OF THE HOUSE, AFTERNOON SESSION The Speaker called the House to order. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 619. By: Senator McGill of the 24th: A BILL to amend an Act providing for the regu lation of the sale of livestock at auction, approved March 7, 1956, so as to pro vide for the manner of making payment and depositing payment for livestock purchased at auction; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Cames, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilh'at, A. Y Glanton, Tom Y Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swarm, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 478. By: Senator Lester of the 23rd: A BILL to amend an Act adding a new Code Chapter 24A-41, relating to hospitalization of mentally ill and mentally retarded children approved March 23, 1977, so as to change the expiration date thereof; to provide for an effective date; and for other purposes. The following Committee substitute was read and adopted: WEDNESDAY, MARCH 1, 1978 2245 A BILL To amend Code Chapter 88-5, as amended, so as to change the provisions relative to the authority of facilities to receive voluntary patients upon application of the patient's parent or guardian; to provide procedures by which minors and wards may be admitted to facilities by application of the patient's parent or guardian; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 88-5, as amended, is hereby amended by striking Code Section 88-503.1 in its entirety and substituting in lieu thereof the following: "88-503.1. Authority to receive voluntary patients, (a.) The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age, or older, making application therefor. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility and such person may be detained by such facility until discharged pursuant to Sections 88-503.2 or 88-503.3, provided however that parents or guardians of a minor child must give written consent for such treatment. An individualized service plan shall be devel oped for such person as soon as possible. (b) Notwithstanding the provisions of subsection (a) of this Section, the parent or guardian of any individual under 18 years of age or the guardian for any individual who has been declared legally incompetent and for whom a guardian has been appointed may initiate a proceeding to certify such individual's eligibility for voluntary admission, as follows: (1) The parent or guardian shall cause the patient to be taken to any facility for observation, diagnosis and, if deemed necessary by the facility's chief medical officer, for treatment. The period of observation of the individual shall not exceed 15 days, including Saturdays, Sundays and holidays. Where possible, the observation shall be accomplished on an outpatient basis. Within the 15 day observation period, the chief medical officer of the facility shall determine if the patient is (i) mentally ill, (ii) suit able for treatment, and (iii) acceptable for treatment by a facility. If the patient meets criteria (i), (ii), and (iii), the chief medical officer shall certify the patient as suitable for voluntary admission and shall direct that an individualized service plan be devel oped before the expiration of the 15 day observation period. If treatment of the patient will best be accomplished in another facility, prior to the completion of such plan, the other facility shall be contacted regarding the patient and give its approval before being included in the treatment plan. If the patient fails to meet criteria (i), (ii), and (iii), the patient shall be discharged from the facility no later than the expira tion of the 15 day observation period. If the patient meets criteria (i), (ii), and (iii), the patient may be retained for continued observation, diagnosis, or treatment pend ing discharge or admission under subsection (b)(3) of this Section. (2) Only if the chief medical officer of the facility certifies that the patient is suit able for voluntary admission may the parent or guardian file a petition in the court of the county where the facility is located or in the county of residence of the indi vidual, requesting that the individual be certified by the court as eligible for admis sion to the facility. Such petition shall be filed within two days, Saturdays, Sundays and holidays excluded, after the earlier of the expiration of the 15 day observation period or the certification by the chief medical officer. (3) A full and fair hearing shall be provided within five days, Saturdays, Sundays and holidays excluded, after the filing of the petition by the parent or guardian. If the parent or guardian fails to file a petition by the time provided in subsection (b)(2) of this Section, the patient must be discharged; provided, nothing in this subsection shall operate to prohibit any action to hospitalize such patient pursuant to the Juve nile Court Code or any other law of this State. If the court in which the petition is filed specifically finds, after a full and fair hearing, (i) that the facility has approved the proposed admission pursuant to subsection (b)(l) of this Section, (ii) that there 2246 JOURNAL OF THE HOUSE, is no alternative to hospitalization which presents a reasonable expectation of accom plishing the treatment goals set forth in the individualized service plan, (iii) that such individual is mentally ill, and (iv) that the individual would benefit from treatment in the designated facility, the court shall certify by written order that the individual is eligible for voluntary admission to that facility; otherwise, the petition for court cer tification shall be dismissed and the patient shall be immediately discharged. (4) Court certification of eligibility for admission under subsection (b)(3) of this Section shall not be construed as an involuntary hospitalization of the patient but shall empower the parent or guardian or other responsible person to admit such person to the facility for treatment and shall empower the facility to accept the person as a patient. Such certification shall authorize the hospitalization of such individual for a period of six months after the day of initial admission to a facility. If continued hospitalization is necessary at the end of that period, the chief medical officer shall direct that the individualized service plan be reviewed and, no later than 20 days before the end of such period, shall recertify the patient's suitability for admission pursuant to subsection (b)(l) of this Section and, no later than five days after such recertification, shall notify the patient's parent or guardian of such recertification, the date thereof and that such parent or guardian must file a petition for court recertification within 10 days after such recertification by the chief medical officer or the patient shall be discharged. If the parent or guardian fails or refuses timely to file a petition in that court designated in subsection (b)(2) of this Section, the patient shall be discharged. If such petition is timely filed, a full and fair hearing pursuant to subsection (b)(3) of this Section shall be held within five days, Saturdays, Sundays and holidays excluded, after such filing, and discharge or continued admission shall be ordered as provided therein. Thereafter, recertification under the provisions of this subsection (b)(4) shall be required at least annually in order to authorize continued hospitalization. A person hospitalized under this subsection (b)(4) at all times shall remain subject to discharge pursuant to Sections 88-503.2 or 88-503.3. (c) Any individual voluntarily admitted under the provisions of this Section shall be given notice of his rights under Sections 88-502 and 88-503.3 at the time of his admis sion." Section 2. Said Code Chapter is further amended by striking from Code Section 88-505.5 (a) (2) the following: "the parent or guardian may make application for voluntary admission under Section 88-503.1 (a)", and substituting in lieu thereof the following: "proceedings for voluntary admission under Section 88-503.1 (b) must be utilized and the chief medical officer shall certify for voluntary admission and develop an individualized service plan within the five-day evaluation period and the time periods specified for subsequent filing and hearings shall be counted from such time of certifica tion". Section 3. This Act shall become effective only if the authority to receive voluntary patients as set forth in Ga. Laws 1969, pp. 505, 517 (88-503.1 (a)) is held by any court of last resort to be unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 92, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 440. By: Senators Stumbaugh of the 55th, Barnes of the 33rd and Thompson of the 32nd: A BILL to amend Code Chapter 26-99, relating to miscellaneous criminal WEDNESDAY, MARCH 1, 1978 2247 provisions, as amended, so as to provide for certain restricted drug-related printed material and to prohibit the sale, delivery, distribution, display for sale or the provision of such restricted drug-related printed material to a minor and to prohibit the possession of such restricted drug-related printed material for aforesaid purposes; and for other purposes. The following Committee amendment was read and adopted: The House Committee on Judiciary moves to amend S. B. No. 440 as follows: By striking the period following the word "amended" where the same appears in line I on page 2 and inserting in lieu thereof the following: ", and, for the purposes of this Section, the term 'controlled substance' shall include marijuana as defined by subsection (o) of Code Section 79A-802 of said Code Chapter 79A-8." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 95, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 423. By: Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and Riley of the 1st: A BILL to amend Code Section 88-1805, relating to functions and powers of hospital authorities, so as to authorize authorities to contract for cer tain consulting and management services; to provide a limitation; to provide editorial revision; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 96, nays 3. The Bill, having received the requisite constitutional majority, was passed. SB 450. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-25, relating to habilitation procedures for the mentally retarded; to provide for a declaration of policy; to provide for definitions; and for other purposes. The following amendment was read and adopted: The House Committee on Health and Ecology moves to amend S. B. 450 as follows: By striking from lines 19 through 22 of page 15 the following: "The State Department of Education shall provide for the education of all clients of school age who are in any State-owned, operated, or designated facility.", and inserting in lieu thereof the following: "The State Department of Human Resources and the State Department of Education shall assure that education is provided for all clients of school age who are in any Stateowned, operated, or designated facility." 2248 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. N Greene, J. Greer, J.W. N Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F. Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Kemp, R. Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramaey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Y Mr. Speaker On the passage of the Bill, as amended, the ayes were 115, nays 7. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 466. By: Senators Robinson of the 27th and Kennedy of the 4th: A BILL to repeal an Act known as the "Georgia Special Adult Offender Act of 1975," approved April 24, 1975; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. N Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. WEDNESDAY, MARCH 1, 1978 2249 Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawking, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne^Ir. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 112, nays 3. The Bill, having received the requisite constitutional majority, was passed. SB 383. By: Senator Holloway of the 12th: A BILL to create the State Medical Education Board as the successor to and as a continuation of the heretofore existing State Medical Education Board; to provide for a Secretary and Treasurer of the Board and for clerical assistance; to provide for a Chairman and other officers and for meetings; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y KUgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. 2250 JOURNAL OF THE HOUSE, Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 484. By: Senators Johnson of the 34th, Doss of the 52nd, McGill of the 24th and others: A BILL to amend Code Section 26-1704, relating to bad checks, so as to more clearly define the term "present consideration"; and for other purposes. The following amendment was read and adopted: Representative Hatcher of the 131st moves to amend SB 484 by striking on line 12, page 1 the words "or rent" and by inserting in lieu thereof the words "of rent". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andersen, W. Argo, B. Auten, D. Y Baikcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckhem, B. Y Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Y Carrell, B. Y Canon, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. DUon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.Jr. N Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Ralston, E. Y Ramsey, T. N Randall, W.C. Reaves, H.L. Richardson, E. Robinson, C. N Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Y Smith, V.B. Srnyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tutn, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 125, nays 5. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Karrh of the 106th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 484, as amended. WEDNESDAY, MARCH 1, 1978 2251 SB 394. By: Senator Barker of the 18th: A BILL to amend Code Chapter 45-5, relating to hunting, so as to provide that it is unlawful for any person to cause injury or damage to any person or property by the discharge of weapons under certain circumstances; to provide for penalties; to require law enforcement officers and district attorneys to bring violations before the grand jury; and for other pur poses. The following amendment was read and adopted: Representative Ham of the 80th moves to amend SB 394 by striking on line 19 of page 1 the following: "But not intentionally" and inserting in lieu thereof the following words: "or intentionally in a negligent manner". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Birdsong, K. Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. Canty, H. N Carlisle, J. N Carnes, C. N Carrell, B. N Caoon, G. N Castleberry, D. N Chance, G. N Childere, E.M. Childs, P. N Clark, Betty N Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. Colwell, C.H. Connell, J. N Cooper, B. Coi, W.E. N Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. N Deveaui, C. DUon, H.D. Y Dover, Bill Edwards, W. N Elliott, E.H. N Evans, W.D. Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. N Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. Johnston, J. Y Jones, B. N Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. N Kilgore, T.M. Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. N Linder, J. N Logan, H. Long, W.K. N Looper, M. N Lord, J. N Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. McCollum, H. McDonald, L. N McKinney, J.E. Y Milford, B. Money, J. N Mostiler, J.L. N MuUinax, E.G. N Murray, B. N Nessmith, P.E. Nichols, M. N Nil, K. Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. N Scott, A. Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. N Swann, D. Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. Twiggs, R. N Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 21, nays 110. The Bill, as amended, having failed to receive the requisite constitutional majority, was lost. Representative Ham of the 80th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SB 394, as amended. 2252 JOURNAL OF THE HOUSE, The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto: HR 239-908. By: Representatives Butler, Tolbert and Johnston of the 56th, Lenderman of the 53rd, Childs of the 51st, Richardson of the 52nd, Linder of the 44th, Noble of the 48th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdiction to an amount not to exceed twelve hundred fifty dollars; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph II of the Constitution of Georgia of 1976 is hereby amended by adding at the end thereof the following paragraph: "Provided, however, that in DeKalb County, the justices of the peace shall have juris diction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and the General Assembly is hereby authorized to increase from time to time, by local law, such jurisdiction as to principal sum to an amount not to exceed twelve hundred fifty dollars. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted deal ing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the polit ical subdivision affected, notwithstanding the provisions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to increase the maximum dollar amount for civil cases over which the justices of the peace in DeKalb County shall have jurisdiction from two hundred dollars to five hundred dollars and to authorize the General Assembly to increase said jurisdic tion to an amount not to exceed twelve hundred fifty dollars?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Butler of the 56th moved that the House agree to the Senate substi tute to HR 239-908. WEDNESDAY, MARCH 1, 1978 2253 On the motion, the ayes were 120, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 384. By: Senator Holloway of the 12th: A BILL to authorize the Board of Regents of the University System of Georgia to grant certain scholarships; to provide for other matters relative thereto; to provide conditions for the effectiveness of this Act; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, AX. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castlebeny, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall. V. Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 133, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 555. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for the employment of classroom aides and paraprofessional; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain condi tions; and for other purposes. The following amendment was read: 2254 JOURNAL OF THE HOUSE, Representative Harrison of the 20th moves to amend SB 555 by adding between 17 and 18 on page 2 and renumbering accordingly the following: "The State Board of Education shall also provide funds to the local Boards of Educa tion for the fringe benefits and allowances as a result of the employment of these aides and paraprofessionals." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. Bishop, S. Bolster, P. N Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. N Carlisle, J. N Caroes, C. Y Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. N Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. N Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. N Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy Lane, Dick Y Lane, W.J. Lee, W.J.(Bill) Lenderman, M. N Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. N McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Money, J. N Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Y Pinkston, P.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the adoption of the amendment, the ayes were 104, nays 30. The amendment was adopted. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. N Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Cames, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb WEDNESDAY, MARCH 1, 1978 Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Lee, W.J.(BU1) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. 2255 Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 146, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 509. By: Senator Greene of the 26th: A BILL to amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension, and nonrenewal, so as to require denial, revocation, suspension, or nonrenewal under certain circumstances; to change the maximum period of revocations, suspen sions, nonrenewals, and denials; to direct the adoption of rules; to provide stan dards; to provide that certain acts are unlawful; to provide penalities; and for other purposes. The following substitute, offered by Representative Rush of the 121st, was read: A BILL To amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension, and nonrenewal, so as to require denial, revocation, suspension, or nonrenewal under certain circumstances; to change the maximum period of revocations, suspensions, nonrenewals, and denials; to direct the adoption of rules; to provide stan dards; to provide that certain acts are unlawful; to provide penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension and nonrenewal, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 45-323, to read as follows: "45-323. License or Permit Denial, Revocation, Suspension, or Nonrenewal. (a) Upon a determination by the Commissioner that a person has violated any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke^ or suspend, deny or refuse te renew with the concurrence of a majority of the Board of Natural Resources, any license or permit or both required by the provisions of this Title which is held by or has bee applied for by such person,- for a period of up to two (3) 3 years following the determination of such violation, the length of the period of revocation or suspension in each instance to be determined pursuant to rules promulgated by the Board as provided for in subsection (e) of this Section. During the period of any such revocation or suspension, the Commissioner shall deny or refuse to 2256 JOURNAL OF THE HOUSE, renew any license or permit or both required by this Title which is applied for by the person whose license has been so revoked or suspended. Provided, however, the license or permit, or both, to be revoked, suspended, denied or not renewed must not be unre lated to the violation determined by the Commissioner. The licensee, permit holder or applicant for a license or permit, or both, shall be notified of the proposed revocation, suspension, denial, or nonrenewal personally or by a letter sent by certified mail to the name and address indicated on the application for such license or permit, or both, or to the Secretary of State as provided in Section 45-322. Such proposed revocation, sus pension, denial, or nonrenewal shall become final thirty (30) days after issuance if not appealed as provided in this Section. (b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or per mitted activity pursuant to the authority of the license or permit of such licensee or per mittee or applicant for a license or permit or both, and violates any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the provisions of this Section. {b} (c) Any person whose license, permit, or application for a license or permit, or both, is proposed for revocation, suspension, denial, or nonrenewal shall, upon petition within thirty (30) days of issuance of notice given as hereinabove stated, has the right to a hearing before a hearing officer appointed by the Board. The initial hearing, and any administrative review thereof, shall be conducted in accordance with an Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended; provided, however, any administrative review of the initial decision of such hearing officer and the final order or action of the Board shall be by five 46^ 3 members of the Board selected by the Board, to be known as the Administrative Review Committee. {e} (d) Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the Board is entitled to judicial review as provided in an Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. (e) The Board shall promulgate and adopt reasonable rules specifying the period of revocation or suspension of a license or permit or both for violation of a provision of this Title or of any rule or regulation promulgated pursuant to this Title. The period of revocation or suspension shall be based upon the seriousness of the offense. Determi nation of the seriousness of the offense shall include, but not be limited to, considera tion of the following: (1) Degree of disregard for the health, safety and property of others. (2) Degree of disregard of the law or rules and regulations promulgated pursuant to the law. (3) Number of violations involved in each instance. (4) Degree of potential damage to the resources of this State. (5) The benefit to the violator from such violation. (f) (1) It shall be unlawful for any person to violate any provision of this Title or any rule or regulation promulgated pursuant to this Title during any period of time during which the person's license or permit is revoked or suspended pursuant to this Section for the same or substantially the same violation. (2) Any person violating the provisions of this subsection shall be guilty of a mis demeanor and, upon first conviction thereof, shall be punished as for~a misdemeanor. (3) Any person violating the provisions of this subsection for a second or subse quent time shall be guilty of a felony and, upon conviction thereof7 shall be punished as for a felony." Section 2. The provisions of this Act shall take effect January 1, 1979, except that those provisions of this Act authorizing the promulgation of rules shall take effect upon become a law. WEDNESDAY, MARCH 1, 1978 2257 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Karrh of the 106th moves to amend the substitute to SB 509 by changing on line 21 of page 1 the word "may" to "shall". On the adoption of the substitute, as amended, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Anderson, W. Argo, B. N Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, ,). N Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Y Dent, R.A. N Deveaui, C. Diion, H.D. N Dover, Bill Y Edwards, W. N EUiott, E.H. N Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. Y Hudson, Ted Y Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. N Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. N Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. N Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. N Twiggs, R. Vaughn, C.R. Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the substitute, as amended, the ayes were 100, nays 32. The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. N Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Cor, W.E. N Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. 2258 Y Gammage, L. Y GigniUiat, A. Y Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrion, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Houaley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. JOURNAL OF THE HOUSE, Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. N Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y PhUlips, W.R. Y PUewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. Representative Rainey of the 135th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1543 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Rainey of the 135th, Twiggs of the 4th, and Mann of the 13th. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto: SB 350. By: Senator Lester of the 23rd: A BILL to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to be used in determining the fair market value of property for taxation purposes; and for other purposes. Representative Castleberry of the lllth moved that the House insist on its position in amending SB 350 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. WEDNESDAY, MARCH 1, 1978 2259 The motion prevailed and the Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Isakson of the 20th, Burruss of the 21st, and Castleberry of the lllth. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 914. By: Representatives Phillips of the 59th, Waddle of the 113th, Wood and Jackson of the 9th, Beckham of the 89th, Harris of the 60th, Swann of the 90th, Lam bert of the 112th, and others: A BILL to provide for dam safety; to provide a short title ("Dam Safety Law of 1977"); to provide a declaration of purpose; to define certain terms; to provide for classification of dams; to require certain permits for construction and maintenance of dams; to provide for applications; a- a for other purposes. The following Senate amendment was read: The Senate mu, .s to amend HB 914 by deleting on page 4, lines 33 and 34, and on page 5, line 1, the following: "or any artificial barrier which is constructed for the purpose of irrigating farmland.", and inserting in lieu thereof the following: "or any artificial barrier which is constructed for farm uses; provided, however, such exclusion shall not apply to any artificial barrier constructed for farm uses which is twenty feet or more in height as measured above and which has an impounding capacity at normal water storage elevation of fifty acre-feet or more. For purposes of this para graph, 'farm uses' shall mean irrigation of farmland, provision of water supply for farm animals, poultry farming, or any other activity conducted in the course of farming oper ations and which is not part of any residential, commercial or industrial development." Representative Phillips of the 59th moved that the House agree to the Senate amend ment to HB 914. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Bumisa, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cot, W.S. Y Croeby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Dizon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. N Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Y Lendennan, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. 2260 Peters, R G Y Phillips L L Y Phillips, R T. Y Phillips, W.R. Y Pilewicz G Y Pinkuton, F.C. Y Rainey H N Ralston E Y Ramsey, T. Y Randall W C. Y Reaves, H.L. JOURNAL OF THE HOUSE, Y Richardson, E. Robinson, C. Y Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 151, nays 2. The motion prevailed. HB 1465. By: Representatives Lambert of the 112th, Carlisle of the 71st, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Scott of the 123rd, Chance of the 129th, and others: A BILL to provide for certain matters relative to coastal zone management; to provide for the creation, composition of the Georgia Coastal Management Board; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1465 by striking on page 4, from line 33 the phrase: "Glynn-Mclntosh", and By inserting in lieu thereof the phrase: "Mclntosh-Liberty".; and By striking on page 5, line 1 the phrase: "Glynn-Mclntosh", and By inserting in lieu thereof the phrase: "Mclntosh-Liberty".; and By inserting on page 5, at the end of line 4, immediately after the phrase "to the", the following: "Liberty-Bryan County line, thence in a westerly direction along the Liberty-Bryan County line to a point located 1000 meters west of the centerline of the right-of-way of the Seaboard Coastline Railroad, thence following a line located 1000 meters west of the centerline of the Seaboard Coastline Railroad to the intersection of said railroad and Interstate Highway 95, thence 1000 meters west of the centerline of the right-of-way of Interstate Highway 95 to the". Representative Battle of the 124th moved that the House agree to the Senate amend ment to HB 1465. On the motion, the roll call was ordered and the vote was as follows: WEDNESDAY, MARCH 1, 1978 2261 Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harri&on, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Lendennan, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Hussell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 143, nays 0. The motion prevailed. HB 579. By: Representatives Buck of the 95th, and Lambert of the 112th: A BILL to amend an Act relating to the tax imposed upon motor carriers for the privilege of using the streets and highways of this State, as amended, so as to provide for deducting accrued credits; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 579 by striking on page 2, lines 21 through 25 in their entirety, and inserting in lieu thereof the following: "thereunder. The Commissioner shall not issue a registration card or an identification marker to any motor carrier who has outstanding motor carrier, motor fuel, sales or income tax liabilities to this State unless such liabilities are being appealed as provided by law." Representative Buck of the 95th moved that the House agree to the Senate amend ment to HB 579. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J: Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty 2262 Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cor, W.E. Y Croaby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. N Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y G&mmflge, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. N Greene, J. JOURNAL OF THE HOUSE, Greet, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 138, nays 5. The motion prevailed. HB 902. By: Representative McDonald of the 12th: A BILL to amend an Act known as the "Georgia Electrical Contractors Act" so as to establish two classes of licenses; to authorize and direct the Board to prepare separate examinations for each class of licenses; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 425), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1228) so as to establish two classes of licenses; to authorize and direct the Board to prepare sep arate examinations for each lasss of licenses; to provide exemptions under certain condi tions; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Electrical Contractors Act", approved April 8, 1971 (Ga. Laws 1971, p. 583), as amended by an Act approved March 21, 1974 (Ga. Laws 1974, p. 425), and by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1228) is hereby amended by adding a new Section 16A, immediately following Section 16, to read as follows: "Section 16A. Any other provisions of this Act to the contrary notwithstanding, the Board is hereby authorized and directed to prepare separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involv ing single-phase electrical installations which do not exceed 200 amperes, and Class II licenses shall be unrestricted. No Class I license shall be issued by the Board without an examination of the applicant for the purpose of ascertaining his qualifications for such work, but no such examination shall be required for the annual renewal of such WEDNESDAY, MARCH 1, 1978 2263 Class I license: Provided, however, that persons who, on July 1, 1974 possessed a master's license for electrical work issued to them by any governing authority of any political subdivision in the State of Georgia and who were actively engaged in the elec trical contracting business and who maintained an office for said business on said date shall be granted a State Class I license by the Board under this Chapter without an examination upon the payment of all applicable fees. The provisions of this section, rela tive to the issuance of a Class I license without an examination, shall remain in effect until six months after the effective date of this Act, after which time any person desiring to obtain a Statewide Class I license shall be required to stand the examination pre scribed by the Board and attain a passing grade." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act is hereby repealed. Representative McDonald of the 12th moved that the House agree to the Senate sub stitute to HB 902. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ytrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 126, nays 5. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. N Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker By unanimous consent, the Clerk was directed to correct a typographical error appear ing in the Senate substitute to HB 902 as follows: In Section 3 change "is" to "are". 2264 JOURNAL OF THE HOUSE, HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 38-418, relating to confidential communications, so as to pro vide that communications between a physician and a patient shall not be released except on patient's written authorization, court order or subpoena; to provide immunity to physi cians releasing information pursuant to the provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 38-418, relating to confidential communications, is hereby amended by redesignating the first paragraph thereof as subsection (a) and adding a new subsection to be designated subsection (b), to read as follows: "(b) No physician shall release any information concerning a patient except on writ ten authorization of the patient or in the case of a minor by his or her parents or duly appointed guardian ad litem or appropriate court order or subpoena; provided further that any physician releasing information under written authorization of the patient or under court order or subpoena shall not be liable to the patient or any other person.", so that when so amended, Code Section 38-418 shall read as follows: "38-418. Confidential communications, etc. (a) There are certain admissions and com munications excluded from consideration of public policy. Among these are: 1. Communications between husband and wife. 2. Between attorney and client. 3. Among grand jurors. 4. Secrets of state. 5. Psychiatrist and patient. (b) No physician shall release any information concerning a patient except on writ ten authorization of the patient or appropriate court order or subpoena; provided further that any physician releasing information under written authorization of the patient or under court order or subpoena shall not be liable to the patient or any other person." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Baugh of the 108th moved that the House disagree to the Senate sub stitute. The motion prevailed. The following Resolution of the House was read and adopted: HR 805. By: Representatives Marcus of the 26th and Horton of the 43rd: A RESOLU TION commending Mrs. Dorothy Felton on her birthday; and for other pur poses. By unanimous consent, all House Bills and Resolutions and all amended or substi tuted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. During this day's proceedings the Speaker and Speaker Pro Tern alternated as presid ing officer, which would have precluded Representative Connell from voting while he was in the Chair. WEDNESDAY, MARCH 1, 1978 2265 Representative Vaughn of the 57th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 2266 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Thursday, March 2, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by the Reverend Horace C. Boyd, Pastor, Shiloh Baptist Church, Albany, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 2074 HB 2075 HB 2076 HR 804-2076 HB 2077 SR 356 Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report: Mr. Speaker: Your Committee on Banks & Banking has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SB 622 Do Pass Respectfully submitted, Pinkston of the 100th Chairman Representative Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report: THURSDAY, MARCH 2, 1978 2267 Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HR 795 Do Pass SB 581 Do Pass SB 373 Do Pass SB 445 Do Pass, as Amended SB 444 Do Pass SB 374 Do Pass SB 481 Do Pass, as Amended SB 40 Do Pass SB 408 Do Pass, as Amended Respectfully submitted, Snow of the 1st Chairman Representative Jessup of the 117th District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations: SB 596 Do Pass SB 629 Do Pass Respectfully submitted, Jessup of the 117th Chairman Representative Reaves of the 147th District, Chairman of the Committee on Natural Resources, submitted the following report: Mr. Speaker: Your Committee on Natural Resources has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SB 605 Do Pass Respectfully submitted, Reaves of the 147th Chairman Representative Bray of the 70th District, Acting-Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations: SB 399 Do Pass, by Substitute SB 439 Do Pass Respectfully submitted, Bray of the 70th Acting-Chairman 2268 JOURNAL OF THE HOUSE, Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 2046 Do Pass SB 565 Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 2069 HB 2070 HB 2071 HB 2072 Do Pass Do Pass Do Pass Do Pass HR 800-2068 Do Pass SB 567 Do Pass, by Substitute SB 627 Do Pass SR 326 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Collins of the 144th District, Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: SR 307 SR 289 Do Pass, by Substitute Do Pass, by Substitute HR 776-2023 Do Pass, by Substitute HB 2023 Do Pass Respectfully submitted, Collins of the 144th Chairman The following report of the Committee on Rules was read and adopted: Mr. Speaker: HOUSE RULES CALENDAR THURSDAY, MARCH 2, 1978 Your Committee on Rules met and fixed the calendar for today's business, Thursday, March 2, 1978, and submits the following: THURSDAY, MARCH 2, 1978 2269 SB 140 Prosecuting Attorneys Retirement System; Create SB 161 State Employees Health Insurance; Dependants Coverage SB 428 Special Elections/Ballots; Unopposed Candidates SB 443 Crime/Theft by Taking; Shoplifting; Evidence Etc. SB 460 Music Recording Industry Adv. Committee SB 465 Board of Industry and Trade, Membership SB 468 Insurance; Contract in General/Define SB 501 Juvenile Courts; Creation; Judges; Appt.; Seminars SB 505 Elderly; Free Tuition University System of Georgia SB 506 Solar Easement, Provide for Authorization SB 522 Cty. Bds. of Health & Health Districts; Multicounty Services SB 526 Rewards/Governors; Arrest of Capital Felons SB 533 Liability Insurance; Agencies & Emp., Dep. of Human Resources SB 544 Voter Registration Places; Provide Additional Ones SB 556 APEG, Adult Ed. Programs, Admit 16 & 17 year olds SB 570 Advertising; Doctor/Dr., Designate the Degree SB 591 Judicial Circuits; Relating to Habeas Corpus SB 606 Insurance Rates; Applicability Workmen's Comp. Ins. SR 121 State Properties, Comm., Omni Int. Lease SR 233 Special Elections/Write-in in Candidates; File Notice SR 237 Property Owners, State Farmers Market SR 283 Services for the Aged Study Committee; Create SR 290 Troubled Children & Families; Development of Services SR 329 Convey Certain State Property SR 335 Convey Property, llth Street Property SR 336 Special Commission Incorp. Amendments Into Constitution The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 2069. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act amending the charter of the City of Brunswick so as to change the residency requirements of the recorder of the police court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2023. By: Representative Adams of the 79th: A BILL to levy and impose a sales and use tax of one percent, in addition to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act that occur in the County of Upson; and for other purposes. 2270 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2070. By: Representative Kemp of the 139th: A BILL to create commissioner districts in certain counties of this State for the election of county commissioners; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2071. By: Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th, Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th, and Hill of the 127th: A BILL to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2072. By: Representatives Twiggs and Colwell of the 4th: A BILL to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 776-2023. By: Representative Adams of the 79th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now sub ject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Upson; to provide for the collection, administration, and disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation, which adjustment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax; to provide that any Act adopted THURSDAY, MARCH 2, 1978 2271 during the year 1978 by virtue of this Resolution that imposes a sales and use tax in and for the County of Upson shall not be effective if, during the year 1978, or in any subse quent year, the statewide sales and use tax, as imposed by the State of Georgia throughout the State, should be increased to a rate greater than three percent; to provide that if any Act adopted during the year 1978 becomes ineffective for any reason, then any Act there after adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding thereto the following: "A. The General Assembly of Georgia shall have the power by general or special law to: (1) Impose a sales and use tax at the rate of one percent on all items, uses and transactions that occur in Upson County, Georgia, which items, uses and transactions are taxed under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, which tax shall be in addition to all other taxes of every kind now imposed by law, except that Section 26A of the Georgia Retailers' and Consumers' Sales Tax Act (Ga. Laws 1975, p. 984) shall not be effective in Upson County, Georgia, so long as any tax authorized by the General Assembly by virtue of this Resolution shall be in effect; (2) Provide the manner in which the tax so imposed shall be collected, adminis tered and disbursed by the State Revenue Commissioner; (3) Provide for the enforcement of the Act or Acts and the imposition of penalties for failure to comply with the Act or Acts; (4) Provide that the governing authority of the County of Upson shall adjust the mill rate for county ad valorem taxation during the year 1979 and in subsequent years, and further provide a method by which the mill rate for county ad valorem taxation shall be adjusted; (5) Provide that adjustment in the mill rate for county ad valorem taxation shall be equal both as to property inside the boundaries of any municipality and outside the boundaries of any municipality; (6) Provide that any Act adopted during the year 1978 by virtue of this Resolu tion, which Act shall impose a sales and use tax of one percent on all items, uses and transactions that occur in Upson County, Georgia, shall not be effective in the event that during the year 1978, or in any subsequent year, a statewide increase in the sales and use tax should be imposed so that the tax imposed by the State throughout the State of Georgia would be greater than three percent. Should any Act adopted during the year 1978 become ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon. B. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1978. Any Act passed after January 1, 1978, germane to the subject matter of this amendment, whether it be a general or special law, shall be con clusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to or subsequent to the submission of this amendment for ratification." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. 2272 JOURNAL OF THE HOUSE, The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to impose an additional tax of one percent on all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which occur in Upson County, Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon property in Upson County, Georgia, which reduction shall be the same both for prop erty lying inside any municipality or outside any municipality?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to impose a sales and use tax of one percent on all items, uses and transactions now sub ject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Upson; to provide for the collection, administration, and disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation, which adjustment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax; to provide that any Act adopted during the year 1978 by virtue of this Resolution that imposes a sales and use tax in and for the County of Upson shall not be effective if, during the year 1978, or in any subse quent year, the statewide sales and use tax, as imposed by the State of Georgia throughout the State, should be increased to a rate greater than three percent; to provide that if any Act or constitutional amendment adopted during the year 1978 increasing the sales and use tax Statewide becomes ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding thereto the following: "A. The General Assembly of Georgia shall have the power by general or special law to: (1) Impose a sales and use tax at the rate of one percent on all items, uses and transactions that occur in Upson County, Georgia, which items, uses and transactions are taxed under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, which tax shall be in addition to all other taxes of every kind now imposed by law, except that Section 26A of the Georgia Retailers' and Consumers' Sales Tax Act (Ga. Laws 1975, p. 984) shall not be effective in Upson County, Georgia, so long as any tax authorized by the General Assembly by virtue of this Resolution shall be in effect; (2) Provide the manner in which the tax so imposed shall be collected, adminis tered and disbursed by the State Revenue Commissioner; (3) Provide for the enforcement of the Act or Acts and the imposition of penalties for failure to comply with the Act or Acts; THURSDAY, MARCH 2, 1978 2273 (4) Provide that the governing authority of the County of Upson shall adjust the mill rate for county ad valorem taxation during the year 1979 and in subsequent years, and further provide a method by which the mill rate for county ad valorem taxation shall be adjusted; (5) Provide that adjustment in the mill rate for county ad valorem taxation shall be equal both as to property inside the boundaries of any municipality and outside the boundaries of any municipality; (6) Provide that any Act adopted during the year 1978 by virtue of this Resolu tion, which Act shall impose a sales and use tax of one percent on all items, uses and transactions that occur in Upson County, Georgia, shall not be effective in the event that during the year 1978, or in any subsequent year, a statewide increase in the sales and use tax should be imposed so that the tax imposed by the State throughout the State of Georgia would be greater than three percent. Should any Act or constitutional amendment adopted during the year 1978 increasing the sales and use tax Statewide become ineffective for any reason, then any Act thereafter adopted by virtue of the power conferred by this amendment, levying a one percent sales and use tax in Upson County, shall, prior to being implemented, be submitted for approval to the voters of said county in a referendum thereon. B. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1978. Any Act passed after January 1, 1978, germane to the subject matter of this amendment, whether it be a general or special law, shall be con clusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining to all or any one or more of said functions, which law or laws may be passed prior to or subsequent to the submission of this amendment for ratification." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to impose an additional tax of one percent on all items, uses and transactions subject to the Georgia Retailers' and Consumers' Sales and Use Tax Act which occur in Upson County, Georgia, and to provide for the reduction of the mill rate of ad valorem taxation upon property in Upson County, Georgia, which reduction shall be the same both for prop erty lying inside any municipality or outside any municipality?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carries, C. Carreil, B. Y Cason, G. 2274 JOURNAL OF THE HOUSE, Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ranwey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 143, nays 4. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HR 800-2068. By: Representatives Butler, Tolbert and Johnston of the 56th, Lenderman of the 53rd, Linder of the 44th, Noble of the 48th, Robinson of the 58th, Burton of the 47th, Williams of the 54th, Childs of the 51st, Steinberg of the 46th and Williamson of the 45th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of DeKalb County shall be granted an additional homestead exemption from all ad valorem taxation by that county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Each resident of DeKalb County is hereby granted an additional exemption on his homestead in the amount of $2,000 of the assessed value thereof from all ad valorem taxes levied by DeKalb County, but only so long as the homestead is actually occupied by the owner primarily as such. No resident shall receive this additional exemption unless he files an application with the Tax Commissioner of DeKalb County on a form to be provided by the tax commissioner. These applications shall be processed in the same manner as other applications for homestead exemptions and the provisions of law applicable to the processing of homestead exemptions, as now or hereafter amended, shall apply thereto. The exemption provided for by this paragraph shall apply to all tax able years beginning after December 31, 1978." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. THURSDAY, MARCH 2, 1978 2275 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each resident of DeKalb County be granted an additional homestead exemption in the amount of $2,000 of the assessed value from all ad valorem taxes levied by DeKalb County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childera, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, B.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gamxnage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 143, nays 4. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 567. By: Senators Wessels of the 2nd and Riley of the 1st: A BILL to amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970, so as to change the name of said city to the City of Tybee; to provide for other matters relative thereto; and for other purposes. 2276 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, so as to change the name of said city to the City of Tybee Island; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, is hereby amended by striking from said Act the following: "Savannah Beach, Tybee Island,", wherever the same shall appear, and inserting in lieu thereof the words: "Tybee Island", so that on and after the effective date of this Act, said city shall be officially known as and shall be the City of Tybee Island. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 627. By: Senator Walker of the 19th: A BILL to authorize and direct the Election Superintendent of Telfair County to hold an election for the purpose of submit ting to the voters of Telfair County certain options relative to the election or appointment of the board of education and the election or appointment of the county school superintendent; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemp tion of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemp tion shall be $3,000.00 in 1979, $4,000.00 in 1980 and $5,000.00 for 1981 and each year thereafter; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: THURSDAY, MARCH 2, 1978 2277 "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of DeKalb County is hereby granted an exemption from all DeKalb County and DeKalb County School District ad valorem taxes in the amount hereinafter provided of the value of the homestead owned and occupied by said resident as a homestead within DeKalb County. For calendar year 1979, such homestead exemption shall be $3,000.00; for calendar year 1980, such homestead exemption shall be $4,000.00; and for calendar year 1981 and thereafter, such homestead exemption shall be $5,000.00. For the purposes of DeKalb County and DeKalb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted herein for residents of DeKalb County shall be in addition to and cumulative of any other homestead exemption heretofore or hereafter granted by this Constitution or by law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000.00 in 1979, $4,000.00 in 1980 and $5,000.00 for 1981 and each year thereafter?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. By unanimous consent, further consideration of SR 326 was postponed until tomor row, March 3, 1978. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1806. By: Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th, and White of the 132nd: A BILL to amend an Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority so as to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes. HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate: 2278 JOURNAL OF THE HOUSE, SB 643. By: Senator Dean of the 31st: A BILL to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of elec tors; and for other purposes. HB 1631. By: Representatives Williamson of the 45th, Tolbert, Johnston and Butler of the 56th, Linder of the 44th, Elliott of the 49th, Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, and others: A BILL to repeal an Act entitled "An Act to incorporate the town of Constitution, in the Counties of Fulton and DeKalb, to provide for its succession to the rights, powers and duties of the town of Constitution heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same; and for other purposes. HB 1875. By: Representatives Mostiler and Carlisle of the 71st, Adams of the 79th, John son, Benefield, Wood and Lee of the 72nd, and Jones of the 78th: A BILL to amend an Act creating the Griffin Judicial Circuit so as to change the provi sions relating to the supplement to the salary of the Judges and District Attor ney of the Griffin Judicial Circuit; and for other purposes. HB 1910. By: Representative Connell of the 87th: A BILL to amend an Act creating the Civil Court of Richmond County, Georgia, so as to change the name of the "Sheriff of the Civil Court of Richmond County, Georgia" to the name "Mar shal of the Civil Court of Richmond County, Georgia"; and for other purposes. HB 1912. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act creating the State Court of Sumter County so as to change the compensation of the judge and solicitor of said court; and for other pur poses. HB 1915. By: Representatives Harris of the 60th, Wall of the 61st, and Phillips of the 59th: A BILL to amend an Act incorporating the City of Suwanee so as to change the office of the city clerk from an elective to an appointive office; and for other purposes. HB 1921. By: Representative Murphy of the 18th: A BILL to amend an Act creating the office of County Commissioner of Haralson County so as to change the compen sation of the County Commissioner of Haralson County; and for other purposes. HB 1946. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to create the Fayette County Public Facili ties Authority and to authorize such authority, to acquire, construct, equip, maintain and operate buildings and the usual and convenient facilities apper taining to such undertakings; and for other purposes. HB 1947. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act creating a Board of Com missioners for Fayette County so as to provide for the reimbursement of the chairman and members of the board of commissioners for expenses incurred in the performance of their duties; and for other purposes. HB 1948. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act consolidating the Offices THURSDAY, MARCH 2, 1978 2279 of Tax Receiver and Tax Collector of Fayette County into the Office of Tax Commissioner of Fayette County so as to provide that the tax commissioner shall not collect or pay to the governing authority of Fayette County any com mission for the collection of educational taxes but shall pay all educational funds, collected without deduction, to the Board of Education of Fayette County; and for other purposes. HB 1949. By: Representatives Mostiler and Carlisle of the 71st, and Johnson, Benefield, Wood and Lee of the 72nd: A BILL to amend an Act creating a Board of Com missioners for Fayette County so as to change the provisions relating to the election of members of the board of commissioners; to change the provisions relating to districts for elections; and for other purposes. HB 1950. By: Representatives Mostiler and Carlisle of the 71st, and Benefield, Wood, Lee and Johnson of the 72nd: A BILL to amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, so as to change the qualifications of the judge of said court; to change certain exemptions; and for other purposes. HB 1960. By: Representative Birdsong of the 103rd: A BILL to amend an Act to create a Board of Commissioners of Roads and Revenues for Twiggs County so as to authorize the recall of the members of the board of commissioners; and for other purposes. HB 1267. By: Representatives Lane of the 40th, and Adams of the 36th: A BILL to pro vide for the regulation and licensing of the operation of nonprofit bingo games; to define certain terms; to provide for the issuance by the State Revenue Com missioner of licenses required for the operation of nonprofit bingo games; to provide a licensing procedure; to require fees; to provide for and regulate the operation of bingo games; to require annual reports and to provide for their contents; to provide for revocation of licenses; and for other purposes. HB 1300. By: Representative Ham of the 80th: A BILL to amend an Act providing mini mum salaries for clerks of the superior courts so as to provide for longevity increases; and for other purposes. HB 1330. By: Representative Buck of the 95th: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia so as to change the provisions relative to certain rates of interest; and for other purposes. HB 1331. By: Representative Buck of the 95th: A BILL to amend an Act establishing the Teachers' Retirement System so as to provide additional provisions relative to death benefits; to provide for other matters relative thereof; and for other pur poses. HB 1364. By: Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd, and Pinkston of the 100th: A BILL to provide procedures for the return of mobile homes for taxation so as to provide for the situs of such mobile homes for tax purposes; to provide for the color of annual decals issued by the county tax collector or commissioner; and for other purposes. HB 1456. By: Representatives Castleberry of the lllth, Murray of the 116th, Gammage of the 17th, Connell of the 87th, Coleman of the 118th, Jessup of the 117th, Wood of the 9th and others: A BILL to amend an Act known as the "Georgia 2280 JOURNAL OF THE HOUSE, Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the local option tax authorized for certain counties and municipalities shall not apply with respect to certain sales and uses pursuant to written construction contracts entered into prior to the approval of the tax by a county or munici pality; and for other purposes. HB 1508. By: Representative Pinkston of the 100th: A BILL to amend Code Section 13-203, relating to branch banks, so as to provide for the establishment of branch banks through merger, consolidation or sale of assets under certain con ditions; and for other purposes. HB 1509. By: Representative Pinkston of the 100th: A BILL to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to authorize certain banks to maintain representative offices in this State; to authorize certain inter national bank agencies to maintain representative offices in this State; and for other purposes. HB 1259. By: Representative Lane of the 40th: A BILL to amend Code Section 26-1507, relating to damaging, injuring or interfering with property of public utility com panies, municipalities or political subdivisions, so as to provide for the adoption of more restrictive laws, rules, regulations and ordinances; to provide an effec tive date; and for other purposes. HB 1526. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Hatcher of the 131st, Steinberg of the 46th, Linder of the 44th, Hill of the 127th, Ross of the 76th, and Carrell of the 75th: A BILL to amend Code Title 88, relating to public health, so as to provide for public policy; to provide for the development of evaluation and follow-up procedures for the detection of hearing impairments in certain high-risk infants; and for other purposes. HB 1549. By: Representative Marcus of the 26th: A BILL to amend an Act known as the "Uniform Criminal Extradition Act" so as to provide that the District of Columbia shall be included in the jurisdiction of said Act; to provide an effec tive date; and for other purposes. HB 1555. By: Representatives Steinberg of the 46th, Bray of the 70th, Hawkins of the 50th, Rowland of the 119th, Galer of the 97th, Marcus of the 26th, and Nichols of the 27th: A BILL to amend Code Chapter 34-13, relating to the preparation for and conduct of primaries and elections, so as to further define certain pro hibited campaign practices; to provide for additional regulations and restrictions which shall be observed at the polling places; and for other purposes. HB 1558. By: Representatives Steinberg of the 46th, Bray of the 70th, Hawkins of the 50th, Rowland of the 119th, Galer of the 97th, Marcus of the 26th, and Nichols of the 27th: A BILL to amend Code Chapter 34A-12, relating to the preparation for and conduct of municipal primaries and elections, so as to further provide for prohibited campaign activities within 250 feet of the polling place; to pro vide for additional regulations which shall be in force at the polling place; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1232. By: Representatives Toles of the 16th, Murphy of the 18th, Oldham of the 14th, Gammage of the 17th and Childers of the 15th: A BILL to amend an Act THURSDAY, MARCH 2, 1978 2281 known as the "Disabled Persons License Plates Act", approved April 13, 1973, so as to provide that certain deaf persons shall qualify for such license plates; to provide for other matters relative to the foregoing; and for other purposes. HB 1576. By: Representatives Irvin of the 10th, Colwell and Twiggs of the 4th, Jackson and Whitmire of the 9th, and Dover of the llth: A BILL to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to change the provisions relative to exemptions from certification; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1664. By: Representatives Jones of the 126th, and Colwell of the 4th: A BILL to amend an Act creating the "Georgia Ports Authority" so as to change the provi sions relating to the compensation of the members of the Authority; to provide an effective date; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 444-1274. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A RESOLUTION proposing an amendment to the Constitution to amend the provisions relating to nonprofit bingo games so as to authorize the General Assembly to legalize, define, and regulate the operation of nonprofit bingo games; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 589-1710. By: Representatives Chance of the 129th, Clifton of the 107th, Lane of the 81st, Kemp of the 139th, and Nessmith of the 82nd: A RESOLUTION authoriz ing and directing the State Department of Transportation to designate State Highway 119 as the "Governor John Adam Treutlen Highway"; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 85-370. By: Representatives Logan of the 62nd, Triplett of the 128th, Chance of the 129th, Lane of the 81st, Childers of the 15th, Wood, Jackson and Whitmire of the 9th, Argo of the 63rd, and others: A RESOLUTION proposing an amend ment to the Constitution so as to authorize the General Assembly to exempt swine and bovines from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House: HB 1288. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to authorize the Commissioner to require the collection of tax on the retail price on certain sales of tangible personal property for resale; to provide for an effective date; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: 2282 JOURNAL OF THE HOUSE, SB 511. By: Senators Banks of the 17th, Holloway of the 12th, Starr of 44th and others: A BILL to amend Code Section 105-106, relating to privity to support action, so as to provide that it shall be an affirmative defense for a manufacturer in certain actions that his product was altered from its condition when sold; and for other purposes. SB 458. By: Senators Broun of the 46th, Lester of the 23rd, and Overby of the 49th: A BILL to amend an Act known as "The Act Providing for the Review, Continua tion, Reestablishment or Termination of Regulatory Agencies", approved March 24, 1977, so as to provide for joint hearings; to provide for legislation to con tinue or reestablish a regulatory agency; and for other purposes. SB 395. By: Senators Russell of the 10th, Evans of the 37th, Robinson of the 27th and others: A BILL to amend Code Section 68B-218 relating to veterans licenses and honorary licenses, so as to provide for the issuance of distinctive drivers' licenses at no cost to certain members of the Georgia National Guard; and for other purposes. The Senate has agreed to the House substitute to the following Bill of the Senate: SB 632. By: Senators Shapard of the 28th and Johnson of the 34th: A BILL to amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965, so as to change the compensation of the judge of the probate court; to provide for other matters relative thereto; to provide an effec tive date; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 590-1718. By: Representatives Housley and Burruss of the 21st, Cooper, Wilson and Kaley of the 19th, and Murphy of the 18th: A RESOLUTION proposing an amendment to the Constitution, so as to authorize the General Assembly to cre ate a Paulding County Civil Service System for all those persons, other than elected officials, whose salaries or wages are paid in whole or in part from the funds of Paulding County; and for other purposes. HR 657-1835. By: Representative Irvin of the 10th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Banks County; and for other purposes. HR 658-1835. By: Representative Irvin of the 10th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by residents of Stephens County; and for other purposes. HR 661-1850. By: Representatives Dover of the llth, and Twiggs and Colwell of the 4th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for tax purposes for certain property owned by resi dents of White County; and for other purposes. HR 662-1850. By: Representative Dover of the llth: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for THURSDAY, MARCH 2, 1978 2283 tax purposes for certain property owned by residents of Habersham County; and for other purposes. HR 514-1463. By: Representative Harris of the 8th: A RESOLUTION authorizing the con veyance of an easement of air rights over and across certain real property owned by the State of Georgia in Bartow County; and for other purposes. HR 527-1520. By: Representatives Tuten of the 153rd, and Auten of the 154th: A RESO LUTION authorizing the conveyance of all right, title, and interest of the State in certain real property heretofore conveyed pursuant to resolution of the Gen eral Assembly to Boys Estate Incorporated; and for other purposes. HR 544-1533. By: Representative Kemp of the 139th: A RESOLUTION authorizing the conveyance of certain real property located in the City of Hinesville, Liberty County, Georgia; and for other purposes. HR 552-1580. By: Representatives Greene and Stone of the 138th: A RESOLUTION authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Wayne County certain State-owned real prop erty located within Wayne County, Georgia; and for other purposes. HR 611-1733. By: Representatives Foster and Wheeler of the 152nd: A RESOLUTION authorizing the conveyance to the City of St. Marys of an irrevocable easement in certain real property owned by the State and located in Camden County; and for other purposes. HR 615-1748. By: Representatives Jones of the 126th, Harris of the 8th, and Murphy of the 18th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the processing and dis position, by the Claims Advisory Board, of claims against the State which do not exceed $500.00; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 420. By: Senator Kidd of the 25th: A BILL to amend Title 34 of the Code of Georgia, said Title being known as the "Georgia Election Code", so as to provide for def initions to be used in the Georgia Election Code; to provide for the preservation of records; to provide for county registrars; to provide for qualification of regis trars and deputy registrars; and for other purposes. SB 457. By: Senators Broun of the 46th, Lester of the 23rd, and Overby of the 49th: A BILL to amend an Act creating the State Commission on Compensation, approved March 18, 1971, so as to change the provisions relating to the assis tance given by the Commission to the General Assembly; to provide for meet ings of the Commission; to change the salary of the members of the Commission; and for other purposes. SB 603. By: Senators Gillis of the 20th, English of the 21st and Walker of the 19th: A BILL to amend an Act known as the "Executive Reorganization Act of 1972", approved April 6, 1972, so as to transfer the functions of the Georgia Forest Research Council to the State Forestry Commission; to continue the Council in an advisory capacity to the Commission; to provide for appointment and quali fication of Council members; to require meetings; to require a specification of 2284 JOURNAL OF THE HOUSE, appropriations for certain research purposes; to provide for other matters rela tive to the foregoing; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: SB 433. By: Senators Johnson of the 34th, Greene of the 26th, Shapard of the 28th and others: A BILL to amend Code Chapter 26-18, relating to crimes of theft, so as to change the definitions of the crime of theft by taking; to define the crime of theft by shoplifting; to provide penalties; to define a certain term; to provide that certain evidence shall be prima facie evidence of value and ownership; to provide for clarification of sentences; and for other purposes. SB 503. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the Department of Public Safety, approved March 19, 1937, so as to provide that the chief law enforcement officer of any municipality may request the assistance of members of the Georgia State Patrol in the prevention and detection of violations of the criminal laws and in the apprehension of those violating such laws; and for other purposes. SB 543. By: Senator Kidd of the 25th: A BILL to amend an Act providing for a Board of Trustees of the Georgia Military College, approved August 1, 1922, so as to change the number and composition of the said Board of Trustees; to change the provisions relating to the appointment of election of the Board; to provide procedures connected with the forming of said Board; to provide for vacancies; to repeal a specific provision; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1304. By: Representative Taggart of the 125th: A BILL to provide that the Commis sioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1670. By: Representatives Mullinax of the 69th, Wood of the 72nd, Phillips of the 59th, Williams of the 6th, and Mostiler of the 71st: A BILL to amend an Act approved March 29, 1937, known as the "Unemployment Compensation Law" (now Employment Security Law) to provide certain changes required by the U.S. Secretary of Labor; and for other purposes. HB 1687. By: Representative Beck of the 148th: A BILL to amend Code Chapter 65-2, relating to nonprofit cooperative associations, also known as the "Cooperative Marketing Act", so as to provide for perpetual duration for such associations except under certain circumstances; to provide an effective date; and for other purposes. HB 1718. By: Representatives Reaves of the 147th, Phillips of the 120th, Hanner of the 130th, Patten of the 149th, Patten of the 146th, Cooper of the 19th, Lord of the 105th, and others: A BILL to amend an Act known as the "Certification of Water and Wastewater Treatment Plant Operators Act" so as to establish a THURSDAY, MARCH 2, 1978 2285 termination date for the State Board of Examiners for Certified Water and Wastewater Treatment Plant Operators and the date on which the aforesaid Act shall stand repealed; to provide an effective date; and for other purposes. HB 1736. By: Representative Carlisle of the 71st: A BILL to amend Code Section 24-2801, relating to election, qualification, term of office, etc., of sheriffs so as to change the provisions relating to qualifications; and for other purposes. HB 1882. By: Representative Edwards of the 110th: A BILL to change certain provisions relating to State purchasing; to amend an Act changing certain provisions relat ing to State purchasing and the supervisor of purchases so as to change the amount of expenditure requiring the solicitation of bids by advertisement; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate: SR 323. By: Senator Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be con ditioned for its effectiveness on approval of the voters of DeKalb County; and for other purposes. SR 347. By: Senators Wessels of the 2nd and Riley of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; and for other purposes. SR 351. By: Senator Hudson of the 35th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970 or any future such census; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 359. By: Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtain ing such exemptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 365. By: Senator Dean of the 31st: A RESOLUTION proposing an amendment to the Constitution so as to provide that residents of the City of Rockmart who are 2286 JOURNAL OF THE HOUSE, 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Representative Baugh of the 108th moved that the House reconsider its action in giving the requisite two-thirds constitutional majority to the following Resolution of the Senate: SR 293. By: Senator Kidd of the 25th: A RESOLUTION proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Wilkinson County; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Gillis of the 20th, Walker of the 19th, and Turner of the 8th. Representative Ham of the 80th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate: SB 394. By: Senator Barker of the 18th: A BILL to amend Code Chapter 45-5, relating to hunting, so as to provide that it is unlawful for any person to cause injury or damage to any person or property by the discharge of weapons under certain circumstances; to provide for penalties; to require law enforcement officers and district attorneys to bring violations before the grand jury; and for other pur poses. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin N Andereon, W. N Argo, B. Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Burton, J. Butler, D. Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. Canon, G. N Castleberry, D. Chance, G. N Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. N Clifton, A.D. Coleman, T. Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. Coi, W.E. N Crosby, T. Y Culpepper, B. N Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. N Deveaui, C. Diion, H.D. Y Dover, Bill Edwards, W. Elliott, E.H. Evans, W.D. Felton, D. N Foster, P.W. N Foster, R.L. Galer, M. Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. N Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. N Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. N Irvin, J. Irvin, R. Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. N Johnston, J. Jones, B. Jones, Herb Kaley, M. Karrh, R. Kemp, R. N Keyton, J.W. THURSDAY, MARCH 2, 1978 N Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. N Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N McCollum, H. N McDonald, L. McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. Murray, B. Y Nessmith, P.E. N Nichols, M. Nil, K. Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. N Rainey, H. N Ralston, E. Y Ramsey, T. Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. Ross, Ben B. N Rowland, J.R. Y Rush, Dewey N Russell, J. Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. N Snow, Waynejr. Steinberg, C. Y Stone, R. Swann, D. Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom 2287 Truluck, R. Tucker, R.M. Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 38, nays 69. The motion was lost. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 645. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. SB 646. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. By unanimous consent, the following Bills and Resolutions of the Senate were read and referred to the committees: SR 323. By: Senator Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be con ditioned for its effectiveness on approval of the voters of DeKalb County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. 2288 JOURNAL OF THE HOUSE, SR 347. By: Senators Wessels of the 2nd and Riley of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 351. By: Senator Hudson of the 35th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970 or any future such census; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 359. By: Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtain ing such exemptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 365. By: Senator Dean of the 31st: A RESOLUTION proposing an amendment to the Constitution so as to provide that residents of the City of Rockmart who are 65 years of age or over shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 643. By: Senator Dean of the 31st: A BILL to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of elec tors; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 645. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. THURSDAY, MARCH 2, 1978 2289 SB 646. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. Representative Karrh of the 106th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 484. By: Senators Johnson of the 34th, Doss of the 52nd, McGill of the 24th and others: A BILL to amend Code Section 26-1704, relating to bad checks, so as to more clearly define the term "present consideration"; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. N Burruss, A.L. N Burton, J. N Butler, D. Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. Cason, G. N Castleberry, D. Chance, G. N Childers, E.M. Childs, P. Clark, Betty Y Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. Y Colwell, C.H. N Connell, J. N Cooper, B. Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. Deveaux, C. Dixon, H.D. N Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. Felton, D. N Foster, P.W. Y Foster, R.L. Galer, M. Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. N Manner, B. N Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. N Housley, E. N Hudson, Ted Y Hutchinson, R.S. N Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. N Jones, B. N Jones, Herb N Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. N Looper, M. Lord, J. Lucas, D.E. Y Mann, C.C. N Marcus, S.J. N Matthews, D.R. McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N MuUinax, E.G. N Murray, B. N Nessmith, P.E. N Nichols, M. N Nix, K. N Noble, Bill N Oldham, L. Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. Y Scott, A. Scott, D. Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. N Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Y Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 25, nays 92. The motion was lost. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has discharged the First Committee of Conference and has appointed a Second Conference Committee on the following Bill of the Senate: 2290 JOURNAL OF THE HOUSE, SB 236. By: Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st, Hudson of the 35th, and others: A BILL to amend an Act approved Mar. 16, 1972, known as the "Geo. L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the Geo. L. Smith II Georgia World Congress Center Authority relative to the operation and management of the Geo. L. Smith II Georgia World Congress Center; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Duncan of the 30th, Hudson of the 35th, and Dean of the 31st. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1806. By: Representatives Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th, and White of the 132nd: A BILL to amend an Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority so as to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; and for other purposes. The following Senate substitute was read: A BILL To amend an Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573), so as to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. The Board of Commissioners of Dougherty County may, by resolution, establish and change from time to time the number of members of the AlbanyDougherty Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of the Authority." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Hatcher of the 131st moved that the House agree to the Senate substi tute to HB 1806. On the motion, the ayes were 103, nays 0. The motion prevailed. THURSDAY, MARCH 2, 1978 2291 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills the Senate were taken up for consideration and read the third time: SB 460. By: Senators Doss of the 52nd, Johnson of the 34th, and English of the 21st: A BILL to create the Music Recording Industry Advisory Committee within the Department of Industry and Trade; to provide for the composition and appoint ment of uie Committee; to provide for the terms of office; to provide for reim bursement of necessary expenses of the members; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 98, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 443. By: Senators Johnson of the 34th, Stephens of the 36th, Shapard of the 28th, and Greene of the 26th: A BILL to amend an Act providing procedures for searches and seizures and for suppression of evidence illegally seized, approved March 16, 1966, so as to provide for the return of certain stolen, embezzled or other unlawfully obtained property to the rightful owners; to provide for hearings; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 161. By: Senator Foster of the 50th: A BILL to amend an Act providing for a health insurance plan for State employees, so as to change the provisions relative to the continuation of health insurance coverage for the spouse or dependents of an employee who dies; and for other purposes. The following Committee substitute was read and withdrawn: A BILL To amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), so as to change the provisions relative to the con tinuation of health insurance coverage for the spouse or dependents of an employee who dies; to repeal conflicting laws; and for other purposes. 2292 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), is hereby amended by striking from subsection (a) of Section 8A the following: "20 years" and inserting in lieu thereof the fol lowing: "13 years and 4 months of, so that when so amended subsection (a) of Section 8A shall read as follows: "(a) Any spouse or dependent child or children included in the coverage of the con tract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966 having at least 36 years 13 years and 4 months of creditable service as determined pur suant to the provisions of the Act establishing an employees' retirement system known as 'Employees' Retirement System of Georgia', approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regula tions of the Board. The Board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance and resumption of coverage by any such spouse or dependent child or children." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The following substitute, offered by Representative Castleberry of the lllth, was read and adopted: A BILL To amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), so as to change the provisions relative to the con tinuation of health insurance coverage for the spouse or dependents of an employee who dies; to provide for participation in health insurance by certain employees and former employees and their spouses and their dependent children and the terms and conditions connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, particularly by an Act approved March 10, 1966 (Ga. Laws 1966, p. 279), is hereby amended by striking from subsection (a) of Section 8A the following: "20 years" and inserting in lieu thereof the fol lowing: "13 years and 4 months of, so that when so amended subsection (a) of Section 8A shall read as follows: "(a) Any spouse or dependent child or children included in the coverage of the con tract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966 having at least 39 years 13 years and 4 months of creditable service as determined pur suant to the provisions of the Act establishing an employees' retirement system known as 'Employees' Retirement System of Georgia', approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regula tions of the Board. The Board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance and resumption of coverage by any such spouse or dependent child or children." THURSDAY, MARCH 2, 1978 2293 Section 2. Said Act is further amended by adding, following Section 8A, a new Section 8B, to read as follows: "Section 8B. Any other provision of this Act to the contrary notwithstanding, on and after July 1, 1978, any employee who resigns from employment or who fails to be reelected or who does not seek reelection to office and who at the time he leaves office or employment has completed eight or more years of service as an employee, as defined in this Act, shall be entitled to continue full coverage and participation, including cover age for his spouse and dependent children, in the health insurance plan by the payment of an annual premium to be fixed by the board. Such premium must be paid within 30 days following receipt of a notice of premium to be sent to such person by the board. If the annual premium is not paid within such time limit such insurance coverage shall be canceled and such person shall not again be eligible to participate in such plan. The provisions of this Section shall not affect the rights otherwise available under this Act of retired employees and their spouses and dependents. The board is hereby authorized to establish terms and conditions for participation as the board shall deem appropriate and which are not in conflict with the provisions of this Section." 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 hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the ayes were 101, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substi tute. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendments to the following Bills of the Senate: SB 574. By: Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th: A BILL to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974, so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retar dation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Advisory Council; and for other purposes. SB 555. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain con ditions; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 570. By: Senators Stephens of the 36th, Tate of the 38th, Turner of the 8th and others: A BILL to amend an Act regulating advertising, approved March 25, 1958, so 2294 JOURNAL OF THE HOUSE, as to require a person who uses the term "Doctor" or "Dr." to designate the degree to which he is entitled or to make certain other designations; to provide for exceptions; to provide for exceptions; to provide a penalty; to provide an effective date; and for other purposes. The following amendment was read and adopted: Representatives Walker of the 115th and Bishop of the 94th move to amend SB 570 by adding after the word "person" on line 26, page 1 the word "willfully" and by adding after the word "provisions" on line 26 the words "with intent to defraud". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Autn, D. Y Balkoom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. Y Bolster, P. N Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. Y Holmes, Bob N Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Muford, B. Y Money, J. N Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. N Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 131, nays 16. The Bill, having received the requisite constitutional majority, was passed, as amended. The Speaker announced the House in recess until 1:45 o'clock, this afternoon. THURSDAY, MARCH 2, 1978 2295 AFTERNOON SESSION The Speaker Pro Tern called the House to order. The following Resolutions of the House were read and adopted: HR 806. By: Representatives Housley of the 21st and Nix of the 20th: A RESOLUTION commending Mr. Milford L. Turner; and for other purposes. HR 807. By: Representatives Nichols of the 27th, Carnes of the 43rd, Marcus of the 26th, Hawkins of the 50th and others: A RESOLUTION recognizing and commending Anatoly Shcharansky; and for other purposes. HR 808. By: Representatives Buck of the 95th, Thompson of the 93rd, Cason of the 96th, Bishop of the 94th and others: A RESOLUTION commending Mr. William Henry Williams; and for other purposes. HR 809. By: Representative Ham of the 80th. A RESOLUTION expressing regret at the passing of Mr. Walker Waldrep; and for other purposes. HR 810. By: Representative Johnson of the 66th: A RESOLUTION commending the West Georgia News; and for other purposes. HR 811. By: Representative Johnson of the 66th: A RESOLUTION commending the Carrollton Optimist Club; and for other purposes. HR 812. By: Representative Johnson of the 66th: A RESOLUTION commending Mr. Gary Aldridge; and for other purposes. HR 813. By: Representative Kilgore of the 65th: A RESOLUTION commending Gary Alan Guffey; and for other purposes. HR 814. By: Representatives Ross of the 76th, Daniel of the 88th, Evans of the 84th, Bargeron of the 83rd and others: A RESOLUTION commending the Lincoln County High School "Red Devils" Football Team; and for other purposes. HR 815. By: Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd and Murphy of the 18th: A RESOLUTION commending John David Newberry; and for other purposes. HR 816. By: Representatives Marcus of the 26th and Murphy of the 18th: A RESOLU TION commending Dr. Leila D. Denmark; and for other purposes. HR 817. By: Representative Harris of the 8th: A RESOLUTION commending Mrs. Diane Dieterle, Director, GENEALOGICAL LIBRARY FOR THE BLIND AND PHYSICALLY HANDICAPPED, INC.; and for other purposes. HR 818. By: Representatives Harrison of the 20th, Isakson of the 20th, Nix of th 20th, Housley of the 21st, Cooper of the 19th, and others: A RESOLUTION com mending Miss Tammy Bolt; and for other purposes. 2296 JOURNAL OF THE HOUSE, HR 819. By: Representative Dixon of the 151st: A RESOLUTION expressing regret at the passing of Honorable Henry Benjamin Rodgers; and for other purposes. HR 820. By: Representatives Ramsey of the 3rd, Hanner of the 130th, Benefield of the 72nd, Johnson of the 72nd, Veazey of the 146th, and others: A RESOLUTION expressing appreciation to the young ladies of the telephone center; and for other purposes. HR 821. By: Representatives Hanner of the 130th, Greene of the 138th, Hatcher of the 131st, Stone of the 138th, Mullinax of the 69th, and others: A RESOLUTION commending the United States Jaycees and Mr. Bob Rushton, National Presi dent of the United States Jaycees; and for other purposes. HR 822. By: Representatives Russell of the 64th, Logan of the 62nd, Argo of the 63rd, Carlisle of the 71st, Elliott of the 49th, and Swann of the 90th: A RESOLU TION commending Miss Connie Carrell; and for other purposes. HR 823. By: Representative Carrell of the 75th: A RESOLUTION expressing sympathy at the passing of Lt. Michael Everett Etchison, Sr.; and for other purposes. HR 824. By: Representatives Wood of the 9th, Whitmire of the 9th, and Jackson of the 9th: A RESOLUTION commending Mrs. Charles Smithgall; and for other pur poses. HR 825. By: Representatives Wood, Whitmire and Jackson of the 9th: A RESOLUTION commending the Honorable Tom Mundy; and for other purposes. HR 826. By: Representatives Wood, Whitmire and Jackson of the 9th: A RESOLUTION commending Honorable Richard Shockley; and for other purposes. HR 827. By: Representatives Hawkins of the 50th, Richardson of the 52nd Isakson of the 20th, Murphy of the 18th and Steinberg of the 46th: A RESOLUTION express ing appreciation to and commending Louise Davis Davison; and for other pur poses. HR 828. By: Representatives Logan of the 62nd, Argo of the 63rd, Russell of the 64th, Carnes of the 43rd, and Carlisle of the 71st: A RESOLUTION commending Professor R. Perry Sentell, Jr.; and for other purposes. HR 829. By: Representatives Clark of the 55th, Childs of the 51st, Steinberg of the 46th, Robinson of the 58th and others: A RESOLUTION commending Mr. Hal T. Peel; and for other purposes. HR 830. By: Representative Jessup of the 117th: A RESOLUTION expressing regret at the passing of Honorable Charles H. Dillashaw; and for other purposes. HR 831. By: Representatives Beckham of the 89th, Swann of the 90th, Dent of the 85th, Truluck of the 86th and others: A RESOLUTION commending Dr. C. A. Dabney; and for other purposes. HR 832. By: Representatives Logan of the 62nd, Argo of the 63rd, Russell of the 64th, Milford and Clark of the 13th and others: A RESOLUTION expressing regret at the passing of the Honorable King Crawford; and for other purposes. THURSDAY, MARCH 2, 1978 2297 The following Resolution of the House was read and referred to the Committee on Rules: HR 833. By: Representatives Childs of the 51st, Irvin of the 10th, Dover of the llth, Colwell of the 4th and others: A RESOLUTION commending the legendary Frank Rickman; and for other purposes. The following Resolutions of the House were read and adopted: HR 834. By: Representatives White of the 132nd, Hatcher of the 131st, Hutchinson of the 133rd, McCollum of the 134th and others: A RESOLUTION commending Albany State College on its seventy-fifth anniversary; and for other purposes. HR 835 By: Representative Gignilliat of the 122nd: A RESOLUTION commending the Georgia Tech Jackettes; and for other purposes. HR 836. By: Representatives White of the 132nd, Clark of the 55th, Glanton of the 66th, Long of the 142nd and others: A RESOLUTION requesting the Congress of the United States to take certain actions respecting the freedom of religion in per mitting prayer in the public schools; and for other purposes. HR 837. By: Representatives Smyre of the 92nd, Bishop of the 94th, Thompson of the 93rd, Galer of the 99th and others: A RESOLUTION congratulating the Honor able Thomas B. Buck III on the occasion of his birthday; and for other pur poses. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. Representative Burruss of the 21st moved that SB 501 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin Y Andereon, W. N Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. N Benefield, J. Birdsong, K. Bishop, S. N Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. N Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Castleberry, D. N Chance, G. Childers, E.M. N Childs, P. N Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. N Deveaui, C. Diion, H.D. N Dover, Bill Y Edwards, W. N EUiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted N Hutchinson, R.S. Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. N Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) N Lenderman, M. N Linder, J. 2298 JOURNAL OF THE HOUSE, N Logan, H. Y Long, W.K. Looper, M. Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N MeCollum, H. N McDonald, L. N McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. Mullinai, E.G. N Murray, B. Y Nessmith, P.E. N Nichols, M. N Nix, K. N Noble, Bill N Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. N Savage, J. N Scott, A. N Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. N Steinberg, C. Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Triplett, Tom N Truluck, R. Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby N White, J. N Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 54, nays 87. The motion was lost. Representative Home of the 104th stated that he had inadvertently voted "aye" on the motion to table SB 501, but had intended to vote "nay" thereon. The following amendment was read: The House Committee on Special Judiciary moves to amend SB 501 as follows: By striking the word "same" on Page 2, Line 11, and inserting in lieu thereof the words "rate of 75% of the" between the word "the" on Line 11 and the word "salary" on Line 12 by striking the numeral "two" on Page 2, Line 23 and inserting in lieu thereof the numeral "4". Line 29 strike the language "the Judges of the Superior Courts" starting on Page 2, Line 29, and inserting in lieu thereof "full time judges of the Juvenile Courts as set forth in this Act:". Strike all of Section 2, commencing on Page 3, all of Page 4 and ending on Line 15, Page 5 and inserting in lieu of a new section as follows: Section 2. Code Chapter 24A-2, relating to creation of juvenile courts, as amended, is hereby amended by adding at the end thereof a new Code Section 24A-202, to read as follows: "24A-202. Terms of office, selection of judges. (a) The terms of office of all juvenile court judges who are in office on June 30, 1979, shall end at 11:59 p.m. on June 30, 1979. (b) On or before July 1, 1979, there shall be appointed one or more judges of the juvenile courts of the various counties of this State as provided in this Code Title. The judges so appointed shall take office on July 1, 1979, for a term of office expiring on January 1, 1983. Successors to such judges shall be elected at the general election immediately preceding the expiration of a term of office for a term of office of four years each and until their respective successors are duly elected and qualified. (c) In the event of a vacancy in the office of judge of a juvenile court, such vacancy shall be filled by appointment of a duly qualified person to serve for the remainder of the unexpired term of office as provided in subsection (d) of this Section. (d) Those persons to be initially appointed as juvenile court judges under the provisions of subsection (b) of this Section and any person appointed to fill a vacancy as provided in subsection (c) of this Section shall be appointed by the Governor from THURSDAY, MARCH 2, 1978 2299 a list of three nominees submitted to him by the judges of the superior courts in the judicial circuit in which the juvenile court is located." Alter caption on Page 1, Line 5 by striking the word "reappointment" and inserting in lieu thereof the word "election". The following amendment was read: Representative Burruss of the 21st moves to amend the Committee amendment to SB 501 as follows: By striking the word "appointed" where it appears in 24A-202, subsection (b) and inserting in lieu thereof the word "elected". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. N Chance, G. N Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. N Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, B.C. Dent, R.A. N Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. N Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted N Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. N Karrh, R. N Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) N Lendennan, M. N Linder, J. Y Logan, H. Y Long, W.K. Looper, M. N Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. N Money, J. Y Mostiler, J.L. N Mullinax, E.G. N Murray, B. Nessmith, P.E. N Nichols, M. Y Nix, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. N Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. N Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 69, nays 81. The amendment was lost. N Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom Y Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representatives Evans of the 84th and Culpepper of the 98th move to amend the Committee amendment to SB 501 by striking everything except the first two paragraphs. On the adoption of the amendment, the roll call was ordered and the vote was as follows: 2300 JOURNAL OF THE HOUSE, N Adams, G. N Adams, Marvin N Andereon, W. Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty N Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. N Deveaui, C. DUon, H.D. N Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Y Gignilliat, A. N Glanton, Tom Glover, M. N Greene, J. Greet, J.W. N Ham, B. N Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Y Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. N Housley, E. Hudson, Ted N Hutchinson, R.S. Y Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. Y Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. Jones, B. N Jones, Herb N Kaley, M. Y Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. N Lambert, Roy N Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. Looper, M. N Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. N McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. N Nil, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 41, nays 107. The amendment was lost. N Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom N Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby N White, J. N Whitmire, D. N Williams, H.L. Y Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The following amendment was read and adopted: Representative Linder of the 44th moves to amend the Committee amendment to SB 501 by substituting the term "1980" for the term "1979" wherever it appears in the Bill and in the Committee amendment and by substituting the term "1981" for the term "1980" wherever it appears in the Bill. The Committee amendment, as amended, was adopted. The following amendment was read and adopted: Representative Foster of the 152nd moves to amend SB 501 by adding a new Section H on page 3 to read as follows: "Each county shall have the option to provide a part time judge when said judge is compensated by that county.". An amendment, offered by Representatives Tolbert of the 56th and Auten of the 154th, was read and lost. An amendment, offered by Representative Hatcher of the 131st, was read and lost. An amendment, offered by Representative Parham of the 109th, was read and lost. THURSDAY, MARCH 2, 1978 2301 The following amendment was read and adopted: Representatives Elliott of the 49th and Pilewicz of the 41st move to amend S. B. 501 by adding the following language to Section 1. after the words "and manner as the judges of the superior courts" in paragraph b (2) of 24A-201, page 2, line 15: "providing, however, that the salary, pension, retirement and insurance benefits of full-time judgeships for circuits created under this act shall not be less than that salary currently authorized for full time judgeships of any juvenile court currently existing within that circuit". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin N Andersen, W. Y Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. N Childere, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. Connell, J. Y Cooper, B. N Coi, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. N Housley, E. Hudson, Ted Y Hutchinson, R.S. N Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. N Keyton, J.W. N KUgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick N Lane, W.J. Y Lee, W.J.(BiU) Y Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. Y Mostiler, J.L. Y Mullinax, E.G. N Murray, B. Nessmith, P.E. Y Nichols, M. Y Nii, K. Y Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. N Snow, Wavne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 91, nays 65. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Culpepper of the 98th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 501, as amended. Representative Horton of the 43rd stated that he had been called from the floor of the House when the roll was called on the passage of SB 501, as amended, but had he been present would have voted "aye" thereon. 2302 JOURNAL OF THE HOUSE, SB 606. By: Senator Doss of the 52nd: A BILL to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's compensation insurance; and for other purposes. The following amendment was read: Representatives Ham of the 80th, Hill of the 127th, Childers of the 15th, and others move to amend SB 606 by adding a new section to read as follows: "Notwithstanding any provision herein to the contrary the Georgia Motor Vehicle Accident Reparation Act is repealed in its entirety, effective December 31, 1981.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Adams, G. N Adams, Marvin Y Anderson, W. N Argo, B. N Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. N Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. N Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y DaTM, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. N Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawking, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. N Logan, H. Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. N McCollum, H. McDonald, L. Y McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. N Nil, K. Y Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. Tucker, R.M. N Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 90, nays 54. The amendment was adopted. Representative Home of the 104th stated that he had been called from the floor of the House when the roll was called on the adoption of the Hill et al amendment, but had he been present would have voted "nay" thereon. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: THURSDAY, MARCH 2, 1978 2303 Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. YHam, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. N Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y PhiUips, L.L. Phfflips, R.T. Y PhilUps, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 136, nays 11. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Carlisle of the 71st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 606, as amended. SB 465. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the Department of Industry and Trade, approved February 7, 1949, so as to delete criteria for membership on the Board of Industry and Trade; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 109, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 506. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to provide authorization for solar easements; to provide for a short title; to provide a method of establishing a solar easement; to provide for the contents of a solar easement; to provide for severability; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 2304 JOURNAL OF THE HOUSE, On the passage of the Bill, the ayes were 97, nays 11. The Bill, having received the requisite constitutional majority, was passed. SB 505. By: Senator Holloway of the 12th: A BILL to provide for a program for elderly citizens of this State to attend units of the University System of Georgia with out payment of fees with certain exceptions; to provide for a short title; to pro vide for other matters relative to the foregoing; to provide conditions for the effectiveness of this Act; and for other purposes. The following amendment was read: Representatives Scott of the 123rd, Triplett of the 128th, Hill of the 127th, and others move to amend SB 505 as follows: By inserting following the word "citizens" on line 1 of page 1 the following: "and certain veterans". By inserting following the word "Citizens" on line 11 of page 1 the following: "and Veterans". By renumbering Sections 3, 4 and 5 as Sections 4, 5 and 6, respectively. By inserting, following Section 2, a new Section 3 to read as follows: "Section 3. Higher Education Program for Veterans. The Board of Regents of the University System of Georgia is hereby authorized to establish and implement a pro gram of free tuition for veterans who are citizens of this State, who are eligible for benefits under the Federal Veterans' Educational Assistance law, 38 U.S.C., Chapter 34, as amended, who received honorable discharges from the armed forces of the United States and who have completed at least two years of study, for which tuition has been paid, in a program of study leading to a bachelor's or master's degree in a unit of the University System of Georgia, whenever funds are available for this pro gram. Such program shall not include free tuition for study in dental, medical, veteri nary, pharmacy or law schools nor for study leading to a Ph.D. degree or a second or subsequent bachelor's or master's degree. The Board of Regents shall promulgate and adopt rules and regulations to implement and carry out the provisions of this Paragraph." On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andersen, W. N Argo, B. N Auten, D. N Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Y Birdsong, K. Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. N Burruss, A.L. Burton, J. N Butler, D. Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. N Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. N Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Karrh, R. N Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy N Lane, Dick Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. N Linder, J. THURSDAY, MARCH 2, 1978 2305 N Logan, H. Y Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. N McKinney, J.E. N Milford, B. N Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. N Nessmith, P.E. N NichoU, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. Y Scott, A. Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. Tucker, R.M. Tuten, J. N Twiggs, R. Vaughn, C.R. Veazey, M. On the adoption of the amendment, the ayes were 60, nays 69. The amendment was lost. Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker An amendment, offered by Representative Ralston of the 7th, was read and lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 9. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1046. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufac turers, distillers, or wholesalers under certain conditions; and for other pur poses. Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolutions of the Senate were taken up for consideration and read the third time: SB 556. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for the enrollment of selected individuals who are 16 or 17 years of age into adult education programs in Georgia; to provide for matters relating thereto; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 108, nays 0. The Bill, having received the requisite constitutional majority, was passed. 2306 JOURNAL OF THE HOUSE, SR 329. By: Senator Brown of the 47th: A RESOLUTION authorizing the sale and con veyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the "Commission", of certain State-owned real property, hereinafter throughout this Resolution referred to as "the 9th Street Property"; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 115, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 335. By: Senator Brown of the 47th: A RESOLUTION authorizing the sale and con veyance by the State of Georgia, acting by and through the State Properties Commission, hereinafter throughout this Resolution sometimes referred to as the "Commission", of all of that certain real property owned by the State of Georgia, hereinafter throughout this Resolution referred to as "the llth Street Property"; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the ayes were 109, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 121. By: Senator Broun of the 46th: A RESOLUTION to amend a Resolution passed by the General Assembly of Georgia in its 1973 Regular Session authorizing the severing of four tracts of real property or interests therein from then existing leases between the State of Georgia or authorized State entities, as Lessors, and second parties, as Lessees, and the consolidation of the said severed tracts or interests therein into a new Lease between the State of Georgia, acting by and through the State Properties Control Commission; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. THURSDAY, MARCH 2, 1978 2307 McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 135, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The following Senate substitute was read: A BILL To amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), so as to change the salaries of certain elected officials in said counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: "Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the following elected officials in such counties shall receive a monthly salary as provided: Clerk of Superior Court..................................................................................................! 1,700.00 Judge of Probate Court ..................................................................................................$ 1,800.00 Tax Commissioner ...........................................................................................................$ 1,800.00 Judge of State Court.......................................................................................................$ 2,222.00 Solicitor of State Court...................................................................................................! 1,356.60 Coroner................................................................................................................................! 892.00 Judge of Civil Court........................................................................................................! 2,000.00 Associate Judge of Civil Court......................................................................................! 1,700.00 Chairman, Board of Commissioners................................................................................! 783.33 County Commissioners ......................................................................................................! 583.33 District Attorney.................................................................................................................! 595.83 Judges of the Superior Court...........................................................................................! 807.85 Sheriff................................................................................................................................$ 2,100.00 2308 JOURNAL OF THE HOUSE, Provided, however, that the judge of the State court shall not be permitted to engage in the private practice of law." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Swann of the 90th moved that the House disagree to the Senate sub stitute to HB 1907. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time: SR 283. By: Senators Shapard of the 28th, Duncan of the 30th, Turner of the 8th and others: A RESOLUTION Creating the Services for the Aged Study Committee; and for other purposes. WHEREAS, Senate Resolution 27 of the regular 1977 Session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1977; and WHEREAS, the Services for the Aged Study Committee during 1977 engaged in a number of activities to assess the needs of the elderly and the adequacy of existing pro grams to meet these needs and prepared a comprehensive report with recommendations for needed action by the State; and WHEREAS, members of the Services for the Aged Study Committee recognized that the Committee work during 1977 was only a small beginning toward developing a compre hensive program of services for the aged in Georgia; and WHEREAS, based on the work performed by the Services for the Aged Study Com mittee during 1977, the General Assembly recognizes the need for continued study of ser vices for the aged, especially in the areas of: taxation, transportation, home care and social services, mandatory retirement laws, nursing homes, health care, crimes against the elderly laws, housing and energy, employment, recreation, education, gerontological and geriatric training, protective services, and clarification of federal and State rules and regulations; and WHEREAS, continued examination of aging service programs in both the public and private sectors is needed so as to make meaningful recommendations for improving and expanding services and legislation in the above areas; and WHEREAS, meeting the needs of Georgia's elderly citizens is of utmost importance, requiring optimum legislative input and study. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is hereby created the Services for the Aged Study Committee to be composed of five members of the Senate to be appointed by the President of the Senate and five members of the House to be appointed by the Speaker of the House. THURSDAY, MARCH 2, 1978 2309 The Committee shall study the work and report of the Services for the Aged Study Committee of 1977, and shall conduct a thorough study of the needs of the aged, devoting particular attention to the following areas: (1) taxation; (2) transportation; (3) home care and social services; (4) mandatory retirement laws; (5) nursing homes; (6) health care; (7) crimes against the elderly laws; (8) housing and energy; (9) consumer affairs; (10) legal services; (11) employment and education; (12) recreation; (13) gerontological and geriatric training; (14) protective services; (15) clarification of federal and State rules and regulations; (16) such other areas which the Committee deems appropriate for study. The President of the Senate shall appoint the chairman of the Committee, and the Speaker of the House shall appoint the vice chairman of the Committee. The Committee shall meet upon the call of the chairman. The Committee shall be authorized to study and review existing programs serving the elderly and the means by which improved services can be developed, to prepare legislation necessary to improve on existing services, and to study budget proposals necessary to improve on existing services and to implement such improved services. The Committee is further authorized to conduct meetings at such places, including places without the State, and at such times as it considers expedient and to do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the compensation and allowances provided by law for legislative members of interim legislative committees. The funds necessary to carry out the provisions of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government. The Committee shall publish its findings in a report and shall submit such report to the General Assembly not later than January 1, 1979, at which time the Commit tee shall stand abolished. Such report shall contain needs of the aged along with recom mendations as to how to facilitate participation of the aged in any new or standing programs. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Guilders, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawking, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. 2310 JOURNAL OF THE HOUSE, Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milibrd, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 138, nays 3. The Resolution, having received the requisite constitutional majority, was adopted. SB 533. By: Senator Duncan of the 30th: A BILL to amend an Act providing for liability insurance for State employees operating State-owned motor vehicles, so as to provide for liability coverage under State insurance policies, for certain non profit agencies and their employees which furnish services under contracts with the Department of Human Resources, for damages arising out of the use of State-owned vehicles by such agencies and employees; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Y Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Canon, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phfflips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker THURSDAY, MARCH 2, 1978 2311 On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 140. By: Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th, Traylor of the 3rd, and others: A BILL to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; and for other purposes. The following Committee substitute was read: A BILL To create the District Attorneys' Retirement System; to provide for a short title; to provide for definitions; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, so as to change the provisions relative to membership in said Retirement Fund and to change the provisions relative to administrative expenses; to amend an Act establishing the Employees' Retirement System of Georgia, approved Febru ary 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relative to membership and to provide for certain creditable service; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PARTI Section 1. Short title. This Part shall be known and may be cited as the "District Attorneys' Retirement Act". Section 2. Definitions. As used in this Act, unless the context clearly requires other wise, the following words or phrases shall have the meanings indicated below: (a) "System" or "Retirement System" means the District Attorneys' Retirement Sys tem created by this Act. (b) "Retirement Fund" or "Fund" means the District Attorneys' Retirement Fund created by Section 4 of this Act. (c) "Board" means the Board of Trustees provided for by Section 3 of this Act. (d) "District Attorney" means any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978 and January 1, 1979, who becomes a member of the Retirement System created by this Act pursuant to Section 8 of this Act and any District Attorney taking office on or after January 1, 1979, except that the term "District Attorney" shall not include any District Attorney: (1) who is eligible to participate in the District Attorneys' Retirement Fund cre ated pursuant to the Act creating the office of Solicitor General (now District Attor ney) emeritus and creating a retirement fund therefor, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and (2) any District Attorney who is a member of any other publicly supported retire ment or pension system or fund created by any law of this State, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the District Attorney from State funds. The membership of any District Attorney who becomes a member of the Retirement System shall terminate if, at any time, he becomes a member of any other publicly supported retirement or pension system or fund as herein described. (e) "Creditable service" means: 2312 JOURNAL OF THE HOUSE, (1) Any service performed as a contributing member of the System on and after January 1, 1979; and (2) Prior service as a District Attorney or as a solicitor of a State Court trans ferred, pursuant to Section 9 of this Act, from the "Trial Judges and Solicitors Retire ment Fund Act," approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. (f) "Employer" means the State of Georgia. (g) "Annual compensation" means the annual salary paid from State funds to a member of the Retirement System created by this Act. (h) "Average annual compensation" means the average annual compensation of a member during the five years immediately preceding his retirement, and if the member has less than five years as a contributing member, "average annual compensation" shall mean the average of the annual compensation of a member during his total service as a contributing member. (i) "Act of external violence" means any intentional injury or death caused directly or indirectly by another person. (j) "Official duties" means the duties and responsibilities of a District Attorney as are or may be imposed under the Constitution and laws of this State or which necessarily appertain to said office. (k) "State Court" means any court subject to the provisions of the Act providing for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level, approved March 24, 1970 (Ga. Laws 1970, p. 679), as amended. Section 3. System created; Board. There is hereby created the District Attorneys' Retirement System which shall be administered by a Board of Trustees composed of the Governor, the Attorney General and the Director of the Fiscal Division of the State Department of Administrative Services. Section 4. Fund; administration of fund, (a) The Board shall have control of the funds provided for in this Act, and all funds received by the Board shall be deposited in a special account to the credit of the District Attorneys' Retirement Fund. The benefits provided for in this Act and all administrative expenses shall be paid from sajd fund. The Board shall have authority to expend the funds in accordance with the provisions of this Act. (b) The Board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, the Board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the Fund. (c) The Board is hereby authorized to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and enter into contracts therewith for the purpose of such agent or agents acting as investment advisors and counselors, making recommendations for investments and making investments if the Board so authorizes. Section 5. Powers and duties of Board; actuarial investigations, (a) The Board is hereby given the following powers and duties: to contract with proper federal authorities for Old Age, Survivors' and Disability Insurance coverage under the Social Security Act; to provide for the collection of all money provided for in this Act; to provide for the pay ment of all administrative expenses; to hear and decide all applications for retirement and disability benefits provided for under this Act; to adopt such tables, as provided by sub section (b) of this Section, as it shall deem desirable in connection with the proper oper ation of the System; to provide for the payment of all retirement and disability benefits that may be determined to be due under this Act and the rules and regulations adopted by the Board; to make and promulgate all necessary rules and regulations not inconsistent with this Act to carry out the provisions of this Act; to determine eligibility of persons to receive retirement benefits, and disability benefits under the provisions of this Act; to THURSDAY, MARCH 2, 1978 2313 make provisions for refunds and repayments to persons who may be entitled to receive same; to keep records of all its meetings; and all other powers necessary for the proper administration of the provisions of this Act. (b) The Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Retirement Fund created by this Act and who shall perform such duties as may be required in connection therewith. From time to time and at least once during each five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the Retirement System and recommend for adoption by the Board mortality, service and other tables needed in the operation of the System. After taking into account such investigations, the Board from time to time shall adopt for the system such mortality, service and other tables as it may deem necessary for the operation of the System. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the System, except for rates of interest otherwise specified in this Act. On the basis of regular interest and tables last adopted by the Board, the actuary shall make annual valuations of the contingent assets and liabilities of the Retirement System. Section 6. Records. The Board shall keep permanent records of all its accounts in granting retirement and disability benefits, and shall keep proper records and books con cerning the operation of the Board. The Board shall present each year at the beginning of the regular session of the General Assembly an annual financial statement of the Sys tem. Section 7. Gifts. The Board may take by gift, grant or bequest, any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of said System in accordance with the provisions of this Act. Section 8. Membership, (a) The membership of the Retirement System shall be as follows: (1) Any District Attorney holding office on July 1, 1978, and any District Attorney taking office at any time between July 1, 1978, and January 1, 1979, unless any such District Attorney declines membership pursuant to subsection (b) of this Section, and (2) Any District Attorney taking office on or after January 1, 1979. (b) Any District Attorney specified in paragraph (1) of subsection (a) of this Section who is a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, may decline membership in the Retirement System and continue his member ship in the retirement system created by the aforesaid Act. Any such District Attorney intending to decline membership in the Retirement System shall notify the Board, in writ ing, of such intention by not later than December 31, 1978. Any such District Attorney so notifying the Board shall not become, and shall not at any time thereafter be eligible to become, a member of the Retirement System and shall remain a member of the retire ment system created by the aforesaid Act. Any such District Attorney failing to notify the Board, within the time limitation herein provided, that he has declined membership in the Retirement System shall become a member of the Retirement System on January 1, 1979, and, as of said date, his membership in the retirement system created by the aforesaid Act shall be terminated. (c) Any District Attorney who becomes a member of the Retirement System created by this Act pursuant to subsections (a) and (b) of this Section: (1) Shall not be eligible to participate in the District Attorneys' Retirement Fund created pursuant to the Act creating the office of Solicitor General (now District Attorney) emeritus, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended; and (2) Shall not be eligible at any time after December 31, 1978, to be a member of the retirement system created by an Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. 2314 JOURNAL OF THE HOUSE, Section 9. Prior service, (a) Any District Attorney subject to the provisions of sub section (b) of Section 8 of this Act who becomes a member of the Retirement System shall receive creditable service under this Act for all service as a District Attorney rendered prior to January 1, 1979, which has been credited to him under the Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended. The board of trustees of the retirement system created by the aforesaid Act shall certify to the Board the amount of such prior service for each such Dis trict Attorney as of December 31, 1978, and such prior service shall become creditable ser vice under this Act as of January 1, 1979. All employer and employee contributions, plus earnings thereon, made to the Trial Judges and Solicitors Retirement Fund pursuant to the aforesaid Act by or on behalf of such District Attorneys becoming members of the Retirement System are hereby transferred to the District Attorneys' Retirement Fund cre ated by this Act as of January 1, 1979. Such employer and employee contributions trans ferred as herein provided mean only those employer and employee contributions made for membership service as a District Attorney under said Trial Judges and Solicitors Retire ment Fund Act. (b) Any District Attorney subject to the provisions of subsection (b) of Section 8 of this Act who becomes a member of the Retirement System may receive creditable service under this Act for service as a solicitor of a State Court which was rendered while a member of the Trial Judges and Solicitors Retirement Fund created by the Act approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, pursuant to the following require ments: (1) For each two years of prior service as a solicitor of a State Court while a member of the Trial Judges and Solicitors Retirement Fund, one year of creditable service may be obtained under this Act up to a maximum of four years of creditable service; and (2) For each year of creditable service obtained under this Act, the employer and employee contributions, plus earnings thereon, for two years which were made to the Trial Judges and Solicitors Retirement Fund for such service as a solicitor of a State Court shall be transferred to the District Attorneys' Retirement Fund created by this Act. Creditable service under this Act may be obtained for any amount of prior service as a solicitor of a State Court, subject to the maximum provided in paragraph (1) above, while a member of the Trial Judges and Solicitors Retirement Fund, but for less than two years' prior service as a solicitor of a State Court or for parts of a year, the ratio of actual prior service for creditable service and the ratio of employer and employee contributions, plus earnings thereon, necessary for such creditable service shall be as established by para graphs (1) and (2) above. Any member of the Retirement System wishing to obtain creditable service under this Act pursuant to this subsection must notify the Board, in writing, within 90 days after becoming a member of the Retirement System. At the time such notification is made, the member claiming such prior service shall certify such prior service and upon such verifica tion as the Board may require and upon the transfer of employer and employee contribu tions, plus earnings thereon, as hereinafter provided, the Board shall enter the creditable service on the member's records. Any member failing to notify the Board within the time limitation provided herein shall not at any time thereafter be eligible to receive creditable service pursuant to this subsection. The board of trustees of the Trial Judges and Solicitors Retirement Fund shall trans fer to the Board the employer and employee contributions, plus earnings thereon, required by paragraph (2) above for any creditable service obtained pursuant to this subsection. Section 10. Contributions, (a) The basis for employee contributions to the Fund cre ated by this Act shall be the salaries from State funds provided by law for District Attor neys. The Department of Administrative Services is hereby authorized and directed to deduct monthly from the salary of each District Attorney who is a member of the Retire ment System seven and one-half percent of such salary to cover the employee contribu tions to the Fund created by this Act. The Department of Administrative Services is also THURSDAY, MARCH 2, 1978 2315 authorized to make an additional deduction from such salaries to cover any employee tax for Social Security coverage that may now or hereafter be required for such coverage. (b) The Department of Administrative Services is hereby authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the State, any employer contribution for Social Security coverage that may now or hereafter be required for the members of the Retirement System. From funds appropri ated or otherwise available for the operation of superior courts, the Department of Admin istrative Services is also authorized and directed to pay into the Retirement Fund created by this Act employer contributions, including contributions to fund any creditable service authorized by this Act, which, together with employee contributions and the earnings of the Fund, shall be an amount sufficient to fund the service and disability retirement bene fits provided for by this Act. (c) The deductions from State salaries payable to District Attorneys who are mem bers of this Retirement System shall be made notwithstanding that the salaries fixed by law for such District Attorneys shall be reduced thereby. Such District Attorneys shall be deemed to consent and agree to the deductions made, and payment of the salary, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such District Attorneys during the period covered by such payment. Section 11. Service retirement, (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a monthly retirement benefit. Said monthly retirement benefit shall be an equal monthly installment of an annual retirement benefit computed on the basis of 3 percent of the member's average annual compensation multiplied by his total number of years of creditable service, not to exceed 22 years. After obtaining at least ten years of creditable service, a member who ceases to hold office as a District Attorney prior to reaching age 60 may begin receiving the monthly retirement benefit herein authorized upon reaching age 60, if he does not withdraw his contributions to the Retirement Fund. (b) After obtaining 22 years of creditable service, a member shall continue to make the employee contributions to the Retirement Fund, but the maximum retirement benefit shall be based on 22 years of creditable service. In the event a member continues in service after obtaining 22 years of creditable service, his "average annual compensation" for pur poses of computing his retirement benefit shall be computed as provided in subsection (h) of Section 2 of this Act. (c) A member may retire under this Section by making written application therefor to the Board setting forth at what time, not less than 30 nor more than 90 days subse quent to the filing of such application, he desires to be retired. (d) Any District Attorney who retires under this Act, while receiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this State for which compensation is paid. Any such District Attorney, while receiving a retirement or disability benefit under this Act, shall not engage in the private practice of criminal law. Section 12. Disability retirement, (a) After obtaining a minimum of ten years of creditable service, any member, regardless of his age, who shall become totally and perma nently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit. The monthly disability retirement benefit shall be calculated in the same manner as a service retirement benefit under sub section (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (a) of Section 11 of this Act after 22 years' creditable service. (b) After obtaining a minimum of four years of creditable service, any member, regardless of age, who shall become totally and permanently disabled as a result of an act of external violence incurred in or as a result of the performance of the member's official duties, to the extent that the member is unable to perform the duties of his office, shall be entitled to receive a disability retirement benefit. The monthly disability retirement 2316 JOURNAL OF THE HOUSE, benefit shall be calculated in the same manner as a service retirement benefit under sub section (a) of Section 11 of this Act, except that such disabled member shall be entitled to receive a minimum disability retirement benefit which shall be equal to one-half of the maximum retirement benefit provided by subsection (a) of Section 11 of this Act after 22 years' creditable service. (c) The disability of any member applying for disability retirement benefits and the continuation of such disability shall be determined by the Board in the same manner and under the same procedure as disability of State employees is determined in accordance with the applicable provisions of the Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as now or hereafter amended. Disability retirement benefits shall become payable within 30 days after such disability is determined by the Board as herein provided. Section 13. Spouses' benefits, (a) Except as otherwise provided by subsection (d) of this Section, each District Attorney who is a member of the Retirement System shall pay an employee contribution, in addition to the employee contribution required by subsection (a) of Section 10 of this Act, of two and one-half percent of the State salary paid to such District Attorney for spouses' benefits as provided hereinafter. The Department of Admin istrative Services shall be authorized to deduct monthly the employee contributions required herein for spouses' benefits. (b) If a member subject to this Section, who has attained a minimum of ten years of creditable service, dies, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of his death, if retired at such time, or which would have been payable to the member had he retired as of the date of his death, except as provided in subsection (c) of this Section. (c) If a member subject to this Section who has attained a minimum of ten years' creditable service dies as a result of an act of external violence or injuries incurred in or as a result of the performance of the member's official duties, the surviving spouse of such member shall be entitled to receive for life or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which would have been payable to the member had the member lived and retired at age 60. (d) A member of the Retirement System shall have the right to reject the spouses' benefits provided by this Section by notifying the Board, in writing, of such rejection on a form to be supplied by the Board. Any District Attorney becoming a member of this Retirement System pursuant to subsection (b) of Section 8 of this Act who wishes to reject such benefits shall notify the Board of such rejection by not later than January 1, 1979. Any District Attorney wishing to reject such benefits who becomes a member of the Retirement System created by this Act after January 1, 1979, shall notify the Board of such rejection within 60 days after becoming a member of the Retirement System. (e) Any member of the Retirement System who rejects spouses' benefits coverage, or who ceases such coverage pursuant to subsection (f) of this Section, because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married, shall have the option to elect spouses' benefits within 60 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years in order for such member's spouse to qualify for the spouses' benefits provided for by this Section. (f) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Section may cease making the employee contributions for spouses' benefits required herein. Such member shall notify the Board of Trustees in writing to cease deducting such employee contribu tions within 60 days after the date of the death of the spouse or after the date the member ceases to be married, and upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions as provided herein, there shall be no return of such contributions previously made by such member. (g) Should there not be a surviving spouse of a member covered by this Section, the amount of accumulated contributions made by such member, with interest thereon at the THURSDAY, MARCH 2, 1978 2317 rate of four percent per annum, shall be paid to the living person, if any, nominated by written designation of the member duly executed and filed with the Board of Trustees, otherwise to the member's estate. (h) It shall be the duty of the Board to notify District Attorneys who are subject to the provisions of this Act of the requirements of this Section. Section 14. Withdrawal or return of contributions, (a) If a member ceases to hold office as a District Attorney or if his membership in the Retirement System is terminated, he may withdraw the total sum, with interest, at the rate of four percent per annum, which he has paid into the Fund, but he shall not be eligible at any time after such with drawal to become a member of the Retirement System, unless such member shall at a later date hold office as a District Attorney and is otherwise eligible for membership in the Retirement System, in which event he shall be reinstated into the Retirement System in the same manner as if he had never before been a member of the Retirement System. Any such reinstated member shall have the privilege of reestablishing any prior creditable service by making reimbursement of the amount withdrawn from the Fund plus interest at the rate of four percent per annum. (b) If a member not covered by spouses' benefits under Section 13 of this Act should die before retirement, the total sum, with interest at the rate of four percent per annum, which he has paid into the Fund shall be paid to his surviving spouse, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the Board, otherwise to the member's estate. (c) From time to time, whenever any member of this Retirement System terminates his membership herein prior to acquiring a vested right to any retirement benefits, and withdraws his total contributions, plus interest, from the Fund, the following shall occur: (1) The employer's contributions paid to the Board on behalf of such withdrawing member shall continue to be held within the Fund and shall not be returned to the employer; and (2) The employer's contributions paid to the Board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions, and shall not be used or applied to increase retirement benefits to other members of the Retirement System. Section 15. Tax exemptions. The right to a retirement benefit, to the returns of con tributions, any optional benefit or any other right accrued or accruing to any person under the provisions of this Act and the moneys in the Fund created by this Act are hereby exempt from any State, county, or municipal tax, and exempt from levy and sale, garnish ment, attachment, or any other process whatsoever, and shall be unassignable except as otherwise specifically provided in this Act. Section 16. Legal advisor. The State Attorney General shall be the legal advisor of the Board of Trustees. Section 17. False statements. Any person who shall knowingly make any false state ments or shall falsify or permit to be falsified any record or records of the System in any attempt to defraud the System as a result of such an act shall be guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the Fund more or less than he would have been entitled to receive had the records been correct, the Board shall have the power to correct such error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. Section 18. Expenses. To pay the administrative expense of the Fund, upon the receipt of a request from the Board on or after July 1, 1978, and each year thereafter, the Fiscal Division of the Department of Administrative Services is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the 2318 JOURNAL OF THE HOUSE, superior courts of the State, into the Fund an amount equivalent to the actual expenses incurred by the Board in the administration of said Fund as reflected by the State Audi tor's Report for the previous fiscal year. The Board shall estimate such actual costs for the fiscal year beginning July 1, 1978, and ending June 30, 1979, and the Fiscal Division of the Department of Administrative Services shall be authorized to pay such costs for such fiscal year based on such estimate. Section 19. Rules and regulations. The Board is hereby authorized and directed to adopt rules and regulations to carry out the provisions of this Act and to distribute the same to the District Attorneys of this State. PART II Section 20. An Act known as the "Trial Judges and Solicitors Retirement Fund Act", approved March 11, 1968 (Ga. Laws 1968, p. 259), as amended, is hereby amended by striking subsection (c) of Section 8 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) Any District Attorney who is otherwise subject to membership in the Trial Judges and Solicitors Retirement Fund pursuant to subsections (a) and (b) of this Section shall not be a member of said Fund if such District Attorney becomes a member of the District Attorneys' Retirement System pursuant to subsection (b) of Section 8 of the Act known as the "District Attorneys' Retirement Act". The membership in the Trial Judges and Solicitors Retirement Fund of any such District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid shall terminate effec tive January 1, 1979. Any employee contributions to the Trial Judges and Solicitors Retirement Fund credited to the account of any District Attorney becoming a member of said District Attorneys' Retirement System as aforesaid, which are not transferred to the Fund created by said District Attorneys' Retirement Act pursuant to Section 9 thereof, may be withdrawn by such District Attorney pursuant to Section 22 of this Act as if such District Attorney had ceased to hold a position or office covered by the Trial Judges and Solicitors Retirement Fund. Any District Attorney taking office on or after January 1, 1979, shall not be a member of the Trial Judges and Solicitors Retirement Fund created by this Act." Section 21. Said Act is further amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows: "Section 27. To pay the administrative expense of the Fund, upon the receipt annu ally of a request from the Board of Trustees en or after the effective date ef this Ac% and each yea* thereafter, the Fiscal Division of the Department of Administrative Ser vices is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the superior courts of the State, into the Fund an amount equivalent te two percent (2%) ef the compensation paid from State funds te the dis trict attorneys ef the superior courts ef Georgia for personal acrvicco rendered by- them as reflected by the State Auditor's Report for the previous fiscal yea*r sufficient to pay such administrative expenses as certified by said Board of Trustees to said Fiscal Divi sion." PART HI Section 22. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by adding at the end of Section 3 a new subsection (17) to read as follows: "(17) Each assistant district attorney and each employee of the Prosecuting Attorneys' Council, hereinafter collectively referred to as employee or employees, employed on June 30, 1978, may become a member of the Employees' Retirement System created by this Act at the option of each such employee. Any such employee electing to become a member of the Employees' Retirement System shall notify the board of trustees of such election by not later than October 1, 1978. Any such employee failing to notify the board of trustees by such date shall not at any time thereafter be eligible for membership in THURSDAY, MARCH 2, 1978 2319 the Employees' Retirement System. Any person becoming an employee on or after July 1, 1978, shall become a member of the Employees' Retirement System as a condition of his employment, unless such employee is eligible for membership in any other pub licly supported retirement or pension system or fund under which retirement benefits are based wholly or partially on the compensation of such employee paid from State funds. If such employee is eligible for membership in any such other publicly supported retirement or pension system or fund, such employee may elect to become a member of the Employees' Retirement System in lieu of membership in such other publicly sup ported system or fund. Any such employee so electing shall notify the board of trustees of such election within 90 days after becoming employed. Any such employee failing to notify the board of trustees within such time limitation shall not at any time thereafter be eligible for membership in the Employees' Retirement System. The basis for employee and employer contributions for such employees becoming members of the Employees' Retirement System as provided herein shall be the State salary paid to such employees in their respective positions of employment. All employer contributions required by this Act for such members shall be paid from funds appropriated or other wise made available for the operation of the superior courts. The Director of the Fiscal Division of the Department of Administrative Services shall deduct from the State sal aries payable to such members in their respective positions the employee contributions required by this Act. As used herein 'assistant district attorneys' means assistant district attorneys who are compensated from State funds pursuant to Code Section 24-2919, and 'Prosecuting Attorneys' Council' means the Prosecuting Attorneys' Council created by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1623), as now or hereafter amended." Section 23. Said Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is further amended by adding at the end of Section 4 a new subsection (19) to read as follows: "(19) Any member subject to the provisions of subsection (17) of Section 3 of this Act may receive creditable service under this Act for prior service as an assistant district attorney or as an employee of the Prosecuting Attorneys' Council by the payment to the Board of Trustees of the employee contributions which would have been paid by such member at the time the prior service was rendered as if such members had been mem bers of the Employees' Retirement System at the time such prior service was rendered. As used herein, 'prior service as an assistant district attorney' shall include service rendered in that position pursuant to an Act authorizing Assistant District Attorneys in certain judicial circuits, approved March 24, 1970 (Ga. Laws 1970, p. 716), as amended, notwithstanding the fact that said Act was repealed by an Act amending Code Chapter 24-29, relating to District Attorneys, to revise and bring up to date said Code Chapter by codifying certain Acts of the General Assembly, approved April 6, 1977 (Ga. Laws 1977, p. 1257). The basis for employee contributions to obtain creditable service hereunder shall be the State salary paid to the members claiming such prior service at the time the service was rendered." PART IV Section 24. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 25. Effective dates, (a) Part I of this Act shall become effective for adminis trative purposes and for the purposes of exercising options and providing notices as pro vided in said Part I on July 1, 1978. Part I shall be effective for all purposes on January 1, 1979. 2320 JOURNAL OF THE HOUSE, (b) Part II of this Act shall be effective for administrative purposes on July 1, 1978, and for all purposes on January 1, 1979. (c) Part III of this Act shall be effective for all purposes on July 1, 1978. Section 26. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Murphy of the 18th moves to amend the Committee substitute to S. B. 140 as follows: By adding following the word "expenses" on line 10 of page 1 the following: "; to amend an Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, so as to provide for minimum retirement benefits and salaries for certain district attorneys emeritus". By striking from line 22 of page 22 the following: "PART IV", and inserting in lieu thereof the following: "PART V". By inserting between lines 21 and 22 of page 22 the following: "PART IV Section 24. An Act creating the office of district attorney emeritus and creating a retirement fund, approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, is hereby amended by adding at the end of Section 4, the following: 'Any other provision of this Section to the contrary notwithstanding, the annual salary to be paid to any district attorney emeritus who assumed office as district attorney emeritus on or before January 31, 1978, on full retirement shall be $14,000.00 per annum to be paid in equal monthly installments by the State of Georgia.', so that when so amended Section 4 shall read as follows: 'Section 4. A district attorney emeritus shall receive from the State of Georgia an annual salary to be paid in monthly installments equal to one-half of the State salary of such district attorney for the calendar year immediately prior to his retirement as an active district attorney and immediately prior to his resignation from said office. In the event that any district attorney shall become eligible for appointment or shall have actually been appointed district attorney emeritus and while so eligible for appointment or holding such an appointment shall be elected or appointed to and shall qualify for an office of profit or trust under the Constitution of the United States or of the Constitution of Georgia, his right to appointment as district attorney emeritus or to continue to hold such an appointment and to draw the salary fixed therefor under said Act shall be suspended during the period of time that he shall hold such office, provided that upon ceasing to hold such office he shall then be enti tled to appointment as district attorney emeritus under this Act or to reappointment to said office with all the obligations, rights and duties herein prescribed, his compen sation as district attorney emeritus in such event to be the same amount received by him as district attorney emeritus at the time of his election or appointment and quali fication to the office under the Constitution of the United States or of the State of Georgia, or, if not holding an appointment as district attorney emeritus then, one-half of the amount of State compensation received by him as district attorney for the cal- THURSDAY, MARCH 2, 1978 2321 endar year immediately prior to his election or appointment to and qualification for said office under the Constitution of the United States or the State of Georgia, the purpose of this provision being to permit any district attorney who may have been appointed district attorney emeritus under this Act or who may be eligible for appointment as district attorney emeritus to accept some other office of profit or trust under the Constitution of the United States or of the State of Georgia without affect ing his then existing rights under this Act except to suspend the right to hold said office and receive the salary provided therefor while holding such other office. During the time that such district attorney is holding another office under the Constitution of the United States or of the State of Georgia as herein provided, he shall not be required to make any payments in and to the District Attorneys Retirement Fund of Georgia. Any other provision of this Section to the contrary notwithstanding, the annual salary to be paid to any district attorney emeritus who assumed office as dis trict attorney emeritus on or before January 31, 1978, on full retirement shall be $14,000.00 per annum to be paid in ual monthly installments by the State of Georgia.'" By adding following line 12 of page 23 an appropriately numbered subsection to read as follows: "Part IV of this Act shall become effective on July 1, 1978." By appropriately renumbering the Sections beginning with the Section which begins on line 23 of page 22. The following amendment was read: Representative Davis of the 99th moves to amend the Committee substitute to SB 140 by adding a new subparagraph (d) to Section 25, page 23 to read as follows: "(d) Any person receiving benefits under this section shall not be employed by any other governmental agency in this State.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin Y Andereon, W. N Argo, B. Y Auten, D. N Balkcom, R. Bargeron, E. N Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. N Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. N Castleberry, D. Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. N Connell, J. N Cooper, B. Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Ham, B. N Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. N Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. N Lambert, Roy Y Lane, Dick Lane, W.J. Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. N Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. N Marcus, S.J. N Matthews, D.R. McCoUum, H. N McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. N Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. N Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. N Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Scott, D. 2322 JOURNAL OF THE HOUSE, Y Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. N Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. N Twiggs, R. N Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. On the adoption of the amendment, the ayes were 97, nays 42. The amendment was adopted. Williams, H.L. Y Williams, R. Y Williamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representative Lane of the 40th moves to amend the Committee substitute to SB 140 by inserting on page 11, line 17 the number "2" for the number "3" after the words "basis of. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. Auten, D. N Balkcom, R. Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. N Butler, D. N Canty, H. N Carlisle, J. N Cames, C. Carrell, B. N Cason, G. N Castlebeny, D. Chance, G. N Childere, E.M. N Childs, P. N Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N CoUim, M. N Colwell, C.H. N Connell, J. N Cooper, B. Y Coi, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. Davis, B. N Dean, D.C. Dent, R.A. N Deveaui, C. Dixon, H.D. Dover, Bill Y Edwards, W. Y Elliot*, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. N Greene, J. Greer, J.W. N Ham, B. N Hamilton, G. N Manner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. N Housley, E. Hudson, Ted N Hutchinson, R.S. Irvin, J. Ylrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. Johnson, W.Rud. N Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick N Lane, W.J. Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. N Logan, H. Long, W.K. N Looper, M. N Lord, J. N Lucas, D.E. N Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. N McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. N Nichols, M. Nix, K. N Noble, Bill Oldham, L. Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. N Roes, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 16, nays 129. The amendment was lost. N Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. N Snow, Wayne,Jr. Steinberg, C. N Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. N Triplett, Tom N Truluck, R. Tucker, R.M. N Tuten, 3. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The following amendments were read and adopted: Representative Culpepper of the 98th moves to amend the House Retirement Commit tee Substitute to S. B. 140 as follows: By striking from lines 10 through 14 of page 1 the following: THURSDAY, MARCH 2, 1978 2323 "to amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, so as to change the provisions relative to membership and to provide for certain creditable service;". By striking PART III on line 3 of page 20 through line 21 of page 22 in its entirety. By striking lines 11 and 12 of page 23 in their entirety. By appropriately redesignating and renumbering the Parts and Sections following line 2 of page 20 and all cross-references thereto. Representatives Mostiler of the 71st and Carlisle of the 71st move to amend the Com mittee substitute to SB 140 as follows: By inserting following the word "expenses" on line 10 of page 1 the following: "; to provide for the withdrawal of funds paid into the Fund by the employee and likewise a withdrawal of funds paid into the Fund by the employer for prior service upon a member ceasing to hold a position or office covered by the Fund". By inserting in PART II between lines 2 and 3 of page 20 the following: "Section 22. Said Act is further amended by adding a new paragraph immediately following Section 16(c) as follows: 'Likewise, a member may withdraw the total sum with interest which has been paid into the Fund by the employer for prior service of such member.' Section 23. Said Act is further amended by adding a new paragraph at the end of Section 22 as follows: 'Likewise, a member may withdraw the total sum with interest which has been paid into the Fund by the employer for prior service of such member.'" By renumbering the existing Sections 22 through 26 appropriately. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. CarreU, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. 2324 JOURNAL OF THE HOUSE, Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Burton of the 47th stated that he had inadvertently voted "aye" on the passage of SB 140, by substitute, as amended, but intended to vote "nay" thereon. SB 522. By: Senator Howard of the 42nd: A BILL to amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions, and political subdivi sions; to provide for the appointment of directors of health districts; to author ize contracts for multicounty services; to provide for severability; to provide for an effective date; and for other purposes. The following amendment was read: Representative Phillips of the 91st moves to amend SB 522 by inserting on page 2, line 22 the word "appoint" following the word "to"; And by striking on lines 22 and 23 the following: "approve the selection"; And by striking on line 23 the following: "appointed by the Commissioner". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. N Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. N Butler, D. N Canty, H. Carlisle, J. Y Games, C. Carrell, B. N Cason, G. Y Castleberry, D. N Chance, G. N Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. N Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. N Davis, B. N Dean, D.C. Dent, R.A. N Deveaui, C. Diion, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. N Gignilliat, A. Glanton, Tom N Glover, M. Greene, J. Greer, J.W. Y Ham, B. N Hamilton, G. Y Hanner, B. N Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. Jessup, Ben Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Lee, WJ.(Bill) Lenderman, M. Linder, J. THURSDAY, MARCH 2, 1978 2325 Y Logan, H. Long, W.K. N Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. N Noble, Bill Oldham, L. Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. N Rowland, J.R. Y Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. N Scott, D. Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. N Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. N Vaughn, C.R. Y Veazey, M. On the adoption of the amendment, the ayes were 84, nays 54. The amendment was adopted. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Wnitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefleld, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GigniUiat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 591. By: Senator Kennedy of the 4th: A BILL to amend Code Title 50, relating to habeas corpus, so as to provide for a habeas corpus clerk in certam judicial cir- 2326 JOURNAL OF THE HOUSE, cuits of this State; to provide for supplies and equipment; to provide for reim bursement to counties for certain expenses incurred for writs of habeas corpus sued out in the superior courts of said counties and for other purposes. The following amendment was read: The House Committee on Judiciary moves to amend S. B. No. 591 as follows: By striking from pages 4 and 5 subsection (f) and substituting in lieu thereof a new subsection (f) to read as follows: "(f) Except as hereinafter provided, each county of this State shall be reimbursed from State funds for court costs, both at the trial level and in any appellate court, for each writ of habeas corpus sued out in the superior court of each such county by indigent petitioners if the granting of the writ is denied or in which the court costs are cast upon the respondent, but such reimbursement shall not exceed $10,000.00 per annum total for each county. By not later than September 1 of each calendar year, the governing authority of each county shall send a certified list to the Director of the Fiscal Division of the Department of Administrative Services of each writ of habeas corpus sued out in the superior court of such county during the 12 month period immediately preceding July 1 of that calendar year by indigent petitioners if the granting of the writ is denied or in which the court costs are cast upon the respond ent, and such list shall include the court costs, both at the trial level and in any appellate court, for each such writ of habeas corpus. By not later than December 15, of each calendar year, said Director shall pay to the county, from funds appropriated or otherwise made available for the operation of the superior courts, the reimburse ment as set forth in such certified list, subject to the maximum reimbursement pro vided for above. The list sent to said Director as provided herein shall be certified as correct by the governing authority of the county and by the judge of the superior court of the county. The Director of the Fiscal Division of the Department of Admin istrative Services is hereby authorized to devise and make available to the counties such forms as may be reasonably necessary to carry out the provisions of this subsec tion and to establish such procedures as may be reasonably necessary for such pur poses. The first reimbursement provided for herein shall be made during calendar year 1979 based on those writs of habeas corpus which qualify under this subsection and are sued out in the superior courts during calendar year 1978 and the first six months of 1979. The counties comprising the judicial circuit of any judicial circuit defined by paragraph (2) of subsection (a) of this Code Section shall not be eligible for the reim bursement provided for in this subsection." The following amendment was read and adopted: Representative Jones of the 78th moves to amend the Committee amendment to SB 591 by striking on line 15, page 1 after the word "the" the words "governing authority" and inserting in lieu thereof the words "clerk of superior court". The Committee amendment, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvm Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. THURSDAY, MARCH 2, 1978 2327 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Castlebcrry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Celling, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 468. By: Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others: A BILL to amend Code Chapter 56-24, relating to the insurance con tract in general, so as to provide for forms; to provide for notification prior to certain actions by insurers; to provide for time of notice, delivery or mailing and retention of notice, and contents thereof; and for other purposes. The following Committee substitute was read: A BILL To amend Code Chapter 56-24, relating to the insurance contract in general, so as to require notice prior to cancellation or nonrenewal of certain standard fire policies; to pro vide definitions; to provide for notification prior to certain actions by insurers; to provide additional authority for the Insurance Commissioner relative to cancellations and nonrenewals by insurers; to provide immunity from liability; to provide for all other mat ters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 56-24, relating to the insurance contract in general, is hereby amended by adding immediately following Code Section 56-2430.2 a new Code Section, to read as follows: "56-2430.3. Notification of cancellation and nonrenewal.--(a) The provisions of this Section shall apply only to policies of insurance against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies insur ing natural persons as the named insured. 2328 JOURNAL OF THE HOUSE, (b) As used in this Section: (1) 'Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy, or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term, or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Section. Provided further, that for the purposes of this Section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a failure to renew. (2) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property, and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner. (3) 'NonrenewaT or 'nonrenewed' means failure or refusal by an insurer to renew. (c) Cancellation by an insurer of a policy shall not be effective unless notice is pro vided to the insured as required by Code Section 56-2430. (d) Nonrenewal shall not be effective unless written notice is provided to the insured stating the date the nonrenewal will be effective, which effective date shall be not less than thirty days after the date of notice, except with respect to policies insuring indus trial and commercial concerns, in which case such effective date shall not be less than fifteen days after the date of notice, and except with respect to the nonpayment of pre mium for the expiring policy or the failure of the insured to pay the premium as required by the insurer for renewal, in either of which case such effective date shall not be less than ten days after the date of notice. (e) The notice required under subsections (b) and (c) of this Section may be deliv ered in person by depositing such notice in the United States mails to be dispatched by at least first class mail to the last address of record of the insured and receiving therefor the receipt provided by the United States Postal Service. (f) The notice referred to or required under subsections (b) and (c) of this Section shall contain a statement that upon written request of the named insured, mailed or delivered to the insurer not more than sixty days from the effective date of the cancella tion or nonrenewal, the insurer will specify the reason or reasons for such cancellation or nonrenewal, which reason shall be in language sufficiently clear and specific so that a person of average intelligence can identify the basis for the insurer's decision without further inquiry. Such specific reason or reasons shall be mailed or delivered to the named insured within ten days after receipt of such request. (g) When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy, the insurer shall notify the named insured of his possible eligibility for insurance through the Georgia Fair Plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, or not to continue the policy, and shall state that such notice avail ability of the Georgia Fair Plan is given pursuant to this Section. Included in such notice shall be the address by which the Georgia Fair Plan might be contacted in order to determine eligibility. (h) There shall be no liability on the part of and no cause of action of any nature shall arise against the Comptroller General or his employees, or against any insurer, its authorized representatives, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them and any written notice of cancellation or nonrenewal, or in any other communication, oral or written specifying the reasons for can cellation or nonrenewal, or the providing of information pertaining thereto, or for THURSDAY, MARCH 2, 1978 2329 statements made or evidence submitted at any formal or informal hearing conducted in connection therewith." Section 2. This Act shall become effective January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Representatives Marcus of the 26th, Hatcher of the 131st, Bolster of the 30th, and others move to amend the Committee substitute to SB 468 by changing on line 21, page 3 the word "insurer" to "insured". Representatives Marcus of the 26th, Hatcher of the 131st, Bolster of the 30th, and others move to amend the Committee substitute to SB 468 by inserting on line 12, page 3 the word "or" between the words "persons" and "by". Representative Deveaux of the 28th moves to amend the Committee substitute to SB 468 as follows: On lines 11 and 19 on page 3 change "b" to "c". On lines 12 and 19 on page 3 change "c" to "d". Representatives Deveaux of the 28th, Bolster of the 30th, Marcus of the 26th, and Holmes of the 39th move to amend the Committee substitute to SB 468 by adding on page 3 at the end of line 30 the following: "Such notice may be accompanied by a tender of any unearned premium paid by the insured calculated on a pro rata basis, but if not accompanying such notice, such tender shall be made no later than 30 days after such notice is delivered in person or mailed, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable." Representatives Hatcher of the 131st, Bolster of the 30th, Marcus of the 26th, Deveaux of the 28th, and Holmes of the 39th move to amend the Committee substitute to SB 468 as follows: Delete the words "that upon written request of the named insured" on lines 20 and 21 on page 3; place a period after the word "nonrenewal" on line 23, page 3. Delete the sentence "Such specific reason or reasons shall be mailed or delivered to the named insured within ten days after receipt of such request" on lines 28, 29, and 30 on page 3. Delete the word "may" on line 12 page 3 and replace it with the word "shall". An amendment, offered by Representative Auten of the 154th was read and ruled out of order. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: 2330 JOURNAL OF THE HOUSE, Y Adams, G. Y Adams, Marvin Anderson, W. N Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, 3. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. N Rainey, H. Y Ralston, E. Y Ramsey, T. 'i Randall, W.C. Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. N Twiggs, R. Y Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. v Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative Auten of the 154th gave notice that at the proper time he would that the House reconsider its action in giving the requisite constitutional majority to SB 468, by substitute, as amended. SR 237. By: Senator Foster of the 50th: A RESOLUTION authorizing the State Properties Commission to enter into boundary line settlement agreements, for and on behalf of the Department of Agriculture, with property owners adjacent to the State Farmers Market in Dillard, Georgia; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connel!, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. THURSDAY, MARCH 2, 1978 2331 Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Houslcy, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 544. By: Senator Kidd ofthe 25th: A BILL to be entitled an Act to amend Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, so as to provide for the designation of additional registration places and the requriements connected therewith; to provide for an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargcron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck. T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y DaTM, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignilUat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. 2332 JOURNAL OF THE HOUSE, Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative McKinney of the 35th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 544. SB 428. By: Senators Kidd of the 25th and Broun of the 46th: A BILL to amend Code Chapter 34-11, relating to ballots in elections, so as to provide for the election of unopposed candidates in special elections; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Title 34. relating to elections, so as to provide for the election of unopposed candidates in special elections; to provide for forms of official election ballots; to provide for forms of ballot labels on voting machines; to provide for an effective date; to provide for repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 34, relating to elections, as amended, is hereby amended by adding, following Code Section 34-1111, a new Code Section 34-1112, to read as follows: "34-1112. Unopposed candidates. Any other provision of law to the contrary notwith standing, in the event there is no opposed candidate, then no name shall appear on the special election ballot unless a write-in candidate has qualified as provided by law. Fur ther, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504." Section 2. Said Code Title is further amended by adding a new subsection at the end of Code Section 34-1208, relating to form of ballot labels on voting machines, to be designated subsection (j), to read as follows: "(j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate, then no name shall appear on the general election ballot labels unless a write-in candidate has qualified as provided by law. Further, if there are no opposed candidates, no eligible write-in candidates and no issues to be submitted to the electorate, no election shall be conducted. Each such unopposed candidate shall be deemed to have voted for himself. The superintendent shall certify such unopposed can didate as elected in the same manner as he certifies other candidates as elected pursuant to Section 34-1504." Section 3. The provisions of this Act shall become effective on January 1, 1979, only in the event an amendment to Article II, Section III, Paragraph III of the Constitution requiring write-in candidates in special elections to file notices of intention to candidacy is ratified at the 1978 general election. The provisions of this Act shall remain in effect only so long as such constitutional amendment remains in effect. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. THURSDAY, MARCH 2, 1978 2333 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 154, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Bray of the 70th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 428, by substitute. SR 233. By: Senators Kidd of the 25th and Broun of the 46th: A RESOLUTION Proposing an amendment to the Constitution so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such can didates are required to file notices of intention of candidacy in general elections; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section III, of the Constitution is hereby amended by striking Paragraph III in its entirety and substituting in lieu thereof a new Paragraph III to read as follows: 2334 JOURNAL OF THE HOUSE, "Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligi ble to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general or special election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general or special election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publi cation in the official organ of the same county; in a municipal general or special election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to require a notice of candidacy of write-in candidates in special elections?" ( ) NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such can didates are required to file notices of intention of candidacy in general elections; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article II, Section III, of the Constitution is hereby amended by striking Paragraph III in its entirety and substituting in lieu thereof a new Paragraph III to read as follows: "Paragraph III. Write-in Votes. No person elected on a write-in vote shall be eligi ble to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a State general or special election, to the Secretary of State and by publication in a paper of general circulation in the State; in a general or special election of county officers, to the Judge of the Probate Court of the county in which he is to be a candidate and by publi cation in the official organ of the same county; in a municipal general or special election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. In the event an amendment to the Constitution completely revising Article II is rati fied at the 1978 general election, the provisions of this Paragraph shall be repealed on June 30, 1979." THURSDAY, MARCH 2, 1978 2335 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to require a notice of candidacy of write-in candidates in special elections?" ( ) NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greet, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, H. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Wataon, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 150, nays 3. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. SR 290. By: Senator Broun of the 46th: A RESOLUTION requiring the creation of a plan for the development of services to troubled children and their families and crea tion of an interagency task force to coordinate and maximize services to such children; and for other purposes. 2336 JOURNAL OF THE HOUSE, The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. Y Lee, W.J.(BiU) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. PhUlips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 149, nays 2. The Resolution, having received the requisite constitutional majority, was adopted. SB 526. By: Senator Hudgins of the 15th: A BILL to amend Code Section 27-101, relating to rewards offered by the Governor for the arrest of felons, so as to increase the reward which may be offered by the Governor in capital felonies; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davi8, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. THURSDAY, MARCH 2, 1978 2337 Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott. A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 336. By: Senators Holloway of the 12th and Overby of the 49th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that a special commis sion shall be authorized to incorporate amendments into the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article XIII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows: "Amendments to the Constitution of 1976 which are ratified at the same time a revised article or articles of such Constitution are ratified shall be incorporated as pro vided in this paragraph. There is hereby created a commission to be composed of the President of the Senate, the Speaker of the House of Representatives, the Attorney Gen eral, the Secretary of State, the Legislative Counsel and the Executive Director of the Select Committee on Constitutional Revision. The commission is authorized and directed to incorporate such amendments into the Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to incorpo rate properly such amendments into this Constitution and shall complete its duties prior to the first day of the year following the ratification of any such article and any such amendments. The commission shall deliver to the Secretary of State the provisions of the Constitution containing the incorporated amendments, and such provisions shall become a part of this Constitution. In order that the commission may perform its duties, this paragraph shall become effective as soon as it has been officially determined that this amendment has been ratified." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that a special com mission shall be authorized to incorporate amendments into the Constitution?" 2338 JOURNAL OF THE HOUSE, All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 574. By: Senators Lester of the 23rd, Starr of the 44th and Duncan of the 30th: A BILL to amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974, so as to provide that the Governor may designate the State Advisory Council for Mental Health and Mental Retar dation as the State Alcoholism Advisory Council to satisfy the provisions of this Act in lieu of creating a distinct Alcoholism Advisory Council; and for other purposes. Representative Linder of the 44th moved that the House insist on its position in amending SB 574. THURSDAY, MARCH 2, 1978 2339 The motion prevailed. The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendment thereto: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), so as to change certain provi sions relative to refund of tax paid with respect to solar energy machines or equipment; to provide exceptions for sales of tangible personal property and services to orphans' homes; to exempt irrigation equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), is hereby amended by redesignating subparagraph (z) of paragraph (2) of subsection (c) of Section 3 thereof, as added by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), as subparagraph (aa), and by striking from the second sentence of the second unnumbered paragraph thereof the following: "To obtain the benefits hereof, the purchaser", and substituting in lieu thereof the following: "To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached", and by inserting after the words "authorized to refund", the words, "to that property owner", so that when so amended said subparagraph of paragraph 2 of subsection (c) of Section 3 shall read as follows: "{*Maa) Purchases of machines or equipment that will be attached to or become a part of agricultural, including animal and poultry husbandry operations, industrial, commercial or residential property and will be used directly in the conversion of solar energy for heating, or cooling, or drying, or water heating. For the purposes of this subparagraph, machines and equipment shall include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, or cooling, or drying, or water heating, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating, or cooling, or drying, or water heating. Notwithstanding the provisions of this subparagraph, any person making a sale for any of the purposes specified herein shall collect the tax imposed thereon by this Act and remit the same to the Commissioner. To obtain the benefits hereof, the purchaser owner of the property to which the machines OT equipment will be attached shall file a claim for refund with the Commissioner in the manner authorized by the general law, and, if the Commissioner determines that the requirements of this subparagraph have been met, he is hereby authorized to refund to that property owner, without interest thereon, such portion of the tax paid by the purchaser as the Commissioner 2340 JOURNAL OF THE HOUSE, finds to be due under the provisions of this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The State Revenue Commissioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of such machines or equipment is entitled to the refund. This subparagraph shall be repealed and shall be null and void effective July 1, 1986." Section 2. Said Act is further amended by adding a new subparagraph at the end of Section 3 (c) 2 to be designated subparagraph (cc) to read as follows: "(cc) Sales of tangible personal property and services to orphans' homes located in this State and operated as nonprofit corporations." Section 3. And to exempt irrigation equipment from the sales tax. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Johnson of the 74th moved that the House disagree to the Senate sub stitute to HB 1286. The motion prevailed. HB 1664. By: Representatives Jones of the 126th, and Colwell of the 4th: A BILL to amend an Act creating the "Georgia Ports Authority" so as to change the provi sions relating to the compensation of the members of the Authority; to provide an effective date; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1664 by adding on page 1, between lines 15 and 16, the following: "and inserting in lieu thereof the following: 'Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Authority during any one fiscal year.'" By adding on page 2, line 32, after the following: year. , the following: "Provided, however, such compensation shall be limited to one hundred fifty (150) days for the chairman and sixty (60) days for each of the other members of the Author ity during any one fiscal year." Representative Jones of the 126th moved that the House agree to the Senate amend ment to HB 1664. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. THURSDAY, MARCH 2, 1978 2341 Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Can-ell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplet!, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 134, nays 0. The motion prevailed. HB 1366. By: Representatives Harrison, Isakson and Nix of the 20th, and Cooper, Kaley and Wilson of the 19th: A BILL to amend Code Chapter 32-9, relating to county boards of education, so as to authorize county boards of education to expend educational funds for the purpose of providing uniforms for school maintenance or custodial personnel; to provide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 32-9, relating to county boards of education, as amended, so as to authorize county boards of education to expend educational funds for the purpose of providing uniforms for school maintenance, food service, or custodial personnel; to pro vide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 32-9, relating to county boards of education, as amended, is hereby amended by adding between Code Sections 32-942 and 32-943 a new Code Section to be designated Code Section 32-942.1 and to read as follows: "32-942.1. Certain expenditures authorized. The board of education of each county school system is hereby authorized to expend its educational funds for the pur pose of providing uniforms for its school maintenance, food service, or custodial per sonnel. Expenditures for such purposes shall be for educational purposes by facilitating the identification of school maintenance, food service, or custodial personnel to control unauthorized access to school campuses for the purpose of promoting the public health and safety of students." 2342 JOURNAL OF THE HOUSE, Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Harrison of the 20th moved that the House agree to the Senate substi tute to HB 1366. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 143, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1576. By: Representatives Irvin of the 10th, Colwell and Twiggs of the 4th, Jackson and Whitmire of the 9th, and Dover of the llth: A BILL to amend an Act known as the "Georgia Peace Officer Standards and Training Act" so as to change the provisions relative to exemptions from certification; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), so as to clarify the status of retired peace officers; to change the provisions relative to exemptions from certification; to define the term "retired peace offi- THURSDAY, MARCH 2, 1978 2343 cer"; to provide for the certification and registration of retired peace officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Peace Officer Standards and Training Act," approved March 10, 1970 (Ga. Laws 1970, p. 208), as amended, particularly by an Act approved March 6, 1976 (Ga. Laws 1976, p. 395), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 713), is hereby amended by adding at the end of Section 2 a new subsection to read as follows: "(i) 'Retired peace officer' means a retired law enforcement officer who, prior to his retirement from service with the State, a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in subsection (d) above, and whose powers of arrest have been retained as authorized by the law enforcement unit from which he retired. A 'retired peace officer' may be certified or registered upon voluntarily complying with certification or registration provisions of this Act." Section 2. Said Act is further amended by striking subsection (b) of Section 13, which reads as follows: "(b) Peace officers commencing full-time employment with the Department of Public Safety, counties, or municipalities after July 1, 1970, are required to comply with certifi cation provisions of this Chapter. Peace officers commencing full-time employment with the Department of Public Safety, counties or municipalities before July 1, 1970, and whose full-time employment continues on July 1, 1970, are exempt and are excused from compliance so long as said registration as provided for in subsection (e) of this section remains in effect.", in its entirety. Section 3. Said Act is further amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) Peace officers commencing any employment or service on any terms with the Department of Public Safety, counties, or municipalities, or the Georgia Bureau of Investigation, the Department of Natural Resources, the Department of Revenue Alcohol and Tobacco Tax Unit, the Secretary of State's investigative section or a railroad after July 1, 1975, are required to comply with the certification provisions of this Act. Peace officers commencing such employment or service prior to July 1, 1975, and whose employment continues on July 1, 1975, are exempt and excused from compliance with the certification provisions of this Act, except as hereinafter provided, so long as said registration as provided for in subsection (e) of this Section remains in effect. Nothing this subsection shall be deemed to grant an exemption to persons required to be ccrtifid by subacction fb} ef- this section. Any peace officer otherwise exempt from the certi fication provisions of this Act must meet the qualifications and requirements specified in subsections (b), (d), (e) and (h) of Section 8 of this Act." Section 4. Said Act is further amended by striking from subsection (e) of Section 13 the figure "1977" and inserting in lieu thereof the figure "1978", and by striking the word "Nothing" where it appears at the beginning of the last sentence of said subsection and inserting in lieu thereof the following: "Except as otherwise provided by subsection (c) of this Section, nothing", so that when so amended said subsection (e) shall read as follows: "(e) Peace officers exempt from the certification provisions of this Act are required to register with the Council by December 31, 1977 1978. Registration as an exempt peace officer shall remain in effect for the period of time said person is employed as a peace officer. Any registration granted in this Section shall not terminate upon a subsequent employment or appointment as a peace officer, provided subsequent employment or appointment as a peace officer is recognized by the Council to be substantially the same or similar to the employment or appointment by virtue of which said peace officer was exempted and registered as such, and further provided that such subsequent employ ment or appointment be commenced within 12 months of such prior termination as a 2344 JOURNAL OF THE HOUSE, peace officer. Nothing Except as otherwise provided by subsection (c) of this Section, nothing in this subsection shall be deemed to require any such exempt peace officer to comply with Section 8 and Section 9 of this Act for the period of time same registration shall remain in effect." Section 5. Said Act is further amended by redesignating subsections (c), (d), (e), (f) and (f) of Section 13 as subsections (b), (c), (d), (e) and (f), respectively. Section 6. Said Act is further amended by adding a new subsection (g) to Section 13 to read as follows: "(g) A retired peace officer, as defined in Section 2, shall be certified or registered upon complying with certification or registration provisions of this Act. Nothing in this subsection shall be deemed to grant an exemption to persons required to be certified or registered by this Act." Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Irvin of the 10th moved that the House agree to the Senate substitute to HB 1576. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, B.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveam, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Biil) Y Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 141, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating THURSDAY, MARCH 2, 1978 2345 to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. Representative Baugh of the 108th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1246 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Baugh of the 108th, Parham of the 109th, and Richardson of the 52nd. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1693. By: Representatives Knight of the 67th, Ross of the 76th, Felton of the 22nd, and Sizemore of the 136th: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act" so as to change the provisions relative to the allocation of special education leadership units; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 988), so as to change the provisions relative to the allocation of special education leadership units; to provide conditions for the effec tiveness of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974 (Ga. Laws 1974, p. 1045), as amended, particularly by an Act approved March 24, 1977 (Ga. Laws 1977, p. 988), is hereby amended by striking from paragraph (2) of subsection (d) of Section 21 the figure "40" and inserting in lieu thereof the figure "25", so that when so amended subsection (d) of Section 21 shall read as fol lows: "(d) The State Board of Education shall be authorized to fund professional per sonnel positions to local units of administration as follows: (1) preschool leadership positions on the basis of one to each 50 preschool instruc tional units; and (2) special education leadership positions on the basis of one to each 40 25 special education instructional units or major fraction thereof." Section 2. This Act shall become effective when funds are appropriated by the Gen eral Assembly or otherwise made available to carry out the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Knight of the 67th moved that the House agree to the Senate substi tute to HB 1693. 2346 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y ChUdere, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gtunmage, L. Y GignUliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 148, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Robinson, C. Y Rom. Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 555. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for the employment of classroom aides and paraprofessional; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain condi tions; and for other purposes. Representative Knight of the 67th moved that the House insist on its position in amending SB 555. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1046. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufac- THURSDAY, MARCH 2, 1978 2347 turers, distillers, or wholesalers under certain conditions; and for other pur poses. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1046 The Conference Committee on House Bill 1046 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute be adopted. Respectfully submitted, FOR THE SENATE: . ._ , TT ,, /s/Render Hill Senator, 29th District S_ teve Reynold, s Senator, 48th District FOR THE HOUSE OF REPRESENTATIVES: D/s/iCsthriacrtles L. Carnes Representative, 43rd /s/Henry P. Russell, Jr. Senator, 10th Dlstnct /s/Joe j Johnston Representative, 56th District /s/Tom Taggart Representative, 125th District A BILL To amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, so as to authorize the State Revenue Commissioner to issue refunds or credits for distilled spirits excise tax stamps purchased by manufacturers, distillers, or wholesalers under certain conditions; to provide for the reimbursement of any wholesaler bearing the cost of stamps for which a refund or credit is subsequently granted; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by striking subsection (f) of Section 11 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: "(f) The State Revenue Commissioner shall be authorized to issue refunds or credits for stamps purchased by a manufacturer, distiller, or wholesaler, under regulations promulgated by the Commissioner, when it can be shown to the Commissioner's satisfac tion that any of the following events have occurred: (1) Distilled spirits, ordered by the wholesaler, have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area, (2) Distilled spirits have been destroyed while in the possession of a Georgia wholesaler by an act of God, such as fire, flood, lightning, wind or other natural calamity, (3) Distilled spirits have been received by the wholesaler, which are unfit for con sumption upon receipt, and such distilled spirits are returned to the shipper or destroyed prior to any sale by the wholesaler in Georgia, or (4) Distilled spirits have been received by the wholesaler through an error in ship ment and such distilled spirits are returned to the shipper prior to any sale by the wholesaler in Georgia. It is further provided that any manufacturer, distiller, or wholesaler receiving a refund or credit for stamps purchased as provided herein, in every case where the cost of the stamps have been charged to or paid by a wholesaler, shall refund or credit to such wholesaler an amount equal to the credit or refund allowed by the Commissioner." 2348 JOURNAL OF THE HOUSE, Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Taggart of the 125th moved that the report of the Committee of Con ference on HB 1046 be adopted. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Caraes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Duran, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Horne, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 136, nays 1. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1232. By: Representatives Toles of the 16th, Murphy of the 18th, Oldham of the 14th, Gammage of the 17th and Childers of the 15th: A BILL to amend an Act known as the "Disabled Persons License Plates Act", approved April 13, 1973, so as to provide that certain deaf persons shall qualify for such license plates; to provide for other matters relative to the foregoing; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Disabled Persons License Plates Act", approved April 13, 1973 (Ga. Laws 1973, p. 576), so as to provide that certain deaf persons shall THURSDAY, MARCH 2, 1978 2349 qualify for such license plates; to amend Code Section 68-214, relating to the issuance and content of motor vehicle license plates, as amended, so as to provide the procedures where certain metal license plates may be used for longer periods of time than five years; to pro vide for a committee to provide for the content of and specifications for license plates; to provide the procedures connected therewith; to provide an effective date; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Disabled Persons License Plates Act", approved April 13, 1973 (Ga. Laws 1973, p. 576), is hereby amended by designating the present provisions of Section 2 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: "(b) A deaf person otherwise qualified under subsection (a) of this Section shall be eligible to have issued to him a specially designated disabled person's license plate in accordance with the provisions of this Act. As used herein, the words 'deaf person' shall have the same meaning as defined by Section 1 of the Act providing for the use of deaf sign language interpreters in certain administrative and judicial proceedings, approved March 21, 1974 (Ga. Laws 1974, p. 484), as now or hereafter amended, except that the words 'deaf person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 68B-217, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended." Section 2. Code Section 68-214, relating to the issuance and content of motor vehicle license plates, as amended, is hereby amended by striking in their entirety subsections (a), (b), (c), (d), (e) and (i) and substituting in lieu thereof new subsections (a), (b), (c), (d), (e) and (i), to read as follows: "68-214. Five Multi-year license plates; description; revalidation stickers; county stick ers; duplicates; special license plates; penalty, (a) Applications for the registration of vehicles required to be registered shall be made to the agent of the State Revenue Com missioner pursuant to the provisions of an Act approved March 9, 1955 (Acts 1955, p. 659), as amended. If the applicant meets the requirements set forth therein, the commis sioner shall assign to the vehicle a distinctive serial number and the applicant shall be furnished without further cost one metal license plate upon which there shall be impressed the serial number designated to such vehicle or, in lieu of such plate, the annual revalidation sticker hereinafter provided for. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number and either the full name or the abbreviation of the name of the State, designate the county from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters or combinations thereof as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize and other wise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every No more often than every five years, a new metal license plates shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates. The commissioner shall determine when replacement plates shall be issued when the condition of multi-year license plates shall require their replacement after the minimum five-year service period shall have expired. (c) The face ef the license pkrte~te be displayed shaH be treated completely with a fctrorcflcctivc material which win incrcaac the nighttimc visibility a4 legibility ef the ptete T-he Governor's coordinator of highway safety skaW prepare the specifications which 9eh rctforcflcctivc material shall meet. A committee to be composed of the Gov ernor, the Commissioner of the Department of Public Safety, the State Revenue Com- 2350 JOURNAL OF THE HOUSE, missioner, the Commissioner of the Department of Transportation, and the Governor's Highway Safety Coordinator is hereby charged with the duty and responsibility of pre paring the specifications for the content of and the materials which shall be used in and upon the motor vehicle license plates. The committee shall take into consideration in preparing such specifications considerations of economy, durability and safety. (d) In those years in which a multi-year metal plates is are not issued, a revalidation sticker with a distinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number upon which there shall be printed the name of the agent's county. The decal shall be of such design that for those owners who desire to do so, it may be affixed with facility to the numbered licensed plate in the space provided with out obscuring any number or other information required to be present on the plate. (i) The State Revenue Commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of $1, and upon preparation and filing of an appropriate application therefor, annual and five-year multi-year license 9 plates and tags may be transferred from one person to another. Said licenses aad tags plates shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired annual tag plate or expired five-year multi-year tag plate shall obtain a current year annual tag plate or a current year renewal decal as pro vided for by this Chapter." 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 hereby repealed. Representative Murphy of the 18th moved that the House disagree to the Senate sub stitute to HB 1232. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carries, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins. J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. THURSDAY, MARCH 2, 1978 2351 Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Wiffiamson, G Y Wilson, J.M. Y Wood J Y Wood J T Mr. Speaker On the motion, the ayes were 161, nays 0. The motion prevailed. HB 1304. By: Representative Taggart of the 125th: A BILL to provide that the Commis sioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; and for other purposes. The following Senate substitute was read: A BILL To provide that the Commissioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; to provide for the payment of local excise taxes; to provide for the collection of such taxes; to provide for all matters relative to the foregoing; to provide for an election to determine whether or not such sales shall be allowed; to provide that the governing authorities of the political subdivision concerned shall be authorized to conduct a special referendum election for the purpose of nullifying the previous elections at the expiration of two years from the date of the previous election; to provide for practices and procedures; to provide that the provisions of this Act are not severable; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Any provisions of the law to the contrary notwithstanding, the Commis sioner of Revenue is hereby authorized to issue alcoholic beverage licenses to bona fide pri vate clubs, as defined herein, in any county or municipality within the State, and to promulgate regulations he deems necessary for the proper enforcement of the provisions of this Act after the approval of such authority by an election as provided in Section 6 hereof. Such licenses shall authorize the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only. Section 2. The term "club" shall mean a nonprofit association organized and existing under the laws of the State of Georgia, which has been in existence for a period of at least one (1) year prior to the filing of its application for a license hereunder, which has at least seventy-five (75) members regularly paying dues, organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the net earnings of which inures to the benefit of any shareholder or member, and owning, hiring or leasing a build ing or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment, and maintaining and using a sufficient number of employees for cooking, preparing and serving meals for its members and guests; provided that no member or officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the sale of spirituous liquors, wines, champagnes or malt beverages beyond the amount of such salary as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club. For the purposes of this Section, tips which are added to the bills under club regulations shall not be considered as profits hereunder. Section 3. The license fees for a club, as herein defined, shall be the same fees as provided by law for the sale of alcoholic beverages in public licensed places of business, 2352 JOURNAL OF THE HOUSE, and in addition a prelicense investigation fee of one hundred dollars ($100.00) shall be required. Section 4. When any such license as herein provided is issued by the Commissioner of Revenue for the sale of distilled spirits by the drink, for consumption on the premises to a private club as herein defined, within the corporate limits of any municipality in this State, such municipalities are hereby authorized and directed to impose an excise tax, in addition to the excise taxes presently levied by the State of Georgia, in the sum of eighty cents ($.80) per wine gallon on spirituous liquors, excluding fortified wine and in the event such license is issued for such sales in the unincorporated areas of any county in this State, such counties are hereby authorized and directed to impose an excise tax in the same amount as herein provided for municipalities. Local excise taxes as herein provided shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits and the State Revenue Commissioner is hereby authorized to promulgate rules and regulations he deems necessary to carry out the provisions of this Section for the payment of such taxes. Such taxes shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction. An excise tax of not more than 3% may be imposed by municipalities or counties on the sale of mixed drinks where authoriza tion results from approval of this Act. Section 5. The Commissioner of Revenue is herewith authorized to promulgate such reasonable regulations as may be necessary and appropriate, consistent with this Act, to regulate the sale, possession and use of alcoholic beverages in private clubs in this State. Nothing herein shall be construed to limit the licensing and regulatory authority of any city or county of this State in which the sale of alcoholic beverages in public licensed places of business may be authorized as otherwise provided by law. In addition, any city or county is hereby authorized to license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of any such city or county. Section 6. Upon a petition signed by at least thirty-five percent (35%) of the regis tered voters of the political subdivision concerned, qualified to vote at the general election immediately preceding the presentation of the petition, being filed with the Judge of the Probate Court of any county, in the case of a county, or with the Mayor of any municipal ity, in the case of a municipality, such Judge of Probate Court or Mayor shall call a special election at least thirty (30) days prior to the date of such election and shall publish the notice of the call of the election in the official gazette of the county once a week for two weeks preceding the election. The purpose of said election provided for herein shall be to determine whether or not the sale of alcoholic beverages for beverage purposes by the drink, for consumption on the premises only, as herein provided shall be allowed. Such county election shall be held according to the rules and regulations governing special elec tions contained in Code Title 34, the Georgia Election Code, as amended, and may be held at the time of holding any other primary or election in said county. Any such municipal election shall be held according to the rules and regulations governing special elections contained in Code Title 34A, the Georgia Municipal Election Code, as amended, and may be held at the time of holding any other primary or election in said municipality. The returns of the election held hereunder shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns. The ballot in such election shall have written or printed thereon: "( ) YES Shall alcoholic beverages for beverage purposes by the drink, for con sumption on the premises only, be allowed in private clubs9 " ( ) NO Those desiring to vote in favor of the sale of alcoholic beverages in private clubs shall vote "Yes". Those desiring to vote against the sale of alcoholic beverages in private clubs shall vote "No". If at such election a majority of the votes cast shall be in favor of the sale of alcoholic beverages in private clubs, such sale shall be permitted in accordance with the provisions of this Act. If at such election a majority of the votes cast shall be against the sale of alcoholic beverages in private clubs, such sale in such political subdivision shall THURSDAY, MARCH 2, 1978 2353 be prohibited as is now provided by law. No election provided for herein shall be held within two years after the date of the declaration of the result of the previous election for such purpose under this Act. In any county or municipality which has at any time held an election in accordance with the provisions of this Act, resulting in the majority of the votes being cast in favor of the sale of alcoholic beverages in private clubs, the Judge of the Probate Court of such county or the Mayor of such municipality, upon a petition signed by at least thirty-five percent (35%) of the registered qualified voters of the polit ical subdivision concerned, shall proceed to call another election in the same manner as hereinbefore provided in this Section, for the purpose of nullifying the previous election: however, no such election shall be called or had within two years after the date of the dec laration of the result of the previous election had for such purpose under this Act. The local Governmental authority must approve any license within its jurisdiction before issue of such license. Section 7. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, the remainder of this Act shall be invalid and of no force and effect. The General Assembly hereby declares that it would not have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Taggart of the 125th moved that the House disagree to the Senate substitute to HB 1304. The motion prevailed. Representative Jessup of the 117th arose to a point of personal privilege and addressed the House. By unanimous consent, all House Bills and Resolutions and all amended or substi tuted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. During this day's proceedings the Speaker and Speaker Pro Tern alternated as presid ing officer, which would have precluded Representative Connell from voting while he was in the Chair. Representative Knight of the 67th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 2354 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Friday, March 3, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following members answered to their names: Adams, G. Adams, Marvin Andereon, W. Argo, B. Auten, D. Balkcom, R. Bargeron, E. Battle, Joe Baugh, W.E. Beck, J.M. Beckham, B. Benefield, J. Birdsong, K. Bishop, S. Bray, C.A. Buck, T.B. Burruss, A.L. Burton, J. Canty, H. Games, C. Canon, G. Castleberry, D. Chance, G. Childers, E.M. Childs, P. Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Council, J. Cooper, B. Coi, W.E. Culpepper, B. Daniel, G. Deveaui, C. Dover, Bill Edwards, W. Elliott, E.H. Evans, W.D. Foster, P.W. Foster, R.L. Galer, M. Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Greene, J. Ham, B. Hamilton, G. Manner, B. Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Housley, E. Hutchinson, R.S. Irvin, J. Irvin, R. Isakson, J. Jackson, J.D. Jessup, Ben Johnson, G. Johnson, P. Johnson, W.Rud. Jones, B. Jones, Herb Kaley, M. Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Roy Lane, Dick Lane, W.J. Lee, W.J.(Bill) Linder, J. Logan, H. Long, W.K. Looper, M. Lord, J. Mann, C.C. Marcus, S.J. Matthews, D.R. McCollum, H. McDonald, L. McKinney, J.E. Money, J. Mostiler, J.L. Mullinax, E.G. Murray, B. Nessmith, P.E. Nichols, M. Nix, K. Oldham, L. Owens, R.D. Parham, B.E. Patten, G.C. Patten, R.L. Phillips, R.T. Phillips, W.R. Pilewicz, G. Ralston, E. Ramsey, T. Randall, W.C. Reaves, H.L. Richardson, E. Robinson, C. Rosa, Ben B. Rowland, J.R. Rush, Dewey Russell, J. Savage, J. Scott, A. Sizemore, E. Smith, V.B. Smyre, C. Snow, Wayne,Jr. Steinberg, C. Swann, D. Taggart, T. Thompson, A.W. Tolbert, T. Triplett, Tom Truluck, R. Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. Waddle, T.W. Walker, L. Wall, V. Ware, J.C. Watkins, L. Watson, R.H.,Jr. White, J. Whitmire, D. Williams, R. Williamson, G. Wilson, J.M. Wood, J. Wood, J.T. Mr. Speaker Prayer was offered by Reverend Calvin Davis, Pastor, Macedonia Baptist Church, Manchester, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. FRIDAY, MARCH 3, 1978 2355 By unanimous consent, the following Bills and Resolutions of the Senate were read the second time: SB 643 SB 645 SB 646 SR 323 SR 347 SR 351 SR 359 SR 365 Representative Harris of the 8th District, Chairman of the Committee on Appropria tions, submitted the following report: Mr. Speaker: Your C i.ittee on Appropriations has had under consideration the following Bill and Resolution ,ie House and Senate and has instructed me to report the same back to the House with tiu following recommendations: SB 499 Do Pass, as Amended HR 641-1790 Do Pass, as Amended Respectfully submitted, Harris of the 8th Chairman Representative Marcus of the 26th District, Chairman of the Committee on Health & Ecology, submitted the following report: Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 582 Do Pass SR 292 Do Pass Respectfully submitted, Marcus of the 26th Chairman Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 21 Do Pass, by Substitute Respectfully submitted, Lee of the 72nd Chairman Representative Knight of the 67th District, Vice-Chairman of the Committee on Rules, submitted the following report: 2356 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 73 Do Pass, by Substitute Respectfully submitted, Knight of the 67th Vice-Chairman Representative Thompson of the 93rd District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations: SB 547 Do Pass SB 378 Do Pass, by Substitute SB 430 Do Pass SB 247 Do Pass Respectfully submitted, Thompson of the 93rd Chairman Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SR 252 Do Pass, by Substitute SR 353 Do Pass, as Amended SB 551 Do Pass SB 563 Do Pass SB 564 Do Pass Respectfully submitted, Colwell of the 4th Chairman Representative Bray of the 70th District, Acting Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic has had under consideration the following Reso lution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 234 Do Pass, by Substitute Respectfully submitted, Bray of the 70th Acting-Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: FRIDAY, MARCH 3, 1978 2357 Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 1384 HB 1437 HB 2077 HR 40-178 Do Pass, as Amended Do Pass, as Amended Do Pass Do Pass, by Substitute SR 356 Do Pass HB 1891 Do Pass HB 277 Do Pass HR 730-1961 Do Pass, by Substitute Respectfully submitted, Clark of the 55th Vice-Chairman By unanimous consent, the following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 3, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Friday, March 3, 1978, and submits the following: HR 733-1987 Proclaim; May as Solar Month; May 8 as Sun Day SB 264 SB 374 SB 408 SB 410 SB 414 SB 422 SB 519 SB 565 SB 604 SB 605 SB 616 SB 622 SB 629 Probate Court Judges, Review Fees Evidence, Post-Judgement Discovery Children, Sexual Exploitation, Prohibit Food Stamps/Fraud; Provide for Penalties Speed Detection Devices, Evidence Inadmissable Public Hospitals; Staff Privileges Counties/Contractors; Bond Requirement Bd. of Reg. for Prof. Soil Classifiers, Date U.S. Reserve Components, Vehicle Tags Ga. Scenic River Sys., Designate Certain Rivers Child Abuse; Report to Police Authorities Revenue Bond Law, Bonds by Judgement School Buses, Speed Limits SR 289 SR 307 Income Tax, Cost of Living Factors Tax Reform Commission, Create The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Knight of the 67th Vice-Chairman By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: HB 1384. By: Representative Greer of the 43rd: A BILL to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County so as to pro vide for increased benefits for service by a member after becoming eligible for retirement on full benefits; and for other purposes. 2358 JOURNAL OF THE HOUSE, The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1384 as follows: Page 1, line 26, after the word "a" and before the word "of delete "two percent" and insert "one and one-half percent". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1437. By: Representative Greer of the 43rd: A BILL to amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County so as to change the requirements for receiving a spouse's pension under said Act; and for other pur poses. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend HB 1437 as follows: On page 1, line 24, delete "for a period of five (5) years" On page 1, line 26, delete "or a" On page 1, line 27, delete "period of five (5) years prior to the death of such" On page 2, line 1, delete "pensioner". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1891. By: Representatives Carlisle and Mostiler of the 71st: A BILL to repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the U.S. Decennial Census of 1970 or any future such census; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 2077. By: Representatives Hutchinson of the 133rd, Hatcher of the 131st, White of the 132nd and McCollum of the 134th: A BILL to amend the Charter of the City FRIDAY, MARCH 3, 1978 2359 of Albany, so as to add to the corporate limits of the City of Albany; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. HR 40-178. By: Representative Greer of the 43rd: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing author ity of Fulton County to provide, from time to time, for the increase in retirement or pen sion benefits of persons who have retired or who may hereafter retire pursuant to any retirement system, annuity and benefit fund, pension system or any similar system hereto fore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Any other provision of this Constitution to the contrary notwithstanding, the govern ing authority of Fulton County is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have retired or who may hereafter retire pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County. The governing authority of Fulton County is hereby authorized to appropriate county funds for the purpose of increasing such retirement or pension benefits." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have retired or who may hereafter retire pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or here after created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: 2360 JOURNAL OF THE HOUSE, A RESOLUTION Proposing an amendment to the Constitution so as to authorize the governing author ity of Fulton County to provide, from time to time, for the increase in retirement or pen sion benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such purposes; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Any other provision of this Constitution to the contrary notwithstanding, the govern ing authority of Fulton County is hereby authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by or pursuant to law which is wholly or partially supported by the funds of Fulton County. The governing authority of Fulton County is hereby authorized to appropriate county funds for the purpose of increasing such retirement or pension benefits, and no such increase in benefits shall be paid from the Fulton County Teachers' Retirement Fund but shall be paid instead from the gen eral funds of Fulton County. In the event a constitutional amendment completely revising Article X, relating to retirement systems and educational scholarships, is rati fied at the 1978 general election, then this paragraph shall be null and void and shall not become a part of the Constitution." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the governing authority of Fulton County to provide, from time to time, for the increase in retirement or pension benefits of persons who have at that time retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter cre ated by or pursuant to law which is wholly or partially supported by the funds of Fulton County and to appropriate county funds for such pur- All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Canon, G. FRIDAY, MARCH 3, 1978 2361 Y Castleberry, D. Chance, G. Y Guilders, KM. Y Chttds, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coteman, T. Collina, M. Y Colwell, C.H. Y ConneU, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, RA. Y Deveaux, C. Diion. H.D. Y Dover, Bill Y Edwards, W. Y Elliott, K.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. YIrvin,R. Y bakson, J. Y Jackson, J.D. Y Jeasup, Ben Y Johnson, G. Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Under, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. YTwiggs, R. Vaughn, C.R. Veaiey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. WilUamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 141, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. HR 730-1961. By: Representative ConneU of the 87th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in Richmond County; to provide that the General Assembly may by law provide for the implementation of such requirements and for other matters relative thereto; to pro vide for the submission of this amendment for ratification or rejection; and for other pur poses. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: "Financing Services Within Richmond County. Notwithstanding any other provision of this Constitution, the General Assembly shall be authorized by law to prohibit the governing authority of Richmond County from levying and collecting taxes and from expending public funds from taxes to finance, exercise, or perform any service as defined by such law except when such service is provided within a tax service district created pursuant to such law. To this end and without limiting the generality of the foregoing, the General Assembly may by such law provide for any one or more of the following: 1. Define and enumerate governmental services which shall be provided by Richmond County only within tax service districts. 2. Require Richmond County to create initial tax service districts following the effec tive date of such law for the financing and provision of services therein. 3. Provide for the manner and method of creating or modifying tax service districts to be established in addition to or in lieu of initial tax service districts created pursuant to such law. 2362 JOURNAL OF THE HOUSE, 4. Provide that special districts existing within Richmond County shall be unaffected by such law until otherwise changed or modified pursuant to such law. 5. Provide that district services provided by Richmond County within tax service dis tricts created pursuant to such law shall be reasonably uniform throughout such tax ser vice districts. 6. Provide for the taxation and allocation of costs of financing services provided within tax service districts. 7. Provide for the method of retirement of indebtedness of Richmond County out standing on the effective date of such law and for the creation and retirement of indebtedness incurred by Richmond County after the effective date of such law, includ ing the debt limitation applicable to Richmond County. 8. Provide that the rate and manner of taxation may vary in any tax service district created pursuant to such law from that in the total area of Richmond County or from that in another tax service district. 9. Provide any other provisions, terms, or conditions as necessary to effectuate the purposes of this amendment. The authority granted herein shall not authorize the General Assembly to create or authorize the governing authority of Richmond County subject to the provisions of this Paragraph to create a tax service district within the boundaries or any portion of the boundaries of any municipality located wholly or partially within Richmond County, unless the creation of such tax service district is with the approval of the governing authority of such municipality. The provisions of this Paragraph are hereby declared to be cumulative and supple mental to any powers heretofore possessed by the General Assembly and not in lieu of such powers." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that the General Assembly shall be authorized by law to provide requirements relal e to the financing of services by Richmond County and for other matters rela tive thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from county taxation for bonded indebtedness in Richmond County; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the following paragraph: "All capital improvements of each new manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except FRIDAY, MARCH 3, 1978 2363 for school purposes, for five years from the time of its establishment provided such establishment has capital improvements of $1,000,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for five years from the time such addition is made if the cost of such addition is $1,000,000, or more. For the purpose of this exemption the term 'manufacturing estab lishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or combining different materials for use. The term 'capital improvements' shall mean and include buildings, machinery and equipment directly connected with the manufac turing process.", in its entirety and inserting in lieu thereof a new paragraph, to read as follows: "All capital improvements of each new manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, including taxes for bonded indebtedness, except for school purposes, for five years from the time of its establishment provided such establishment has capital improvements of $1,000,000. Each addition to the capital improvements of an existing manufacturing establishment located in Richmond County, Georgia, shall be exempt from all county ad valorem taxes, including taxes for bonded indebtedness, except for school purposes, for five years from the time such addition is made if the cost of such addition is $1,000,000, or more. For the purpose of this exemption the term 'manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating or changing things into new forms for use or in refining, rectifying or com bining different materials for use. The term 'capital improvements' shall mean and include buildings, machinery and equipment directly connected with the manufacturing process." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to exempt the capital improve ments of certain manufacturing establishments and certain additions thereto from taxes for bonded indebtedness in Richmond County for a period of five years following their establishment or addition?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cat, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. 2364 JOURNAL OF THE HOUSE, Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 140, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemp tion of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemp tion shall be $3,000.00 in 1979, $4,000.00 in 1980 and $5,000.00 for 1981 and each year thereafter; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of DeKalb County is hereby granted an exemption from all DeKalb County and DeKalb County School District ad valorem taxes in the amount hereinafter provided of the value of the homestead owned and occupied by said resident as a homestead within DeKalb County. For calendar year 1979, such homestead exemption shall be $3,000.00; for calendar year 1980, such homestead exemption shall be $4,000.00; and for calendar year 1981 and thereafter, such homestead exemption shall be $5,000.00. For the purposes of DeKalb County and DeKalb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted herein for residents of DeKalb County shall be in addition to and cumulative of any other homestead exemption heretofore or hereafter granted by this Constitution or by law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. FRIDAY, MARCH 3, 1978 2365 The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000.00 in 1979, $4,000.00 in 1980 and $5,000.00 for 1981 and each year thereafter?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following amendment was read and adopted: Representative Williamson of the 45th moves to amend S.R. 326 as follows: By striking everything before the resolving clause and inserting in lieu thereof the fol lowing: "A RESOLUTION Proposing an amendment to the Constitution so as to change the homestead exemp tion from ad valorem taxes levied for county and school purposes in DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes." And, by striking everything after the resolving clause and inserting in lieu thereof the following: "Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end of the third unnumbered paragraph thereof, which reads as follows: 'The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner prima rily as such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all property in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.', the following: 'Any other provisions of this Constitution to the contrary notwithstanding, each resident of DeKalb County is hereby granted an exemption from all DeKalb County and DeKalb County School District ad valorem taxes in the amount hereinafter pro vided of the value of the homestead owned and occupied by said resident as a homestead within DeKalb County. For calendar year 1979, such homestead exemp tion shall be fifteen percent of the assessed value of the homestead, but not less than $3,000.00 and not more than $4,000.00; for calendar year 1980, such homestead 2366 JOURNAL OF THE HOUSE, exemption shall be seventeen and one-half percent of the assessed value of the homestead, but not less than $3,500.00 and not more than $5,000.00; for calendar year 1981, such homestead exemption shall be twenty percent of the assessed value of the homestead, but not less than $4,000.00 and not more than $6,000.00; for cal endar year 1982, such homestead exemption shall be twenty-two and one-half per cent of the assessed value of the homestead, but not less than $4,500.00 and not more than $7,000.00; for calendar year 1983 and thereafter, such homestead exemp tion shall be twenty-five percent of the assessed value of the homestead, but not less than $5,000.00 and not more than $8,000.00. For the purpose of DeKalb County and DeKalb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the heretofore existing basic homestead exemption of $2,000.00, and the provisions of this Constitution and of law relating to such basic homestead exemption shall apply to the homestead exemption granted herein, except for the amount thereof. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted herein for residents of DeKalb County shall be in addition to and cumulative of any other homestead exemption heretofore or hereafter granted by this Constitution or by law.' Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: '( ) YES ( ) NO Shall the Constitution be amended so as to provide that the DeKalb County homestead exemption from taxes levied for county and school purposes shall be increased by annual steps from 15 percent of the assessed value of the homestead in 1979, but not less than $3,000.00 and not more than $4,000.00, to 25 percent of the assessed value of the home stead in 1983, but not less than $5,000.00 and not more than $8,000.00?' All persons desiring to vote in favor of ratifying the proposed amendment shall vote ''YNeos'.'. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitu tion, it shall become a part of the Constitution of this State." The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P, Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carries, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y DaTM, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. FRIDAY, MARCH 3, 1978 2367 Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y MarcuB, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 134, nays 2. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended. SR 356. By: Senator Shapard of the 28th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize and empower the gov erning authority of Spalding County, Georgia, to enact ordinances and regulations, includ ing, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the policing and governing of the unincorporated areas of said county and the enforce ment of all duties and powers now or hereafter vested in said board and to provide pen alties for violations of such ordinances; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: "Notwithstanding any other provisions of this Constitution, the governing authority of Spalding County is hereby authorized and empowered to adopt ordinances and regula tions, including, but not limited to, traffic regulations and garbage and solid waste dis posal regulations for the governing and policing of the unincorporated areas of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforce ment of all duties and powers now or hereafter vested in said governing authority; and to provide penalties for violations of such ordinances, setting the nature and amount of such penalties or punishments; and to designate the court or courts which shall have jurisdiction in Spalding County over such offenses." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize and empower the governing authority of Spalding County to adopt ordinances and regulations, including, but not limited to, traffic regulations and garbage and solid waste disposal regulations for the governing and policing of the unincorporated areas of said county and to provide for the enactment of punishment or penalties for the violation of such ordinances and the des- 2368 JOURNAL OF THE HOUSE, ignation of a court which shall have jurisdiction over such ordinances and regulations?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y BUJTUSS, A.L. Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y PhUlips, W.R. Y PUewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y RODS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Y Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 141, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. HB 277. By: Representative Adams of the 36th: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb creating a new Char ter for such city and for other purposes, as amended, so as to change the provi sions relating to qualifications of Council members, the President of the Council and the Mayor; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. FRIDAY, MARCH 3, 1978 2369 The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1689. By: Representatives Veazey and Patten of the 146th: A BILL to establish a new charter for the City of Nashville, Georgia; and for other purposes. HB 1717. By: Representatives Ware of the 68th, and Mullinax of the 69th: A BILL to amend an Act providing compensation for specified officers in Troup County so as to change the salary of the sheriff, tax commissioner, and judge of the pro bate court; to provide an effective date; and for other purposes. HB 1847. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to amend an Act creating and establishing a Small Claims Court in Pike County so as to change the jurisdictional limit of the court; and for other purposes. HB 1850. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to repeal an Act to fix the salary of the Clerk of the Board of Commissioners of Pike County; and for other purposes. HB 1868. By: Representative Adams of the 79th: A BILL to amend an Act creating a new charter for the City of Thomaston so as to change the provisions relating to the incorporation of said city; to change the provisions relating to the rights, powers, privileges and immunities of said city; and for other purposes. HB 1991. By: Representative Bray of the 70th: A BILL to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation so as to change the compensation of the sheriff; to change the compensation of the deputies of the sheriff; and for other purposes. HB 1992. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and provid ing in lieu thereof an annual salary so as to change the compensation of the deputy clerks; and for other purposes. HB 1888. By: Representatives Carlisle and Mostiler of the 71st: A BILL further to define, prescribe and enlarge the powers and duties of the Griffin Industrial Building Authority and further to regulate the management and conduct thereof; and for other purposes. HB 1893. By: Representatives Mann, Milford, and Clark of the 13th: A BILL to amend an Act creating a Small Claims Court for Elbert County so as to change the provisions relating to cost of service; to change the provisions relating to costs; and for other purposes. HB 1895. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to change the compensation of coroners in all counties of this State having a popu- 2370 JOURNAL OF THE HOUSE, lation of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census; and for other pur poses. HB 1926. By: Representatives Anderson, Harris, and Looper of the 8th: A BILL to amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary so as to change the compensation of the clerk of the superior court; and for other purposes. HB 1927. By: Representatives Anderson, Harris, and Looper of the 8th: A BILL to amend an Act creating the office of Commissioner of Pickens County so as to change the compensation of the commissioner; and for other purposes. HB 1928. By: Representatives Anderson, Harris, and Looper of the 8th: A BILL to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation so as to change the compensation of the sheriff; and for other purposes. HB 1929. By: Representatives Anderson, Harris, and Looper of the 8th: A BILL to amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation so as to change the compensa tion of the judge of the probate court; and for other purposes. HB 1930. By: Representatives Anderson, Harris, and Looper of the 8th: A BILL to amend an Act creating the office of Tax Commissioner of Pickens County so as to change the compensation of the tax commissioner; and for other purposes. HB 1931. By: Representative Ross of the 76th: A BILL to amend an Act creating a Small Claims Court in Lincoln County so as to change the civil jurisdiction of said court; and for other purposes. HB 1932. By: Representative Owens of the 77th: A BILL to amend an Act providing for the election of members of the Board of Education of Columbia County so as to change the compensation of members of the board of education; to provide for a referendum; and for other purposes. HB 1933. By: Representative Owens of the 77th: A BILL to amend an Act creating the Board of Commissioners of Columbia County so as to provide for the recall of the Chairman and members of the Board of Commissioners of Columbia County; to provide for recall elections and petitions; and for other purposes. HB 1934. By: Representatives Ramsey of the 3rd, and Williams, and Foster of the 6th: A BILL to amend an Act incorporating the City of Varnell so as to deannex certain property from the corporate limits of said city; to provide for a refer endum; and for other purposes. HB 1936. By: Representatives Jones of the 78th, and Tucker of the 73rd: A BILL to amend an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select two members from certain militia districts so as to provide for the selection of the members of the school board on an at-large basis; to provide for continuity in office; to provide for a referendum; and for other purposes. FRIDAY, MARCH 3, 1978 2371 HB 1938. By: Representatives Veazey, and Patten of the 146th: A BILL to amend an Act providing and establishing a new charter for the Town of Alapaha so as to change the corporate limits of that town; and for other purposes. HB 1941. By: Representatives Logan of the 62nd, Argo of the 63rd, and Russell of the 64th: A BILL to amend an Act creating a new Board of Commissioners of Clarke County so as to change the compensation of the chairman and the mem bers of the board of commissioners; and for other purposes. HB 1942. By: Representatives Logan of the 62nd, Argo of the 63rd, and Russell of the 64th: A BILL to amend an Act providing for the combination of the present functions of the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, into one court so as to enumer ate certain fees and require a larger deposit on cost of suit; and for other pur poses. HB 1833. By: Representative Ham of the 80th: A BILL to amend an Act creating a new charter for the City of Forsyth so as to provide for publication of notice to adopt ordinances; and for other purposes. HB 1834. By: Representative Ham of the 80th: A BILL to amend an Act to abolish the present method of compensating the Sheriff of Monroe County so as to author ize the grand jury to arbitrate and decide certain disputes; and for other pur poses. HB 1987. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act amend ing, revising, consolidating and superseding the several Acts incorporating the town of Austell and reincorporating said town as a city so as to change the com pensation of the mayor and councilmen; and for other purposes. HB 1943. By: Representatives Snow and Hays of the 1st, and Money of the 5th: A BILL to amend an Act creating the office of Commissioner for Dade County so as to change the provisions relating to the compensation and expenses of the commis sioner; to prohibit the sale of county property under certain conditions; to pro hibit the reduction of the millage rate for county ad valorem taxation under certain conditions; and for other purposes. HB 1944. By: Representatives Snow and Hays of the 1st, Money of the 5th, and Foster and Williams of the 6th: A BILL to amend an Act creating a Charter for the City of Chickamauga so as to provide for the election of a recorder and to pro vide for his term of office; and for other purposes. HB 1954. By: Representatives Johnson and Glanton of the 66th: A BILL to amend an Act establishing a system of public schools for the City of Carrollton so as to change the provisions relating to the election of the Board of Education for Carrollton; and for other purposes. HB 1955. By: Representatives Johnson and Glanton of the 66th: A BILL to amend an Act establishing a new charter for the City of Carrollton so as to change the provi sions relating to city elections; and for other purposes. HB 1957. By: Representatives Glanton and Johnson of the 66th: A BILL to provide a new Charter for the City of Mt. Zion; and for other purposes. 2372 JOURNAL OF THE HOUSE, HB 1962. By: Representative Peters of the 2nd: A BILL to amend an Act creating the office of Commissioner of Catoosa County so as to change the amount paid for clerical assistance to the commissioners; and for other purposes. HB 1963. By: Representative Peters of the 2nd: A BILL to amend an Act creating the office of Tax Commissioner of Catoosa County so as to change the compensa tion of the tax commissioner and his clerical assistance allowance; and for other purposes. HB 1964. By: Representative Peters of the 2nd: A BILL to amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County so as to change the salary of the sheriff; and for other purposes. HB 1965. By: Representative Peters of the 2nd: A BILL to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees so as to change the allowances for clerical help for the judge of the probate court; and for other purposes. HB 1966. By: Representatives Walker of the 115th, and Culpepper of the 98th: A BILL to consolidate the offices of Tax Receiver and Tax Collector of Macon County into the office of Tax Commissioner of Macon County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax com missioner; to provide for his term of office; and for other purposes. HB 1979. By: Representatives Harris, Anderson, and Looper of the 8th: A BILL to amend an Act placing the coroner of Bartow County upon an annual salary so as to change the compensation of the coroner; to authorize the payment of certain expenses by the county; to authorize the appointment of a deputy coroner; and for other purposes. HB 1993. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis so as to change the annual salary of the sheriff; and for other pur poses. HB 1994. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner so as to clarify the provisions of the law to authorize the tax commissioner to receive the same commissions which were the usual and customary commissions received by the tax commissioner prior to January, 1977; and for other purposes. HB 2004. By: Representatives Long of the 142nd, and Cox of the 141st: A BILL to create and establish a Small Claims Court of Grady County; and for other purposes. HB 2006. By: Representatives Knight of the 67th, and Ware of the 68th: A BILL to pro vide a new charter for the Town of Sharpsburg in the County of Coweta; and for other purposes. HB 2008. By: Representatives Colwell and Twiggs of the 4th: A BILL to incorporate the City of Sky Valley in the County of Rabun; and for other purposes. HB 2013. By: Representative Edwards of the 110th: A BILL to amend an Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation FRIDAY, MARCH 3, 1978 2373 so as to change the provisions relative to the compensation of the Sheriff; and for other purposes. HB 2017. By: Representatives Snow and Hays of the 1st, Foster and Williams of the 6th, and Money of the 5th: A BILL to amend an Act known as the "Walker County Development Authority Act" so as to change the definition of "undertaking", "project", "undertaking or project" and "undertaking and project"; and to pro vide for the Walker County Development Authority to have all powers enumer ated under the "Development Authorities Law"; and for other purposes. HB 2019. By: Representative Murphy of the 18th: A BILL to amend an Act creating a new charter for the City of Tallapoosa so as to provide for certain gas, water and sanitation funds; to change certain accounting and budgetary procedures; to change the fiscal year of said City; to regulate sales to the City by officers and employees of the City; and for other purposes. HB 1567. By: Representatives Williamson of the 45th, Karrh of the 106th, Kemp of the 139th, Tuten of the 153rd, Culpepper of the 98th, Davis of the 99th, Linder of the 44th, and others: A BILL to amend Code Chapter 56-25, relating to life insurance, so as to require that insurers pay interest at a specified rate on the proceeds of policies of life insurance; to provide limitations; to require speedy payment of such proceeds; and for other purposes. HB 1563. By: Representatives Culpepper of the 98th, Murphy of the 18th, Walker of the 115th, Snow of the 1st, Karrh of the 106th, and Ham of the 80th: A BILL to amend Code Title 24A, the Juvenile Court Code, so as to change the provisions regarding concurrent jurisdiction of superior court; to provide for transfer of certain cases; and for other purposes. HB 1639. By: Representative Taggart of the 125th: A BILL to amend an Act entitled the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors" so as to provide that certain persons, firms, corporations or organizations shall be ineligible for issuance of a retailer's license under certain conditions; and for other purposes. HB 1649. By: Representatives Taggart of the 125th, and Hill of the 127th: A BILL to amend Code Section 26-2713, relating to exceptions to the provisions relating to gambling and related offenses of Code Chapter 26-27, so as to provide for additional exceptions for certain coin-operated games or devices; and for other purposes. HB 1656. By: Representative Pinkston of the 100th: A BILL to amend an Act authorizing municipalities, counties and other public bodies of this State, at their discre tion, to purchase certain indemnity insurance so as to authorize the payment of certain claims or civil judgments under certain conditions; to provide an effective date; and for other purposes. HB 1999. By: Representatives Clark, Milford and Mann of the 13th: A BILL to amend an Act granting a new charter to the City of Lavonia so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to change the compensation of the mayor and council; to correct the date of the election; and for other purposes. HB 1230. By: Representatives Baugh of the 108th, Parham of the 109th, and Clark of the 13th: A BILL to amend an Act establishing the Employees' Retirement System 2374 JOURNAL OF THE HOUSE, of Georgia so as to change the provisions relating to the service necessary for retirement and the calculation of service retirement benefits; and for other pur poses. HB 1593. By: Representatives Harris of the 60th, and Johnson of the 72nd: A BILL to provide that liens for ad valorem taxes shall cover only the property against which the ad valorem tax that is the basis of the lien was assessed; and for other purposes. HB 1445. By: Representative Parham of the 109th: A BILL to amend Code Title 79A, relating to pharmacists, pharmacy, drugs and narcotics, so as to change the requirements for pharmacy interns; to change the grounds upon which licenses of pharmacists and pharmacies may be revoked or suspended; to change certain requirements relating to pharmacies located in general merchandising establish ments; and for other purposes. HB 1381. By: Representative Phillips of the 59th: A BILL to amend Code Section 92-3007, relating to compromise of income tax penalty cases, so as to permit the Com missioner to make refunds under certain circumstances of penalties previously paid; to provide an effective date; and for other purposes. HB 1431. By: Representative Richardson of the 52nd: A BILL to amend Code Section 101-202, relating to the distribution of public documents by the State Librarian to public libraries and to public institutions of learning maintaining libraries in Georgia, so as to provide for the submission on or before December 1 of each year by each department and institution within the executive branch of State government of a report to the State Librarian containing a list by title of all public documents published or issued by such department or institution during the preceding State of Georgia fiscal year and a statement noting the frequency of publication of each public document; and for other purposes. HB 1443. By: Representatives Davis of the 99th, Cason of the 96th, Ralston of the 7th, Williams of the 6th, Benefield of the 72nd, Sizemore of the 136th, Phillips of the 120th, and Jones of the 78th: A BILL to amend an Act known as the "Ade quate Program for Education in Georgia Act" so as to provide for requirements for substitute teachers in the event certain teachers are unable to attend school; and for other purposes. HB 1447. By: Representatives Savage of the 25th, Lambert of the 112th, Parham of the 109th, Foster of the 152nd, Lane of the 40th, Owens of the 77th, and Hays of the 1st: A BILL to create a State Commission on Physical Fitness; to define certain terms; to provide for composition of the Commission and the filling of vacancies; to provide for organization; to provide purpose; to specify powers and duties; to provide for meetings; to specify a quorum; to authorize the accep tance of gifts and grants; and for other purposes. HB 1728. By: Representative Milford of the 13th: A BILL to amend an Act known as the Uniform Act Regulating Traffic on Highways so as to change the provisions relative to immediate reports of motor vehicle accidents; to amend Code Title 68C, known as The Motor Vehicle Safety Responsibility Act; and for other pur poses. HB 1752. By: Representatives Snow of the 1st, Hatcher of the 131st, and Walker of the 115th: A BILL to amend Code Chapter 84-66, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, so as to FRIDAY, MARCH 3, 1978 2375 establish a termination date for the Georgia Franchise Practices Commission and the date on which the aforesaid Code Chapter shall stand repealed; and for other purposes. HB 1774. By: Representatives Hatcher of the 131st, and Steinberg of the 46th: A BILL to amend an Act known as the "Children and Youth Act" so as to authorize the Department of Human Resources to inspect and copy records of law enforcement agencies and courts pertaining to juvenile offenders; to provide for limited disclosure of records on juveniles committed to said Department; and for other purposes. HB 1797. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend Code Title 88, known as the "Georgia Health Code", so as to insure that adequate health care services and facilities are developed in an orderly and eco nomical manner and available to all citizens, and to meet the requirements of and to implement the National Health Planning and Resources Development Act of 1974 (Public Law 93-641); and for other purposes. HB 330. By: Representatives Buck of the 95th, Coleman of the 118th, and Colwell of the 4th: A BILL to amend an Act creating the "Sheriffs' Retirement Fund of Georgia", approved April 16, 1963, as amended, so as to provide death benefits upon the death of an active member sheriff who is otherwise eligible to receive retirement benefits except for his not having terminated his official capacity and service as sheriff; and for other purposes. HB 1233. By: Representatives Toles of the 16th, Oldham of the 14th, and Childers of the 15th: A BILL to amend an Act authorizing the State Personnel Board to pro vide a health insurance plan for public school employees, as amended, so as to change certain definitions to include librarians and other employees of regional and county libraries for eligibility under said health insurance plan; and for other purposes. HB 1231. By: Representatives Savage of the 25th, Rowland of the 119th, Baugh of the 108th, and Toles of the 16th: A BILL to amend Code Chapter 88-20, relating to eye banks, as amended, so as to permit medical examiners to remove the cornea of a decedent for purposes of corneal transplant under certain condi tions; to relieve medical examiners and eye banks of liability for failure to obtain consent of next of kin; and for other purposes. HB 1332. By: Representatives Logan of the 62nd, and Hatcher of the 131st: A BILL to amend Code Section 92-3118, relating to income tax accounting periods and accounting methods, so as to remove a certain provision respecting income of deceased taxpayers arising from installment contracts; to provide an effective date; and for other purposes. HB 1506. By: Representatives Home of the 104th, Pinkston of the 100th, Kemp of the 139th, Nix of the 20th, Davis of the 99th, Birdsong of the 103rd, and Randall of the 101st: A BILL to amend Code Chapter 67-7, relating to the manner of foreclosures of mortgages on personalty so as to provide for the giving of oaths in certain cases in which the person holding a security interest is not a resident of the county where the debtor resides or where the secured property may be found; and for other purposes. HB 1470. By: Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th, Lambert of the 112th, Mann of the 13th, Wilson of the 19th, Phillips of 2376 JOURNAL OF THE HOUSE, the 91st, Ware of the 68th, and Murray of the 116th: A BILL to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to provide an increase in the retirement benefits for those who become eligible to receive benefits after a certain date; and for other purposes. HB 1839. By: Representative Greer of the 43rd: A BILL to amend an Act known as the "Development Authorities Law" so as to provide a more effective mechanism whereby local communities can stimulate economic growth and development to attract and retain industrial enterprises, expand local credit and capital and reduce unemployment; and for other purposes. HB 1845. By: Representatives Tuten of the 153rd, Foster and Wheeler of the 152nd, Stone and Greene of the 138th, and Auten of the 154th: A BILL to fix the terms of the Superior Courts of the Brunswick Judicial Circuit in the counties compris ing said circuit; and for other purposes. HB 1846. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act establishing a Department of Community Affairs and providing for its powers, duties and functions, so as to change certain provisions relative to the payment of the expenses of the members of the Board of Community Affairs; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 997. By: Representative Burruss of the 21st: A BILL to amend an Act known as the "Structural Pest Control Act", as amended, so as to provide that licenses issued pursuant to said Act shall be valid throughout the State with certain excep tions; to provide an effective date; and for other purposes. HB 1636. By: Representatives Baugh of the 108th, and Parham of the 109th: A BILL to amend an Act providing for physician's assistants and known as the "Physician's Assistants Act" so as to exempt certain physician's assistants from certain examination requirements; and for other purposes. HB 1499. By: Representatives Hanner of the 130th, Sizemore of the 136th, Veazey of the 146th, Long of the 142nd, Rainey of the 135th, Murray of the 116th, Cox of the 141st, and others: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to remove certain limitations on the exemption provided for sales of machinery used in tilling the soil or in ani mal husbandry; and for other purposes. HB 1953. By: Representative Phillips of the 91st: A BILL to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency so as to exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State; and for other purposes. HB 1967. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act known as the "Georgia Water Quality Control Act" so as to authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide updated citations to the federal law relating to the construction grants program; and for other purposes. FRIDAY, MARCH 3, 1978 2377 HB 1836. By: Representative Kemp of the 139th: A BILL to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abrogation; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1368. By: Representatives Robinson of the 58th, Evans of the 84th, Harrison of the 20th, Home of the 104th, Tucker of the 73rd, Childs of the 51st, Butler and Tolbert of the 56th, and others: A BILL to amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide under what circumstances objects may be deemed to be intended primarily for such use; to provide penalties; to provide an effective date; and for other pur poses. HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. HB 1530. By: Representatives Dover of the llth, Clark of the 13th, Phillips of the 91st, Childs of the 51st, Foster of the 6th, Wood of the 9th, Kilgore of the 65th, Scott of the 37th, Dean of the 29th, and others: A BILL to amend an Act creat ing the Georgia State Commission of Indian Affairs so as to strike the provision providing for repeal of the Act; to provide an effective date; and for other pur poses. HB 1978. By: Representatives Daniel of the 88th, Dent of the 85th, Beckham of the 89th, and Truluck of the 86th: A BILL to amend an Act creating the office of Tax Commissioner of Richmond County so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House and Senate: HR 480-1349. By: Representatives Murphy of the 18th, Connell of the 87th, and Snow of the 1st: A RESOLUTION amending a Resolution creating the "Select Commit tee on Constitutional Revision", approved March 30, 1977, so as to change the provisions relative to study committees; to change the provisions relative to allowances for members of the Select Committee and study committees; to pro vide for other matters relative thereto; to provide an effective date; and for other purposes. HR 652-1826. By: Representatives Daniel of the 88th, Connell of the 87th, Dent of the 85th, and Swann of the 90th: A RESOLUTION relative to developing recom mendations for the merger of specified services currently provided by Richmond County and the City of Augusta, Georgia; and for other purposes. SR 358. By: Senators Foster of the 50th, Evans of the 37th, Tysinger of the 41st and Scott of the 43rd: A RESOLUTION directing the Governor to proclaim the month of 2378 JOURNAL OF THE HOUSE, May, 1978, as "Solar Month", and to proclaim May 3, 1978, as "Sun Day", to call for the observation of said month and day; to direct certain cooperation and participation; and for other purposes. HR 665-1858. By: Representative Collins of the 144th: A RESOLUTION authorizing the lease of certain real property located in the City of Pelham, Mitchell County, Georgia; and for other purposes. HR 638-1777. By: Representatives Hutchinson of the 133rd, Murphy of the 18th, Harris of the 60th, Clifton of the 107th, Adams of the 79th, Logan of the 62nd, and Nessmith of the 82nd: A RESOLUTION proposing an amendment to the Con stitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers; to authorize the General Assembly to appropriate funds for the administration of the plan and to finance the employer contributions; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 407. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend Code Section 84-1405, relating to the Georgia Real Estate Commission, so as to provide for the appointment of an additional member to the Commission; to provide an effective date; and for other purposes. SB 425. By: Senator Kidd of the 25th: A BILL to amend an Act prohibiting full-time appointive officials and employees of the State from engaging in certain trans actions affecting the State, approved February 13, 1956, so as to provide for exceptions under certain circumstances; to continue certain regulations; to pro vide for exceptions; and for other purposes. SB 509. By: Senator Greene of the 26th: A BILL to amend Code Section 45-323, relating to game and fish license or permit denial, revocation, suspension, and nonrenewal, so as to require denial, revocation, suspension, or nonrenewal under certain circumstances; to change the maximum period of revocations, suspen sions, nonrenewals, and denials; to direct the adoption of rules; to provide stan dards; to provide that certain acts are unlawful; to provide penalties; and for other purposes. SB 513. By: Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others: A BILL to amend Code Chapter 56-3, relating to authorization of insur ers and general requirements for doing business in this State, so as to require certain insurers and self-insurers providing product liability insurance to make certain annual reports concerning product liability insurance experience; and for other purposes. SB 161. By: Senator Foster of the 50th: A BILL to amend an Act providing for a health insurance plan for State employees, so as to change the provisions relative to the continuation of health insurance coverage for the spouse or dependents of an employee who dies; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 543-1532. By: Representatives Daniel of the 88th, Dent of the 85th, Connell of the 87th, Beckham of the 89th, Swann of the 90th, and Truluck of the 86th: A FRIDAY, MARCH 3, 1978 2379 RESOLUTION proposing an amendment to the Constitution so as to authorize Richmond County to acquire, construct, equip, maintain and operate incinerat ors, garbage and refuse facilities, to prescribe and revise rates and to collect fees, tolls and charges for the use thereof; and for other purposes. HR 629-1752. By: Representatives Gammage of the 17th, and Toles of the 16th: A RESO LUTION proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Polk County shall have jurisdiction; and for other purposes. HR 735-2002. By: Representative Irvin of the 10th: A RESOLUTION proposing an amendment to an amendment to the Constitution known as the ToccoaStephens County Building and Parks Authority so as to change the provisions relating to the requirement of a referendum for approval of leases and other contracts between said Authority and the City of Toccoa and County of Stephens; and for other purposes. HR 711-1910. By: Representatives Ware of the 68th, and Mullinax of the 69th: A RESO LUTION proposing an amendment to the Constitution so as to authorize the General Assembly to establish classifications of property for purposes of ad valorem taxation for the benefit of any development authority created for all or any part of the City of West Point; and for other purposes. HR 744-2020. By: Representative Kilgore of the 65th: A RESOLUTION proposing an amendment to the Constitution so as to provide that residents of the City of Douglasville who are 65 years of age or older and whose annual income does not exceed $6,000.00 shall be granted a homestead exemption of $4,000.00 from ad valorem taxation by the City of Douglasville; and for other purposes. HR 716-1916. By: Representative Dixon of the 151st: A RESOLUTION proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; to repeal Resolution Act Number 80 which proposed an amendment to the Consti tution increasing jurisdiction of civil cases over which the Justices of the Peace of Charlton County shall have jurisdiction; and for other purposes. HR 719-1944. By: Representatives Rainey of the 135th, and Sizemore of the 136th: A RESOLUTION proposing an amendment to the Constitution so as to increase the membership of the Crisp County-Cordele Industrial Development Author ity; and for other purposes. HR 720-1944. By: Representatives Anderson, Looper, and Harris of the 8th: A RESOLU TION proposing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Cherokee County shall have jurisdiction; and for other purposes. HR 506-1448. By: Representatives Coleman of the 118th, Walker of the 115th, Jessup of the 117th, Stone and Greene of the 138th, Tuten of the 153rd, and Auten of the 154th: A RESOLUTION designating certain highways as the "Golden Isles Highway" and the "Golden Isles Connector"; and for other purposes. HR 481-1355. By: Representative Jones of the 126th: A RESOLUTION compensating Ms. Pat Kleinhans; and for other purposes. 2380 JOURNAL OF THE HOUSE, HR 505-1436. By: Representative Isakson of the 20th: A RESOLUTION compensating Mr. Wilson A. Nantz; and for other purposes. HR 511-1458. By: Representative Ware of the 68th: A RESOLUTION compensating Mr. Wesley Duffey; and for other purposes. HR 475-1340. By: Representative Jones of the 126th: A RESOLUTION compensating Mr. Jerry L. Fowler; and for other purposes. HR 457-1312. By: Representative Adams of the 36th: A RESOLUTION compensating Ms. Susan W. Ivey; and for other purposes. HR 439-1274. By: Representative Savage of the 25th: A RESOLUTION compensating Mr. Tom Suther; and for other purposes. HR 442-1274. By: Representative Hawkins of the 50th: A RESOLUTION compensating Dr. John S. Austin, Jr.; and for other purposes. HR 565-1598. By: Representative Kilgore of the 65th: A RESOLUTION compensating Mr. Lewis W. Thomas; and for other purposes. HR 582-1671. By: Representative Murray of the 116th: A RESOLUTION compensating Mr. Tom E. Ireland; and for other purposes. HR 588-1710. By: Representative Glanton of the 66th: A RESOLUTION compensating Mr. Wayne Cavender; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House: HR 81-370. By: Representatives Tolbert and Butler of the 56th, Richardson of the 52nd, Linder of the 44th, and Deveaux of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide for a different method and time of returns, assessments, payment and col lection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; and for other pur poses. HR 714-1916. By: Representatives Murray of the 116th, and Castleberry of the lllth: A RESOLUTION proposing an amendment to the Constitution so as to create the Downtown Americus Authority, to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 456-1312. By: Representative Horton of the 43rd: A RESOLUTION compensating Mrs. Herbert C. Millkey, Sr.; and for other purposes. The Senate has agreed to the House amendments to the following Bills of the Senate: FRIDAY, MARCH 3, 1978 2381 SB 484. By: Senators Johnson of the 34th, Doss of the 52nd, McGill of the 24th and others: A BILL to amend Code Section 26-1704, relating to bad checks, so as to more clearly define the term "present consideration"; and for other purposes. SB 440. By: Senators Stumbaugh of the 55th and Barnes of the 33rd: A BILL to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to provide for certain restricted drug-related printed material and to pro hibit the sale, delivery, distribution, display for sale or the provision of such restricted drug-related printed material to a minor and to prohibit the posses sion of such restricted drug-related printed material for aforesaid purposes and for other purposes. SB 570. By: Senators Stephens of the 36th, Tate of the 38th, Turner of the 8th and others: A BILL to amend an Act regulating advertising, approved March 25, 1958, so as to require a person who uses the term "Doctor" or "Dr." to designate the degree to which he is entitled or to make certain other designations; to provide for exceptions; to provide a penalty; to provide an effective date; and for other purposes. SB 382. By: Senator Stumbaugh of the 55th: A BILL to amend an Act authorizing boards of education to purchase liability insurance or contracts of indemnity insuring or indemnifying board members, superintendents, administrators and other employees against liability for damage in specified instances, approved April 18, 1973, so as to add a new Section thereto authorizing the State Board of Educa tion, local boards of education and boards of control of cooperative educational service agencies, to pay that part of damages, attorney's fees and other recovery recovered against board members, superintendents, teachers, principals, and other administrators and employees, in certain instances, not covered by a policy of liability insurance, and for other purposes. SB 397. By: Senators Johnson of the 34th, Greene of the 26th and Evans of the 37th: A BILL to provide for intrastate child custody jurisdiction; to provide a short title; to specify purpose; to provide for construction; to define certain terms; to specify how an action to obtain a change of legal custody of certain children shall be brought; to provide limitations; and for other purposes. SB 404. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act creating the State Board of Dispensing Opticians and regulating the practice of the trade or occupation of dispensing opticians, approved February 17, 1956, so as to change the membership of the board; to provide an effective date; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 393. By: Senator Thompson of the 32nd: A BILL to provide for a right of cancellation with respect to sales of physical culture; physical fitness or body improvement courses or services; to provide enforcement of such right; and for other pur poses. SB 567. By: Senators Wessels of the 2nd and Riley of the 1st: A BILL to amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970, so as to change the name of said city to the City of Tybee; to provide for other matters relative thereto; and for other purposes. 2382 JOURNAL OF THE HOUSE, SB 474. By: Senators Gillis of the 20th, Walker of the 19th, Lester of the 23rd and others: A BILL to amend Code Title 56, relating to the Georgia Insurance Code, so as to require that certain accident and sickness insurance policies and plans pro vide coverage for dependents of the policyholder or insured who are students; to provide for other matters relative to the foregoing; to provide for application; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 1469. By: Representatives Buck of the 95th, Coleman of the 118th, Murphy of the 18th, Lambert of the 112th, Mann of the 13th, Wilson of the 19th, Phillips of the 91st, Ware of the 68th, and others: A BILL to amend an Act creating the Sheriffs' Retirement Fund of Georgia so as to remove the limitation from the compensation to be paid the Secretary-Treasurer of the Board of Commission ers of the Sheriffs' Retirement Fund of Georgia; to provide an effective date; and for other purposes. Representative McKinney of the 35th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 544. By: Senator Kidd ofthe 25th: A BILL to be entitled an Act to amend Code Section 34-610, relating to the keeping of registration cards and other papers, voter registration places and office hours, so as to provide for the designation of additional registration places and the requriements connected therewith; to provide for an effective date; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. Balkcom, R. Y Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. Bumjss, A.L. N Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. ChUds, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. N Connell, J. N Cooper, B. N Coi, W.E. Crosby, T. Culpepper, B. N Daniel, G. Y Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. Y Deveam, C. Diion, H.D. N Dover, Bill Edwards, W. Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Y Hatcher, C.F. Y Hawkins, J. N Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Horton, G.T. N Housley, E. Hudson, Ted N Hutchinson, R.S. NIrvin, J. NIrvin, R. N Isakson, J. N Jackson, J.D. N Jegsup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Kaley, M. Karrh, R. Kemp, R. N Keyton, J.W. N KUgore, T.M. Knight, N.G. N Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. Mostiler, J.L. N Mullinai, E.G. Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. N Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. N Robinson, C. N ROM, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Stone, R. N Swann, D. N Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom N Truluck, R. N Tucker, R.M. Tuten, J. N Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker FRIDAY, MARCH 3, 1978 2383 On the motion, the ayes were 37, nays 95. The motion was lost. Representative Lane of the 40th stated that he had inadvertently voted "aye" on the motion to reconsider SB 544, but had intended to vote "nay" thereon. Representative Carlisle of the 71st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 606. By: Senator Doss of the 52nd: A BILL to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's compensation insurance; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. Bolster, P. N Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. N Childers, E.M. N Childs, P. N Clark, Betty N Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. N Colwell, C.H. Y Connell, J. N Cooper, B. Y Cox, W.E. Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. N Dean, D.C. Dent, R.A. N Deveaux, C. Diion, H.D. N Dover, Bill Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. N Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. N Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. N Jones, B. Jones, Herb N Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. N Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. N Ralston, E. Y Ramsey, T. N Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. Y Snow, Waynejr. N Steinberg, C. Stone, R. Y Swarm, D. N Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. N Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. WiUiamson, G. N Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 80, nays 51. The motion prevailed. Representative Culpepper of the 98th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. 2384 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andersen, W. N Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckbam, B. N Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. N Bray, C.A. N Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Y Cartleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. N Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. N Dean, D.C. Dent, R.A. N Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. N Gignilliat, A. N Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. N Ham, B. Hamilton, G. Y Manner, B. N Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. N Hatcher, C.F. Hawkins, J. Y Hays, F. Jr. N Hill, B.L. N Holmes, Bob N Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. NIrvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, WJ.(BUl) Lenderman, M. Y Linder, J. N Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 72, nays 73. The motion was lost. N McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Y Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. N Scott, A. Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. Y Snow, Waynejr. N Steinberg, C. Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1708. By: Representatives Harrison of the 20th, and Coleman of the 118th: A BILL to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforce ment of liquor, wine and beer laws; and for other purposes. Representative Lambert of the 112th moved that the following Bill of the Senate be withdrawn from the Committee on Industry and referred to the Committee on Special Judiciary: SB 430. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Fair Business Practices Act of 1975, approved April 10, 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; and for other purposes. FRIDAY, MARCH 3, 1978 2385 The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 374. By Senator Howard of the 42nd: A BILL to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege; and for other purposes. The following amendment was read and adopted: Representative Irvin of the 23rd moves to amend SB 374 by adding a new Section 3 to read as follows: "Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birduong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Games, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. N Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill N Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Y Gignffliat, A. Glanton, Tom N Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. N Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. YTwiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. WUliamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 124, nays 10. The Bill, having received the requisite constitutional majority, was passed, as amended. 2386 JOURNAL OF THE HOUSE, Representative Hatcher of the 131st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 374, as amended. The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto: HR 81-370. By: Representatives Tolbert and Butler of the 56th, Richardson of the 52nd, Linder of the 44th, and Deveaux of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide for a different method and time of returns, assessments, payment and col lection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; and for other pur poses. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amend ment for ratification or rejection; proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fair market value for ad valorem tax purposes of the homestead of certain residents of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of the fair market value of such property or the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation or with respect to persons who are 65 years of age or older or who are totally disabled on the date that this amendment is imple mented by general law by the General Assembly, the fair market value of the property on the first day of January after the date of the implementation of the amendment by general law; to provide that the General Assembly shall establish criteria as to which persons and which property are covered by the provisions of this amendment; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding a new paragraph at the end thereof, to read as follows: "The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes on aquatic pleasure craft and shall be authorized to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said aquatic pleasure craft." Section 2. The above proposed amendment to the Constitution contained in Section 1 of this Resolution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assem bly to provide for a different method and time of returns, assessments, ( ) NO payment and collection of ad valorem taxes on aquatic pleasure craft?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote FRIDAY, MARCH 3, 1978 2387 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Section 3. Article VII, Section I of the Constitution of Georgia, is hereby amended by adding at the end thereof a new Paragraph VI, to read as follows: "Paragraph VI. Fair Market Value of Real Property. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly shall be authorized to provide that the fair market value for ad valorem tax purposes of any homestead of a resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, and on which the owner claims a homestead exemption under Paragraph IV of this Section, shall be the lesser of (1) the fair market value of such property, or (2) the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation, or (3) with respect to persons who are 65 years of age or older or who are t( ..ally disabled on the date that this amendment is implemented by general law by the General Assembly, the fair market value of the property on the first day of Janu ary after the date of the implementation of the amendment by general law. The General Assembly shall provide by law for the manner of establishing eligibility for the valuation provided for in tb ;s Paragraph. Said eligibility shall apply to both the persons who shall be eligible and ti.j property which shall be eligible to be covered by the provisions of the amendment." Section 4. The above proposed amendment to the Constitution contained in Section 3 of this Resolution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide that the fair market value for ad valorem tax purposes of any homestead of a resident of Georgia actually occupied by the owner as a residence and homestead shall be the lesser of (1) the fair market value of such property, or (2) the fair market value of such property on the first day of January following the year in which the owner becomes 65 years of age or becomes totally and permanently disabled to perform the duties of his ordinary occupation, or (3) with respect to persons who are 65 years of age or older who are totally disabled on the date that this amendment is implemented by general law by the General Assembly, the fair market value of the property on the first day of January after the date of the implementation of the amendment by general law?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Phillips of the 59th moved that the House disagree to the Senate sub stitute to HR 81-370. The motion prevailed. Representative Auten of the 154th arose to a point of personal privilege and addressed the House. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: 2388 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Barnes of the 33rd, Banks of the 17th, and Allgood of the 22nd. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: SB 264. By: Senators Pearce of the 16th and Reynolds of the 48th: A BILL to amend Code Chapter 24-17, relating to powers, election, qualification and fees of judges of the probate courts, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 96, nays 7. The Bill, having received the requisite constitutional majority, was passed. Representative Kaley of the 19th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 264. SB 605. By: Senators Howard of the 42nd, Coverdell of the 40th, Sutton of the 9th and others: A BILL to amend an Act known as the "Georgia Scenic Rivers Act of 1969", so as to designate certain sections of rivers as a part of the Georgia Scenic River System; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 99, nays 8. The Bill, having received the requisite constitutional majority, was passed. Representative Twiggs of the 4th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 605. FRIDAY, MARCH 3, 1978 2389 HR 733-1987. By: Representatives Childs of the 51st, Nichols of the 27th, Bolster of the 30th, Marcus of the 26th, Gignilliat of the 122nd, Glanton of the 66th, Robinson of the 58th, and others: A RESOLUTION directing the Governor to proclaim the month of May, 1978, as "Solar Month", and to proclaim May 3, 1978, as "Sun Day"; to call for the observance of said month and day; to direct certain cooperation and participation; and for other purposes. An amendment, offered by Representative Elliott of the 49th, was read and lost. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Karrh, R. Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs,R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 119, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. SB 408. By: Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and Stumbaugh of the 55th: A BILL to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; and for other purposes. The following amendments were read and adopted: 2390 JOURNAL OF THE HOUSE, The House Committee on Judiciary moves to amend S. B. No. 408 as follows: Line 15, page 1, strike "fourteen" and substitute the word "eighteen". Representative Swann of the 90th moves to amend SB 408 by striking the "." on line 27, page 1 and by adding the following: "except that no exhibition of nudity shall be deemed lewd if not done in conjunction with any other sexually explicit conduct and if for the purpose of producing any stage play or visual or print medium having a serious literary, artistic, educational or scientific value.". The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following report of the Committee on Rules was read and adopted: HOUSE RULES SUPPLEMENTAL CALENDAR FRIDAY, MARCH 3, 1978 Mr. Speaker: Your Committee on Rules met and fixed this Supplemental Calendar for today's busi ness, Friday, March 3, 1978, and submits the following: SB 21 Legislative Service Committee; Membership The Speaker shall have the right to call the above Bill in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the Senate: SB 497. By: Senator Stephens of the 36th: A BILL to amend an Act approved March 3, 1939 authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes. SB 647. By: Senator Bell of the 5th: A BILL to amend an Act establishing districts in DeKalb County from which the members of the County Board of Education shall be elected, approved April 12, 1963, so as to change the compensation of the members of the board of education; and for other purposes. SB 648. By: Senator Bell of the 5th: A BILL to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education FRIDAY, MARCH 3, 1978 2391 shall be elected, approved April 12, 1963, so as to change the provisions relative to school board districts; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1887. By: Representative Vaughn of the 57th: A BILL to create a new charter for the City of Conyers; and for other purposes. HB 1851. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act placing the Sheriff of Brantley County upon an annual salary so as to change the provisions relating to the number of deputy sheriffs and their compensa tion; to change the provisions relating to automobiles; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1986. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen; and for other pur poses. The Senate insists on its substitute to the following Bill of the House: HB 1304. By: Representative Taggart of the 125th: A BILL to provide that the Commis sioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; and for other purposes. Representative Johnson of the 72nd arose to a point of personal privilege and addressed the House: Representative Games of the 43rd moved that the Committee of Conference appointed on the part of the House for the following Bill of the Senate be discharged and that a Second Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate: SB 236. By: Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st, Hudson of the 35th, and others: A BILL to amend an Act approved Mar. 16, 1972, known as the "Geo. L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the Geo. L. Smith II Georgia World Congress Center Authority relative to the operation and management of the Geo. L. Smith II Georgia World Congress Center; and for other purposes. The motion prevailed and the Speaker appointed as a Second Committee of Confer ence on the part of the House, the following members: Representatives Triplett of the 128th, Ham of the 80th, and McDonald of the 12th. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: 2392 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1503. By: Representatives Whitmire, Jackson and Wood of the 9th: A BILL to amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county; and for other purposes. HB 1312. By: Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th, Nichols of the 27th, Auten of the 154th, Owens of the 77th, Nix of the 20th, and Looper of the 8th: A BILL to amend Code Chapter 54-99, relating to crimes respecting industrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 519. By: Senator Lester of the 23rd: A BILL to amend Code Section 23-1704, relating to bonds required of contractors contracting with counties, so as to change the bond requirement; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 101, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), so as to remove the expiration date relative to said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. Laws 1977, p. 1123), is hereby amended by striking from Section 18 the fol lowing: "This Act shall stand repealed and be null and void on July 1, 1978.", so that when so amended Section 18 shall read as follows: "Section 18. Effective Date. Section 8 of this Act shall become effective on January 1, 1978. The remainder of this Act shall become effective upon approval by the Gover nor or upon becoming law without his approval and upon the appropriation of the FRIDAY, MARCH 3, 1978 2393 necessary funds to implement the provisions of this Act. The existence of the Board shall terminate five years after the effective date of this Act, unless granted authority to continue in existence by the General Assembly." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 96, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representative Wall of the 61st requested that he be recorded as voting "nay" on SB 565, by substitute. SB 21. By: Senators Eldridge of the 7th and Riley of the 1st: A BILL to amend an Act creating the Legislative Services Committee and the Office of Legislative Coun sel, approved March 10, 1959, so as to change the membership of the Commit tee; and for other purposes. The following Committee substitute was read: A BILL To amend an Act creating the Legislative Services Committee and the Office of Legis lative Counsel, approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act approved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), so as to change the membership of the Committee; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act approved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), is hereby amended by striking the first sentence of Section 1 which reads as follows: "There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the Presi dent of the Senate, the Chairman of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chair man of the Judiciary Committee of the Senate, the Chairman of the Judiciary Commit tee of the House of Representatives, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Chairman of the Ways and Means Committee 2394 JOURNAL OF THE HOUSE, of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate.", and inserting in lieu thereof a new first sentence to read as follows: "There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the Presi dent of the Senate, the President Pro Tempore of the Senate, the Chairman of the Judi ciary Committee of the Senate, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Majority Caucus Chairman of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the House of Representatives, the Chairman of the Ways and Means Committee of the House of Representatives, the Majority Caucus Chairman of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives.", and by striking the word "Six" and inserting in lieu thereof the word "Seven", so that when so amended Section 1 shall read as follows: "Section 1. There is hereby created the 'Lcgiolativc Scrvicca Committee', hereinafter called the Committee, te be composed ef the Speaker ef- the House ef- Representatives, Senate, the Chairman ef the Appropriations Committee ef the Hettse ef Representatives, Insurance Committee ef- the Senate, the Chairman ef the Ways and Mcana Committee ef the Houac ef Rcprcscntativco, the Clerk ef the House ef Rcprcocntativco, and- the Secretary ef the Senate. There is hereby created the 'Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Repre sentatives, the President of the Senate, the President Pro Tempore of the Senate, the Chairman of the Judiciary Committee of the Senate, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Majority Caucus Chairman of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the House of Representatives, the Chair man of the Ways and Means Committee of the House of Representatives, the Majority Caucus Chairman of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives. The Speaker of the House of Represented js shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of the Committee. The members of the Committee shall receive no additional allowances for service on the Committee while the General Assembly is in session but for each day spent in the performance of their duties hereunder between sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall meet on call of the Chairman. S Seven members of the Committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the Committee, provided such members present consti tute a quorum, shall be necessary to transact business of the Committee. The Chairman shall be entitled to vote on all matters requiring a vote of the Committee." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Irvin of the 23rd and Jones of the 126th move to amend the Commit tee substitute to SB 21 by adding on line 26 of page 3 after "Representatives," the fol lowing: "the Minority Leader of the House of Representatives and the Senate,". The Committee substitute, as amended, was adopted. FRIDAY, MARCH 3, 1978 2395 The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveauz, C. Dixon, H.D. Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, KG. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y PUewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. Representative McDonald of the 12th stated that he had been called from the floor of the House when the roll was called on SB 21, but had he been present would have voted "aye" thereon. SB 616. By: Senator Bell of the 5th: A BILL to amend Code Section 74-111, relating to reports of child abuse by physicians, treating personnel, institutions and others, so as to provide that reports shall be made to an appropriate police authority in the absence of a child welfare agency providing protective services; to provide immunity from liability for those making such reports; to provide an effective date; and for other purposes. An amendment, offered by Representative Wall of the 61st, was read and lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 2396 JOURNAL OF THE HOUSE, Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. N Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. N Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Greer, J.W. N Ham, B. Y Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. HiU, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinai, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 118, nays 14. The Bill, having received the requisite constitutional majority, was passed. Representative Wall of the 61st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 616. SB 622. By: Senator Howard of the 42nd: A BILL to amend an Act known as the "Revenue Bond Law", approved March 31, 1937, so as to change the provisions relating to the entry on bonds of a statement as to the validation of said bonds by judgment of a superior court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 422. By: Senators Kidd of the 25th, Brown of the 47th and Riley of the 1st: A BILL to amend Code Section 88-1911, relating to the refusal or revocation of staff privileges in public hospitals, so as to change the time limitation within which applications for permission to treat patients in such hospitals shall be acted upon; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 100, nays 0. FRIDAY, MARCH 3, 1978 2397 The Bill, having received the requisite constitutional majority, was passed. SB 604. By: Senators Robinson of the 27th, Russell of the 10th, Evans of the 37th and others: A BILL to authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Reserve Com ponents of the United States; to provide the procedures connected therewith; to provide an effective date; and for other purposes. The following amendment was read and adopted: Representative Coleman of the 118th moves to amend SB 604 by adding on page 1, line 3 between the words "the and Reserve", the word "Active". On page 1, line 11 between the words "the and Reserve," the word "Active". On page 1, line 24 before the word "Reserve," the word "Active". And further to add the word "Active" before the word "Reserve" or "Reservist" where applicable so as to distinguish between an active and an inactive reservist. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. N Childers, E.M. Y Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. N Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cor, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. N Davis, B. N Dean, D.C. Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. N Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. N Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby N White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 118, nays 16. The Bill, having received the requisite constitutional majority, was passed, as amended. 2398 JOURNAL OF THE HOUSE, The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1953. By: Representative Phillips of the 91st: A BILL to amend an Act requiring State agencies to require certain reports and agreements from nonprofit contractors who contract with and receive public funds from the State agency so as to exempt from the reporting requirements certain nonprofit corporations who have previously contracted with the State; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1953 by inserting on Page 3, line 24, before the word "an", the following: "an independent auditor or of. Representative Phillips of the 91st moved that the House agree to the Senate amend ment to HB 1953. On the motion, the ayes were 92, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1986. By: Representatives Cooper, Kaley, and Wilson of the 19th, Housley of the 21st, and Isakson, Nix, and Harrison of the 20th: A BILL to amend an Act reincorporating the City of Marietta and creating a new charter for said city so as to change the compensation of the mayor and councilmen; and for other pur poses. The following Senate substitute was read: A BILL To amend an Act reincorporating the City of Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), so as to change the compen sation of the mayor and councilmen; to change the penalty for violations of city ordi nances; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act reincorporating the City of Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), is hereby amended by striking from Section 2.12 of said Act the following: "$4,800.00", and inserting in lieu thereof the following: "$6,000.00", and by striking from said Section the following: "$400.00", and inserting in lieu thereof the following: "$500.00", and by striking from said Section the following: "$2,400.00", and inserting in lieu thereof the following: "$3,600.00", FRIDAY, MARCH 3, 1978 2399 and by striking from said Section the following: "$200.00", and inserting in lieu thereof the following: "$300.00", so that when so amended Section 2.12 shall read as follows: "Section 2.12. Salaries; reimbursement of expenses. The salaries of the mayor and each councilman shall be as prescribed by ordinance, subject to any limitations on the taking effect of same as prescribed by law. The council may also provide by ordinance for the reimbursement of expenses incur red in the performance of their official duties as mayor and councilmen. Until changed by ordinance, the mayor shall be paid a salary of $6,000.00 per year, payable in equal monthly installments of $500.00 for attending council and committee meetings, plus $110.00 monthly, for expenses incurred for and in behalf of the city for travel within the city; until changed by ordinance, all other members of the council shall receive a salary of $3,600.00 per year, payable in equal monthly installments of $300.00 for attending council and committee meetings, plus $100.00 monthly for expenses incur red for and in behalf of the city for travel within the city. All members of the council shall be entitled to reimbursement for reasonable travel expenses and reasonable official business expenditures incurred outside the limits of the city for and in behalf of the city; provided, however, that reimbursement for such expenses shall not be made until an itemized voucher for such expenses has been submitted to and approved by the city finance officer." Section 2. Said Act is further amended by striking paragraph (2) of Section 6.3 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) Upon conviction, to sentence any offender to labor upon the streets or public works in said city for a period not exceeding thirty (30) days; to impose a fine not exceeding one thousand dollars ($1,000.00) or to sentence said offender to be confined in the jail or other place of imprisonment in the county not exceeding sixty (60) days, either one or more of said penalties." Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Kaley of the 19th moved that the House agree to the Senate substitute to HB 1986. On the motion, the ayes were 103, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1304. By: Representative Taggart of the 125th: A BILL to provide that the Commis sioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; and for other purposes. Representative Taggart of the 125th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1304 and that a Committee of Conference be 2400 JOURNAL OF THE HOUSE, appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Rowland of the 119th, Karrh of the 106th, and Taggart of the 125th. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time: SB 629. By: Senator Johnson of the 34th: A BILL to amend Code Section 68A-706, rela tive to overtaking and passing a school bus, approved March 18, 1976, so as to change the speed limit of school buses on a public road which is a part of a National System of Interstate and Defense Highways; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 105, nays 1. The Bill, having received the requisite constitutional majority, was passed. SB 414. By: Senator Reynolds of the 48th: A BILL to amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968, so as to change certain provisions relating to inadmissibility into evidence of evidence obtained by law enforcement officers using speed detection devices; and for other purposes. The following amendment was read and adopted: Representative Pilewicz of the 41st moves to amend SB 414 as follows: Deleting lines 18, 19, and 20 on page 1 and insert thereof on a new line 18 the follow ing: "one-half mile" so that "one-half mile" will be stricken. Beginning on line 24, page 1 insert the words "inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality,". The numbers "600 feet" shall replace the deleted words "one-half mile". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. FRIDAY, MARCH 3, 1978 2401 Y Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Celling, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Si2emore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 125, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 410. By: Senators Foster of the 50th and Overby of the 49th: A BILL to amend an Act known as "The Georgia Public Assistance Act of 1965", approved March 30, 1965, so as to provide for certain fraudulent offenses relative to food stamps and to provide for penalties in connection therewith; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 107, nays 3. The Bill, having received the requisite constitutional majority, was passed. HR 641-1790. By: Representative Oldham of the 14th: A RESOLUTION compensating Mr. James S. Payne, Jr.; and for other purposes. The following amendment was read and adopted: The Committee on Appropriations moves to amend HR 641-1790 by striking the amount "$79.90" on line 6, page 2 and inserting in lieu thereof the amount "$58.58". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, the ayes were 140, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, as amended. 2402 JOURNAL OF THE HOUSE, The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitute thereto: HB 1887. By: Representative Vaughn of the 57th: A BILL to create a new charter for the City of Conyers; and for other purposes. The following Senate amendment was read: The Senate moves to amend House Bill 1887 as follows: By inserting on line 31 of page 3, after the word and semicolon "severability;", the following: "to provide for a referendum;". By renumbering Sections 8-107 and 8-108 as Sections 8-108 and 8-109, respectively. By adding a new Section 8-107, to read as follows: "Section 8-107. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Conyers to issue the call for an election for the purpose of submitting this Act to the electors of the City of Conyers for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superinten dent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Rockdale County. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the Act creating a new charter for the City of Conyers be approved?' All persons desiring to vote for approval of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No'. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Conyers. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." Representative Vaughn of the 57th moved that the House agree to the Senate amend ment to HB 1887. On the motion, the ayes were 103, nays 0. The motion prevailed. HR 714-1916. By: Representatives Murray of the 116th, and Castleberry of the lllth: A RESOLUTION proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; and for other purposes. The following Senate substitute was read: FRIDAY, MARCH 3, 1978 2403 A RESOLUTION Proposing an amendment to the Constitution so as to create the Downtown Americus Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Americus to contract with the Authority for the use by the City of Americus or the residents thereof of any facilities or services of the Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. Article IX, Section VIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: "DOWNTOWN AMERICUS AUTHORITY. 1. Creation. There is hereby created a body corporate and politic to be known as the Downtown Americus Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof. 3. Membership. The Authority shall consist of twelve members appointed by the Mayor and Council of Americus and the Mayor of Americus who shall serve as an ex officio voting member. All members shall be citizens of the United States. The original members of the Authority shall be appointed as follows: four for a term of six years; four for a term of four years; and four for a term of two years. Thereafter, all members shall be appointed for a term of six years each and until their successors are appointed and qualified. Any member of the Authority may be appointed to succeed himself after the expiration of one year following a regular term of office. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall meet at least once each month. The Authority shall elect one of its members as Chairman who shall be elected for a term of one year or until his successor is elected and qualified and annually thereafter the Authority shall elect one of its members as Chairman in the same manner for a one-year term. The Authority shall also elect a Vice Chairman and Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Author ity. No member of the Authority shall hold more than one office except that of Secre tary and Treasurer. Seven members of the Authority shall constitute a quorum. A majority of the members is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or other wise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the 2404 JOURNAL OF THE HOUSE, performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: A. The word 'Authority' shall mean the Downtown Americus Authority herein cre ated. B. The word 'projects' or 'project' shall be deemed to mean and include the acqui sition, construction, equipping, maintenance and operation of any public project, public building or other public facility, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the neces sary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement and recreation. C. The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all con veyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein author ized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. D. The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, pp. 36, et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. E. Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Author ity therefrom, including, but not limited to, any revenues derived from the City of Americus or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: A. To adopt and alter a corporate seal; B. To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; C. To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advan- FRIDAY, MARCH 3, 1978 2405 tage of the Authority; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; D. To appoint, select and employ officers, agents and employees, including engi neering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; E. To make contracts and leases and to execute all instruments necessary or con venient, including contracts for construction of projects and leases of projects or con tracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with the United States of America or any agency or instrumentality thereof, and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Americus is hereby authorized to enter into contracts and related agreements for the use by the City of Americus or the residents thereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; F. To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of Amer ica or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; G. To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumental ity may require; H. To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision may require; I. To purchase, take, receive by gift, will or otherwise, lease, or otherwise own, hold, improve, use and otherwise deal in and with, real and personal property, or any interest therein, wherever situated; J. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; K. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and L. To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issu ance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not 2406 JOURNAL OF THE HOUSE, exceeding 40 years from their date or dates, shall be payable in such medium of pay ment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both prin cipal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the offi cial seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such man ner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the pur pose provided in the proceedings authorizing the issuance of such bonds. 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the pre paration of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Americus, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, author ity, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Con stitution of the State of Georgia, but any such municipality, county, authority or polit ical subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source with- FRIDAY, MARCH 3, 1978 2407 out creating a debt within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Author ity and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the reso lution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construc tion of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consult ing engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corpo rations. In addition to the foregoing, such trust indenture may contain such other provi sions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall Be Paid. The Authority shall, in the resolution provid ing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and inter est and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issu ance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 2408 JOURNAL OF THE HOUSE, 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provi sions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be per formed by the Authority, or any officer thereof, including the fixing, charging, and col lecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. 19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstand ing, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be gov erned by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to the valida tion of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accord ance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Author ity remain outstanding, the powers, duties or existence of said Authority or of its offi cers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to pre scribe and fix rents and rates and to revise same from time to time and to collect pay ments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, better ment or extension of its undertakings or projects; and to pledge to the punctual pay ment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or exten sions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects FRIDAY, MARCH 3, 1978 2409 constructed under the provisions hereof, including the basis on which services and facili ties, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exer cise of the powers conferred upon it hereunder in the development and promotion of civic, cultural and historical growth, public welfare, trade, commerce, tourism, education, amusement, recreation or to alleviate traffic congestion in the City of Americus and thereby better protect the lives and property of its residents and others using its streets. 27. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contrac tual obligations of the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obli gation. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Consti tution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Effective Date. This amendment shall be effective immediately upon procla mation of its ratification by the Governor. 31. General Assembly. This amendment is self-executing and does not require any enabling legislation for it to become effective. However, the General Assembly may, by local Act, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regu late the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the cor porate limits of the City of Americus, Georgia, as the same now or may hereafter exist." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to create the Downtown Americus Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Americus and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Americus to contract with the Authority?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. 2410 JOURNAL OF THE HOUSE, Representative Castleberry of the lllth moved that the House agree to the Senate substitute to HR 714-1916. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 144, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, H.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watoon, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 997. By: Representative Burruss of the 21st: A BILL to amend an Act known as the "Structural Pest Control Act", as amended, so as to provide that licenses issued pursuant to said Act shall be valid throughout the State with certain excep tions; to provide an effective date; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 997 by deleting at the end of the last sentence, on line 27, the period; and By inserting in lieu thereof a semicolon, and the following language: "provided, further, that any municipality or county which levies a general occupa tion or business license tax which is based on gross receipts, shall have the power to levy and collect an occupational, license, or professional tax upon any licensee under this Act transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross revenues derived from transactions with respect to prop erty located within the boundaries of the taxing jurisdictions." Representative Burruss of the 21st moved that the House agree to the Senate amend ment to HB 997. FRIDAY, MARCH 3, 1978 2411 On the motion, the ayes were 105, nays 0. The motion prevailed. HB 1967. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend an Act known as the "Georgia Water Quality Control Act" so as to authorize the approval of county or private projects for which loans or grants under any Federal Act are made; to provide updated citations to the federal law relating to the construction grants program; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1967 by adding on page 4, line 30, immediately fol lowing the word "Engineers", the following: "as to which a public hearing has been held". Representative Lambert of the 112th moved that the House agree to the Senate amendment to HB 1967. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Gignilh'at, A. Y Glanton, Tom Y Glover, M. Greece, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. RandaU, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 120, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: 2412 JOURNAL OF THE HOUSE, HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. Representative Daniel of the 88th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1907 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Truluck of the 86th, Swann of the 90th, and Daniel of the 88th. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 1503. By: Representatives Whitmire, Jackson and Wood of the 9th: A BILL to amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, so as to authorize an increase in the amount of bond required to be given to the county; to pro vide limitations; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 92-4801, relating to the amount and conditions of bonds that tax collectors and tax commissioners are required to give to the State and county, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 92-4801 to read as follows: "92-4801. Amount and conditions of bonds, (a) Tax collectors and tax commissioners shall give bond and security for 40 percent of the State tax supposed to be due from the county for the year for which said officer is required to give bond, the amount of bond to be filled up by the State Revenue Commissioner before being sent out to the county from the executive office}. ad The bond so required shall not exceed $50,000. (b) Tax collectors and tax commissioners shall give another a bond with sufficient security, payable to the ordinary er other officials charge ef county affaire county gov erning authority, conditioned for the faithful performance of his duties as tax collector or tax commissioner for the collection of the county tax, in a sum to be fixed by 9eh ordinary or ether county officials: Provided, however, that ttt a ease shatt the ben4 required en behalf of the State exceed $&61eoO er the the county governing authority. The bond required on behalf of the county shall not exceed $60,000 $100,000." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. FRIDAY, MARCH 3, 1978 2413 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Whitmire of the 9th moved that the House agree to the Senate substi tute to HB 1503. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y BumiM, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Cames, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y CUrk, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. YHam, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawking, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkira, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 142, nays 0. The motion prevailed. HB 1368. By: Representatives Robinson of the 58th, Evans of the 84th, Harrison of the 20th, Home of the 104th, Tucker of the 73rd, Childs of the 51st, Butler and Tolbert of the 56th, and others: A BILL to amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to prohibit certain transactions in objects intended primarily for use with narcotic drugs or marijuana; to provide under what circumstances objects may be deemed to be intended primarily for such use; to provide penalties; to provide an effective date; and for other pur poses. The following Senate substitute was read: A BILL To amend Code Chapter 79A-8, the Georgia Controlled Substances Act, so as to pro hibit certain transactions in objects intended primarily for use with narcotic drugs or mari juana; to provide for definitions; to provide penalties; to provide for severabihty; to provide an effective date; to repeal conflicting laws; and for other purposes. 2414 JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 79A-8, the Georgia Controlled Substances Act, is hereby amended by inserting between Code Sections 79A-811 and 79A-812 a new Code Section, to read as follows: "79A-811.1. Transactions in drug-related objects prohibited. (a) 'Drug-related object' means any instrument, device or object which is primarily intended for one or more of the following purposes: (1) To inject, ingest, inhale or otherwise introduce into the human body marijuana or a controlled substance; (2) To enhance the effect on the human body of marijuana or a controlled sub stance; (3) To test the strength, effectiveness, or purity of marijuana or a controlled sub stance. (b) It shall be unlawful for any person ('transferor') to sell, offer to sell, exchange, or offer to exchange any drug-related object to any person but one whom the transferor knows to be authorized by law to possess or have under his control marijuana or a con trolled substance for which the object is primarily intended to be used. (c) Any person who shall violate any provision of this Section shall be guilty of a mis demeanor and, upon conviction thereof, shall be punished as for a misdemeanor." Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. 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 hereby repealed. Representative Robinson of the 58th moved that the House agree to the Senate sub stitute to HB 1368. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 1636. By: Representatives Baugh of the 108th, and Parham of the 109th: A BILL to amend an Act providing for physician's assistants and known as the "Physician's Assistants Act" so as to exempt certain physician's assistants from certain examination requirements; and for other purposes. The following Senate amendments were read: The Senate moves to amend HB 1636 by striking on Page 1, line 15, the following: "April 1, 1978", and inserting in lieu thereof the following: "July 1, 1975". The Senate moves to amend H. B. 1636 as follows: FRIDAY, MARCH 3, 1978 2415 By inserting following the word "requirements" on line 5, of page 1, the following: "; to provide for the utilization of physicians' assistants who are employed by a public or private health care institution, hospital or organization; to change certain restrictions on the number of physicians' assistants who may be employed". By renumbering Section 2 as Section 4. By adding, following Section 1, a new Section 2, to read as follows: "Section 2. Said Act is further amended by striking subsection (e) of Section 4 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: '(e) No physician shall have more than two physician's assistants in his employ ment at any one timej provided, however, that there shall be no restriction on the number of physicians' assistants who are employed by a public tw private health care institution, hospital or organization and who are under the supervision of a licensed physician who is employed by such public or private health care institution, hospital or organization or who is a member of the staff of such public or private health care institution, hospital or organization. Nothing in this Act shall prevent a physician from submitting a new job description when a physician's assistant, by reason of further education or experience and success fully passing additional test(s) as shall be outlined and administered by the Board of Medical Examiners, becomes capable of performing a wider range of medical tasks. A physician's assistant as defined under this Act shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this Act shall preclude a physician's assistant from making house calls, hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform. A physician's assistant may not be utilized to perform the duties of a pharmacist licensed under Code Chapter 79A-4, relating to pharmacists, as now or hereafter amended. A physician employed by the State Health Department or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the State Health Department or by any institution thereof or by a local health department.'" By adding, following Section 2, a new Section 3, to read as follows: "Section 3. Said Act is further amended by adding, following Section 4, a new Section 4A, to read as follows: 'Section 4A. Physicians' assistants employed by hospitals. Any other provision of this Act to the contrary notwithstanding, the Board is hereby authorized to provide alternative requirements for the certification and utilization of persons as physicians' assistants when such persons are employed by or through a public or private health care institution, hospital or organization. The Board may exempt any such physician's assistant from any requirement of this Act.'" Representative Baugh of the 108th moved that the House agree to the Senate amend ments to HB 1636. On the motion, the roll call was ordered and the vote was as follows: 2416 JOURNAL OF THE HOUSE, Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Beoefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y BUTTUH, A.L. Y Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Y Carrell, B. Y Cason, G. Castleberry, D. Chance, G. Y Childers, E.M. Childs, P. Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. COT, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y GanmuuKi L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Under, J. Y Logan, H. Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the motion, the ayes were 134, nays 0. The motion prevailed. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1530. By: Representatives Dover of the llth, Clark of the 13th, Phillips of the 91st, Childs of the 51st, Foster of the 6th, Wood of the 9th, Kilgore of the 65th, Scott of the 37th, Dean of the 29th, and others: A BILL to amend an Act creat ing the Georgia State Commission of Indian Affairs so as to strike the provision providing for repeal of the Act; to provide an effective date; and for other pur poses. The following Senate substitute was read: A BILL To amend an Act creating the Georgia State Commission of Indian Affairs, approved March 23, 1977 (Ga. Laws 1977, p. 764), so as to redefine the purpose of the commission; to change the membership of the commission; to specify a quorum; to provide for deletion of obsolete provisions; to strike the provision providing for repeal of the Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: *, SuC ooi0?r,i; *%, ACT creatin& the Georgia State Commission of Indian Affairs, approved March 23 1977 (Ga. Laws 1977, p. 764), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows: "Section 2 Purposes for creation.-The purposes of the commission shall be to deal fairly and effectively with Indian affairs; to bring local, State, and federal resources into focus for the implementation or continuation of meaningful programs for Indian citizens FRIDAY, MARCH 3, 1978 2417 of the State of Georgia; to provide aid and protection for Indians as needs are demon strated; to prevent undue hardships; to assist Indian communities in social and economic development; and to promote recognition of and the right of Indians to pursue cultural and religious traditions considered by them to be sacred and meaningful to native Americans.", and substituting in lieu thereof a new Section 2 to read as follows: "Section 2. Purposes for creation.--The purpose of the commission shall be to pre serve and foster the culture and heritage of Indians and Indian descendants in this State and to designate an agency to deal with specific federal programs which are required to be dealt with only by an Indian agency or organization. It is not the purpose of the com mission to deal with programs already administered by other agencies." Section 2. Said Act is further amended by striking in its entirety Section 4 thereof and substituting in lieu thereof a new Section 4 to read as follows: "Section 4. Membership.--The Georgia State Commission of Indian Affairs shall con sist of eight nine members as follows: two members who shall be Indians appointed by the organization which is recognized by the Commiaaion ef Indian Affairs te be- the legat tribal organization ef- Chcrokcc Indians in this State; two members who shall be Indiana appointed by the organization which is recognized by the Commiaaion ef- Indian Affairs te be the legal tribal organization ef Creek Indiana thw State; two four members appointed by the Governor not less than one of whom shall be a Creek Indian and not less than one of whom shall be a Cherokee Indian; ene member who shall be eat Indian appointed by the Speaker ef the House; and ene member two members who shall be a Indian Indians appointed by the Lieutenant Governor; one member who shall be the Commissioner of the Department of Community Affairs; and two members who shall be Indians appointed by the Speaker of the House from a list of six or more names recom mended to the Speaker by the other seven members of the commission. The initial members of the commission shall be appointed within 60 days after the effective date of this Act Section. Per the purposes ef- the initial appointment ef the members ef the commission, the Governor shall designate the organization which is the legal tribal erga- organization ef Creek Indians in this State. One ef the initial members appointed by each tribal organization o4 ene Two of the initial members appointed by the Governor shall be appointed to a tewa terms of two years; and ene ef- the initial members appointed by eaeh tribal organization and ene two of the initial members appointed by the Governor shall be appointed for a term terms of four years. he One each of the initial members appointed by the Speaker of the House and the Lieutenant Governor shall be appointed to terms of two years and of four years. Thereafter, successors shall be appointed as provided above for terms of four years. Members of the commission shall serve until their successors are appointed and qualified. Each member of the com mission shall be entitled to receive the same compensation as provided for members of certain State boards and commissions in Section 4 of an Act providing for the compen sation and allowance of certain State officials, approved April 13, 1973 (Ga. Laws 1973, p. 701), as now or hereafter amended. Any member of the commission who was appointed as an Indian may be removed from the commission by the officer making the initial appointment, upon recommendation of a majority of the other members of the commission, when it appears that the member's Indian status was fraudulently claimed." Section 3. Said Act is further amended by striking from subsection (b) of Section 5 thereof the following: "Three-fourths", and substituting in lieu thereof the word: "Six", so that when so amended subsection (b) of Section 5 shall read as follows: "(b) Three-fourths Six of the members of the commission must be present to consti tute a quorum." Section 4. Said Act is further amended by striking in its entirety Section 6 thereof and substituting in lieu thereof a new Section 6 to read as follows: 2418 JOURNAL OF THE HOUSE, "Section 6. The commission created by this Act is hereby assigned to the Department of Community Affairs for administrative purposes only, as provided in Section 3 of the Executive Reorganization Act of 1972 (Ga. Laws 1972, p. 1015), as now or hereafter amended. If a Department ef Community Affaira is not created, the Commiaaion is hereby assigned te the Department ef- Industry and- Trade for- administrative purposes as provided i section 8 el the Executive Reorganization Aefc ef 1972- (Gar Lr 1972, 1016), as new or hereafter amended, and the reaponsibilitica ef- the Department ef Industry an4 Trade eader this section are hereby aasigncd te the Burcou ef Community AtiQiFS tft tftc Uopftpindent ot iHQustpy onci i Pftdc. Section 5. Said Act is further amended by striking the second sentence of Section 7 thereof, which reads as follows: "This Act shall stand repealed and be null and void on July 1, 1978.", so that when so amended Section 7 shall read as follows: "Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shaH atend repealed and be naU and voiu uii uuiy fj Liy i o. -- ~! J f^j* l..llT 1_ 1 0*70 ** Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Dover of the llth moved that the House agree to the Senate substitute to HB 1530. On the motion, the ayes were 106, nays 0. The motion prevailed. HB 1312. By: Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th, Nichols of the 27th, Auten of the 154th, Owens of the 77th, Nix of the 20th, and Looper of the 8th: A BILL to amend Code Chapter 54-99, relating to crimes respecting industrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty; and for other purposes. The following Senate substitute was read: A BILL To amend Code Section 26-2020, relating to enticing a child for indecent purposes, so as to include within said offense enticing or allowing a child to participate in sexual con duct for the purpose of producing obscene material; to provide for definitions in connec tion therewith; to provide that consent by a child shall be no defense; to change the provisions relating to penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 26-2020, relating to enticing a child for indecent purposes, is hereby amended by striking from said Code Section the following: "and upon conviction shall be punished by imprisonment for not less than one nor more than 20 years.", and inserting in lieu thereof the following: ", including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. Any parent, legal guardian, or person having custody or control of a minor commits enticing a child for indecent purposes when he knowingly permits such minor to engage in, or to assist any other person to FRIDAY, MARCH 3, 1978 2419 engage in, child molestation or indecent acts, including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct' means sexual conduct as defined by para graph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to par ticipate in any act or conduct proscribed in this Section shall not be a defense. Any person convicted of enticing a child for indecent purposes shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years or by a fine of not more than $10,000, or by both.", so that when so amended Code Section 26-2020 shall read as follows: "26-2020. Enticing a Child for Indecent Purposes. A person commits enticing a child for indecent purposes when he solicits, entices, or takes any child under the age of 14 to any place whatsoever for the purpose of child molestation or indecent acts aael upon conviction shall be punished by impriaonmcnt for net less than one fter mete than 20 years. 4 including enticing or allowing any such child to participate in any sexual con duct for the purpose of producing obscene material. Any parent, legal guardian, or person having custody or control of a minor commits enticing a child for indecent pur poses when he knowingly permits such minor to engage in, or to assist any other person to engage in, child molestation or indecent acts, including enticing or allowing any such child to participate in any sexual conduct for the purpose of producing obscene material. As used herein 'obscene material' means obscene material as defined by subsection (b) of Code Section 26-2101, and 'sexual conduct' means sexual conduct as defined by para graph (3) of said subsection (b) of Code Section 26-2101. The consent by a child to par ticipate in any act or conduct prescribed by this Section shall not be a defense. Any person convicted of enticing a child for indecent purposes shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one nor more than 10 years or by a fine of not more than $10,000, or by both." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Swann of the 90th moved that the House disagree to the Senate sub stitute to HB 1312. The motion prevailed. HB 1836. By: Representative Kemp of the 139th: A BILL to amend an Act known as the "Georgia Motor Vehicle Accident Reparations Act" so as to change certain provisions relating to abrogation; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1836 by striking on Page 1, line 5, the word "abroga tion" and substituting in lieu thereof the word "subrogation". Representative Kemp of the 139th moved that the House agree to the Senate amend ment to HB 1836. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. YArgo, B. Auten,D. YBalkcom, R. YBargeronE. Y Battle, Joe Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. Y Caoon G. Castleberry, D. Y Chance, G Y Childers, E.M. * ^'.L Y Clark, Betty Y Clark, L Clifton, A.D. YColeman T. Y CoUms M Y Colwell C.H. ConneU.J. ^"""wl' Cot.W.K Y Crosby, T Y Culpepper, B. 2420 JOURNAL OF THE HOUSE, Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveaur, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.^r. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. HU1, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Moetiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nensmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y PhiUips, L.L. Y Phillips, R.T. Y PhiUips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Snow, Wayne^Jr. Y Steinberg, C. Stone, R. Y Swann, D. On the motion, the ayes were 123, nays 1. The motion prevailed. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker Representative Lee of the 72nd arose to a point of personal privilege and addressed the House. The following Resolutions of the House were read and adopted: HR 838. By: Representatives Smith of the 42nd, Reaves of the 147th, Battle of the 124th, Long of the 142nd and others: A RESOLUTION relative to exploration for oil and natural gas on the Outer Continental Shelf; and for other purposes. HR 839. By: Representatives Colwell of the 4th, Jones of the 126th, Hays of the 1st, Murphy of the 18th and others: A RESOLUTION wishing a speedy recovery for Honorable Bill Williams; and for other purposes. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate: SR 372. By: Senator Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolutions of the House: FRIDAY, MARCH 3, 1978 2421 HR 673-1888. By: Representative Vaughn of the 57th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for the recall of elected offi cials of Rockdale County and of municipalities within Rockdale County; to pro vide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elec tions; to provide for the filling of vacancies; and for other purposes. HR 718-1944. By: Representative McDonald of the 12th: A RESOLUTION proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Jackson County; and for other purposes. HR 722-1944. By: Representatives Tolbert, Butler and Johnston of the 56th, Richardson of the 52nd, Williamson of the 45th, Robinson of the 58th, Clark of the 55th, Linder of the 44th, and others: A RESOLUTION proposing an amendment to the Constitution so as to provide requirements relative to setting the ad valorem tax millage rates for educational and county government purposes by the Board of Education and Board of Commissioners of DeKalb County; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House: HR 49-217. By: Representatives Tolbert, Butler and Johnston of the 56th, Childs of the 51st, Robinson of the 58th, Steinberg of the 46th, Lenderman of the 53rd, Hawkins of the 50th, Elliott of the 49th, and others: A RESOLUTION propos ing an amendment to the Constitution so as to exempt from ad valorem prop erty taxes levied by DeKalb County and the DeKalb County School System the value of certain improvements in DeKalb County; and for other purposes. HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 727-1960. By: Representative Vaughn of the 57th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and immunities of said Authority and the City of Conyers in relation to said Authority; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: 2422 JOURNAL OF THE HOUSE, HB 1629. By: Representatives Snow of the 1st, Hatcher of the 131st, Carnes of the 43rd, and Taggart of the 125th: A BILL to provide for the safety of bus passengers; to provide for a short title ("Bus Passenger Safety Act"); to provide for defini tions; to prohibit certain acts, actions and activities; to define the offense of bus hijacking; to define the offense of assault with the intent to commit bus hijacking; and for other purposes. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees: SB 497. By: Senator Stephens of the 36th: A BILL to amend an Act approved March 3, 1939 authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 647. By: Senator Bell of the 5th: A BILL to amend an Act establishing districts in DeKalb County from which the members of the County Board of Education shall be elected, approved April 12, 1963, so as to change the compensation of the members of the board of education; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SB 648. By: Senator Bell of the 5th: A BILL to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963, so as to change the provisions relative to school board districts; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. SR 372. By: Senator Bell of the 5th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on State Planning & Community Affairs - Local. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1638. By: Representatives Snow of the 1st, Walker of the 115th, Butler of the 56th, Hatcher of the 131st, Carnes of the 43rd, Karrh of the 106th, and Taggart of the 125th: A BILL to amend an Act known as the "Georgia Records Act" so as to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules; and for other purposes. By unanimous consent, all House Bills and Resolutions and all amended or substi tuted Senate Bills and Resolutions passed this day were ordered immediately transmitted to the Senate. FRIDAY, MARCH 3, 1978 2423 The Speaker and Speaker Pro Tern alternated serving as presiding officer of the House during today's proceedings. Pursuant to SR 368, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock, Monday morning, March 6, 1978. 2424 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia Monday, March 6, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Adams, G. Adams, Marvin Anderson, W. Argo, B. Auten, D. Balkcom, R. Bargeron, E. Battle, Joe Baugh, W.E. Beck, J.M. Beckham, B. Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. BUITUSS, A.L. Burton, J. Butler, D. Carlisle, J. Carries, C. Cason, G. Castleberry, D. Chance, G. Childers, E.M. Childs, P. Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Connell, J. Cooper, B. Cox, W.E. Crosby, T. Culpepper, B. Daniel, G. Davis, B. Dent, R.A. Deveaui, C. Diion, H.D. Dover, Bill Edwards, W. Elliott, E.H. Evans, W.D. Felton, D. Foster, P.W. Foster, R.L. Galer, M. Gammage, L. Gignilliat, A. Glanton, Tom Greene, J. Greer, J.W. Ham, B. Harris, B.B.,Sr. Harris, J.F. Harrison, C. Hatcher, C.F. Hawkins, J. Hays, F.,Jr. Hill, B.L. Hohnes, Bob Horton, G.T. Housley, E. Hutchmson, R.S. Irvin, J. Irvin, R. Isakson, J. Jackson, J.D. Jessup, Ben Johnson, G. Johnson, P. Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Kaley, M. Karrh, R. Keyton, J.W. Kilgore, T.M. Knight, N.G. Lambert, Roy Lane, Dick Lane, W.J. Lee, W.J.(Bill) Linder, J. Logan, H. Long, W.K. Looper, M. Lord, J. Mann, C.C. Marcus, S.J. Matthews, D.R. McCollum, H. McKinney, J.E. MUford, B. Money, J. Mostiler, J.L. Mufflnax, E.G. Murray, B. Nessmith, P.E. Nichols, M. Nil, K. Noble, Bill Oldham, L. Owens, R.D. Parham, B.E. Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. Pilewicz, G. Rainey, H. Ralston, E. Ramsey, T. Reaves, H.L. Richardson, E. Robinson, C. Rosa, Ben B. Rowland, J.R. Rush, Dewey Russell, J. Savage, J. Scott, A. Sizemore, E. Smith, V.B. Smyre, C. Snow, Wayne,Jr. Steinberg, C. Stone, R. Swann, D. Taggart, T. Thompson, A.W. Tolbert, T. Townsend, K.V. Triplett, Tom Truluck, R. Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. Waddle, T.W. Walker, L. Wall, V. Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Whitmire, D. Williams, R. WUliamson, G. Wilson, J.M. Wood, J. Wood, J.T. Mr. Speaker Prayer was offered by the Reverend Grover Bell, Pastor, Cross Keys United Methodist Church, Macon, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. MONDAY, MARCH 6, 1978 2425 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolution of the Senate were read the second time: SB 497 SB 647 SB 648 SR 372 Representative Wood of the 9th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 295 Do Pass Respectfully submitted, Wood of the 9th Chairman Representative Lane of the 81st District, Chairman of the Committee on Highways, submitted the following report: Mr. Speaker: Your Committee on Highways has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the follow ing recommendation: SR 263 Do Pass, by Substitute Respectfully submitted, Lane of the 81st Chairman Representative Horton of the 43rd District, Chairman of the Committee on Industry, submitted the following report: Mr. Speaker: Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 625 Do Pass, as Amended SB 239 Do Pass, by Substitute SB 238 Do Pass, as Amended Respectfully submitted, Horton of the 43rd Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: 2426 JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on State Planning & Community Affairs has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 247 Do Pass Respectfully submitted, Adams of the 36th Chairman Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 575 Do Pass, by Substitute SR 323 Do Pass, as Amended SR 347 Do Pass SR 351 Do Pass, as Amended SB 600 Do Pass SB 645 Do Pass SB 646 Do Pass Respectfully submitted, Clark of the 55th Vice-Chairman Representative Dixon of the 151st District, Chairman of the Committee on Temper ance, submitted the following report: Mr. Speaker: Your Committee on Temperance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 535 Do Pass Respectfully submitted, Dixon of the 151st Chairman Representative Phillips of the 120th District, Vice-Chairman of the Committee on Ways & Means, submitted the following report: Mr. Speaker: Your Committee on Ways & Means has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 218 Do Pass, by Substitute Respectfully submitted, Phillips of the 120th Vice-Chairman MONDAY, MARCH 6, 1978 2427 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 6, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Monday, March 6, 1978, and submits the following: SB 43 Department of Acturial Services; Create SB 73 Officials and Employees, Itemized Expense SB 399 Criminal Justice Planning & Coordination Act SB 405 Board of Pharmacy, Additional Member SB 424 Hospital Authorities; Filling Vacancies SB 430 Fair Business Practices, Charities, Soliciting SB 441 Minors/Drug Related Objects; Prohibit Sale Etc. SB 444 Posttrial Procedure; Dismissal of Appeals SB 467 Property Insurance Discrimination; Actions SB 499 State Officials, Compensation and Allowances SB 508 Hunting; Board of Nat. Resources; Hunter Education Courses SB 512 Torts, Action Against Manufacturer SB 514 Insurance; Surplus Line Brokers; Record-Ins-Comm. SB 515 Prosecuting Attorney, Training Courses; Credit SB 530 Insurance Policies; Pre-existing Illness-Benefits SB 534 Guardian, Ward, Appointed by Surviving Parent SB 547 Foreign Corporations, Venue Requirements SB 551 State Buildings, Facilities, GBI and State Patrol SB 552 Dept. of Adm. Services; Motor Pools SB 557 APEG; Adult Education Programs; Community Ed. Activities SB 581 Permanent Alimony, Legislative Intent SB 582 Chiropractic College, Qualifications SB 606 Insurance Rates, Applicability Workmens' Comp. (Rec.) SB 615 APEG; Certification as a Teacher, Principal, Counselor SR 72 William J. Northen's Portrait; Relative to SR 125 Convey Property, Emanuel County SR 289 Income Tax, Cost of Living Factors SR 292 Stop Drugs at Source, Study Committee SR 297 Georgia School Law Recodification Committee; Create Study SR 298 Coordinating Committee for Exceptional Individuals SR 307 Tax Reform Commission; Create SR 353 Designate Wallace Adams Golf Course The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman By unanimous consent, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time: SB 575. By: Senator Wessels of the 2nd: A BILL to repeal an Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970; or any such future census, approved March 21, 1974; to provide an effective date; and for other purposes. 2428 JOURNAL OF THE HOUSE, The following Committee substitute was read and adopted: A BILL To amend an Act fixing the compensation of sheriffs in all counties of this State hav ing a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), so as to change the compensation of the sheriffs in such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), is hereby amended by striking from Section 1 the following: "$18,000.00", and inserting in lieu thereof the following: "$25,000.00", so that when so amended, Section 1 shall read as follows: "Section 1. Notwithstanding any other provisions of law to the contrary, in all coun ties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census, the Sheriff of any such county shall receive an annual salary of $25,000.00 payable in equal monthly installments from the funds of such county." Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 600. By: Senators Stephens of the 36th, Brantley of the 56th, Tate of the 38th and others: A BILL to amend an Act creating a new charter for the City of Alpharetta, Georgia, approved March 3, 1961, so as to de-annex certain prop erty belonging to Fulton County, Georgia, and located within the city limits of Alpharetta, Georgia; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 645. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. MONDAY, MARCH 6, 1978 2429 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 646. By: Senator McGill of the 24th: A BILL to provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibi tions for the mayor and council; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 323. By: Senator Bell of the 5th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the form of government of DeKalb County and, in connection there with, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legislation adopted pursuant to such authority shall be conditioned for its effective ness on approval of the voters of DeKalb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: "Any other provision of this Constitution to the contrary notwithstanding, in addition to any powers heretofore possessed by the General Assembly, the General Assembly may provide by law for the form of government of DeKalb County and, in connection there with, may create or establish the various officers, bodies, branches, departments or agen cies by and through which the county's governmental powers shall be exercised and may provide for the distribution of such governmental powers among such officers, bodies, branches, departments or agencies in such manner as the General Assembly shall deter mine. No law enacted pursuant to the authority herein granted shall remove or diminish any power heretofore possessed by DeKalb County, except that no such power hereto fore possessed may be exercised in any manner to change the form of government of DeKalb County or to change the distribution of powers among the various officers, bod ies, branches, departments or agencies of the DeKalb County government as created or established by law enacted pursuant to the authority herein granted, unless such changes are specifically authorized by such law. Any law enacted pursuant to the author ity herein granted shall provide for an elective governing body of DeKalb County, and if executive powers are separated from legislative powers, the chief executive officer shall be an elective official. The effectiveness of any law adopted pursuant to the authority herein granted shall be conditioned on the approval of a majority of the qualified elec tors of DeKalb County voting at elections held for such purpose when any such law affects the DeKalb County government in any one or more of the following ways: (a) Changing the number of members, terms of office or the manner of electing the members of the governing body of DeKalb County. 2430 JOURNAL OF THE HOUSE, (b) Changing the term of office or the method of electing the chief executive officer of DeKalb County. (c) Establishing the powers and duties of the executive or legislative branch of the DeKalb County government. (d) Changing the powers and duties of the executive or legislative branch of the DeKalb County government when such powers and duties have been established by Acts of the General Assembly, pursuant to the authority herein granted." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to provide by law for the form of government of DeKalb County and, in connection therewith, to provide for the various officers, bodies, branches, departments or agencies by and through which the county's governmental powers shall be exercised and to require that certain legis lation adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SR 323 as follows: By inserting in line 10 on page 3 between the word "County" and the word "and" the following: ", which shall include an elective governing body and an elective chief executive offi cer if legislative and executive powers are separated,". The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, B. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. MONDAY, MARCH 6, 1978 2431 Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 158, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended. SR 347. By: Senators Wessels of the 2nd and Riley of the 1st: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Each person who is 65 years of age or over or who is totally disabled is hereby granted an exemption from all county ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commissioners of Chatham County on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such home stead, as net income is defined by Georgia law, from all sources, except as may otherwise be provided by the Board of Commissioners of Chatham County, does not exceed an amount to be fixed by the Board of Commissioners of Chatham County for the immedi ately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or his agent, files an affidavit with the Tax Commissioner of Chatham County, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same man ner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. After any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of 2432 JOURNAL OF THE HOUSE, any such owner, however, to notify the tax commissioner in the event he becomes ineli gible for any reason for the exemption provided in this paragraph. The Board of Com missioners of Chatham County may provide by resolution or ordinance for the proper administration of this exemption and shall set the amount of such exemption and any income limitations required to qualify for such exemption by resolution or ordinance. The exemption provided for herein shall apply to all taxable years beginning after the adoption of a resolution or ordinance by the Board of Commissioners of Chatham County providing for such exemption. The amount of such exemption and the qualifica tions therefor may be changed by the Board of Commissioners of Chatham County by resolution or ordinance and any such change shall be effective and shall apply to all tax able years beginning after the adoption of such resolution or ordinance. The Board of Commissioners of Chatham County shall define the term 'totally disabled' by resolution or ordinance." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each person who is 65 years of age or over or who is totally disabled shall be granted an exemption from all ad valorem taxes levied by Chatham County for county purposes in an amount to be fixed by the Board of Commission ers of Chatham County on a homestead owned and occupied by him as a residence if his net income does not exceed an amount to be fixed by the Board of Commissioners of Chatham County?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichoto, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. MONDAY, MARCH 6, 1978 2433 Peters, E.G. Y PhiUips, L.L. Y PhiUips, R.T. PhUlips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. YRamsey.T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SR 351. By: Senator Hudson of the 35th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county, to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equal ization within any such county; to provide that the General Assembly may by law provide for the implementation of such boards and for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The amendment to the Constitution ratified on November 4, 1952, which is set forth in Ga. Laws 1952, pp. 591-594, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking all language added to the Con stitution by said amendment and substituting in lieu thereof, as a paragraph to appear at the end of Article IX, Section 1, Paragraph VI, the following: "Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, the General Assembly shall have the power by general, local or special law applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and applicable to any municipality located wholly or partially within such county to: (a) Provide for the establishment of a board of tax assessors, to define the jurisdic tion, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration; and (b) Authorize said board to assess all taxable property in the county, and to assess all taxable property of any municipality lying wholly or partially within such county, for all purposes which are now or may hereafter be authorized by law; and (c) Create a board of tax appeals and equalization or any other system of appeals, by whatever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms and qualifications of members of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said assessments; and (d) Authorize or direct appropriations by the county or by any municipality lying therein, or provide otherwise, for the support of the board or boards created pursuant to the authority herein granted; and (e) Provide for the transfer of property necessary for the operation of said boards." 2434 JOURNAL OF THE HOUSE, Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly to enact general, local or special laws applicable to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and applica ble to any municipality located wholly or partially within such county, so as to provide for the assessment of property in any such county or municipality by a board of assessors; to establish county boards of equal ization within any such county and for other matters relative thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following amendment was read and adopted: The Committee on State Planning and Community Affairs moves to amend SR 351 on page 2 after line 30, add subsection (f) to read as follows: "Nothing in this amendment should be construed to apply to corporations and per sons now required by law to return their property to state revenue commission 'formerly the comptroller general' for ad valorem taxation." The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to. On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumisn, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harriaon, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey. H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes. Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. MONDAY, MARCH 6, 1978 2435 Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, as amended, the ayes were 158, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1756. By: Representatives Greene and Stone of the 138th: A BILL to abolish the present mode of compensating the coroner of Wayne County, known as the fee system; to provide in lieu thereof a salary and an expense allowance; to provide for the payment of the operating expenses of said office; and for other purposes. HB 1852. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Brantley County so as to change the provisions relating to the compensation of personnel of the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Com missioner of Brantley County; and for other purposes. HB 1871. By: Representative Kemp of the 139th: A BILL to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the annual salary of the sheriff; and for other purposes. HB 1884. By: Representative Vaughn of the 57th: A BILL to amend an Act creating the office of Tax Commissioner of Rockdale County so as to fix the fees payable to Rockdale County for the collection of education taxes by the Tax Commis sioner of Rockdale County; and for other purposes. HB 1886. By: Representative Vaughn of the 57th: A BILL to amend an Act creating a Board of Commissioners for Rockdale County so as to change the provisions relating to audits; and for other purposes. HB 1898. By: Representatives Kemp of the 139th, and Rush of the 121st: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County so as to pro vide that the tax commissioner shall receive additional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; and for other purposes. HB 1903. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners 2436 JOURNAL OF THE HOUSE, to fix the salary of the clerk of the sheriff within a certain salary range; and for other purposes. HB 1923. By: Representatives Nix, Harrison, and Isakson of the 20th, Housley, and Burruss of the 21st, and Cooper, Wilson, and Kaley of the 19th: A BILL to amend an Act creating a new charter for the City of Smyrna so as to increase the corporate limits of the City of Smyrna; to change the compensation of the Mayor and Council of the City of Smyrna; and for other purposes. HB 1507. By: Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd, Randall of the 101st, and Pinkston of the 100th: A BILL to amend an Act authorizing the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions so as to change the provisions relating to subdivision regulation and the penalties for transferring lots in unapproved subdivisions; and for other purposes. HB 1510. By: Representative Pinkston of the 100th: A BILL to amend Code Title 41A, known as the "Financial Institutions Code of Georgia" so as to provide that any financial institution may close one day each week in addition to Sundays and other legal holidays; to provide that any act authorized, required or permitted to be performed at or by any financial institution on a day when it is closed may be performed on the next succeeding business day; and for other purposes. HB 1585. By: Representatives Phillips of the 91st, Birdsong of the 103rd, Patten of the 146th, Stone of the 138th, Isakson of the 20th, and Johnson of the 66th: A BILL to amend an Act implementing the requirements of the Federal Inter governmental Cooperation Act of 1968 so as to change the provisions relative to the membership of area planning and development commissions; and for other purposes. HB 1598. By: Representative Ham of the 80th: A BILL to amend an Act authorizing and empowering county boards of education and certain independent and public school systems to condemn private property for public school purposes, approved February 16, 1956; and for other purposes. HB 1661. By: Representatives Baugh of the 108th, Parham of the 109th, Marcus of the 26th, Swann of the 90th, and Looper of the 8th: A BILL to amend Code Section 84-907, relating to license to practice medicine, so as to change the date on which the clinical training program developed by the Medical College of Georgia may be discontinued; to provide an effective date; and for other pur poses. HB 1853. By: Representatives Foster and Wheeler of the 152nd: A BILL to amend an Act creating the office of commissioners of roads and revenues of Brantley County so as to change the compensation of the members of the Board of Commission ers of Brantley County, including the chairman; and for other purposes. HB 1935. By: Representatives Greene, and Stone of the 138th: A BILL to amend an Act establishing the State Court of Wayne County so as to change the compensation of the solicitor; and for other purposes. HB 1968. By: Representatives Wood, Whitmire, and Jackson of the 9th: A BILL to amend an Act creating the Board of Commissioners of Hall County so as to change the boundaries of the commissioner districts; and for other purposes. MONDAY, MARCH 6, 1978 2437 HB 1998. By: Representatives Burton of the 47th, Williamson of the 45th, Linder of the 44th, Tolbert, Butler, and Johnston of the 56th, Clark of the 55th, Noble of the 48th, and others: A BILL to amend the charter of the City of Chamblee so as to increase the fine and imprisonment and change the penalties; and for other purposes. HB 2005. By: Representative McDonald of the 12th: A BILL to amend an Act creating a new charter for the City of Jefferson so as to provide that the mayor shall be eligible to succeed himself in office; and for other purposes. HB 2011. By: Representative McDonald of the 12th: A BILL to create a new charter for the City of Hoschton; and for other purposes. HB 2016. By: Representatives Jones of the 126th, Battle of the 124th, Gignilliat of the 122nd, Triplett of the 128th, Scott of the 123rd, Chance of the 129th, Taggart of the 125th, and Hill of the 127th: A BILL to amend an Act providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, so as to change the manner of fill ing vacancies in the office of chairman; and for other purposes. HB 2022. By: Representatives Waddle of the 113th, and Watson of the 114th: A BILL to amend an Act incorporating the City of Warner Robins so as to change the cor porate limits of said city; and for other purposes. HB 2042. By: Representative Edwards of the 110th: A BILL to amend an Act consolidat ing the offices of Tax Receiver and Tax Collector in the County of Marion into the office of Tax Commissioner of Marion County so as to authorize the tax commissioner to hire a clerk; and for other purposes. HB 2044. By: Representatives Murray of the 116th, and Castleberry of the lllth: A BILL providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Cen sus of 1970 or any future such census; and for other purposes. HB 791. By: Representatives Lambert of the 112th, and Carlisle of the 71st: A BILL to amend Code Section 40-1902, relating to the duties, power and authority of the Department of Administrative Services, as amended, so as to provide that fidel ity bonds procured by the Commissioner shall include statutory bonds of State officials; to provide that fidelity bonds procured by the Commissioner shall satisfy any statutory bonding requirement of State officers, officials or employ ees; and for other purposes. HB 229. By: Representative Adams of the 36th: A BILL to amend an Act creating the State Planning and Programming Bureau so as to change from $20.00 per day to $36.00 per day the per diem authorized for members of the advisory commit tee to the Bureau of Community Affairs in matters relating to area or multicounty planning and development; and for other purposes. HB 1459. By: Representatives Wood, Whitmire and Jackson of the 9th: A BILL to amend an Act establishing the Teachers' Retirement System of Georgia so as to pro vide for the granting of creditable service to certain members for service on active duty in the armed forces of the United States during certain periods; and for other purposes. 2438 JOURNAL OF THE HOUSE, HB 1504. By: Representatives Whitmire, Jackson and Wood of the 9th: A BILL to amend an Act authorizing superior court clerks in certain counties to invest certain funds deposited in the registry of the court so as to authorize superior court clerks in all counties to deposit certain funds in the registry of the court; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 632-1756. By: Representatives Greene and Stone of the 138th: A RESOLUTION pro posing an amendment to the Constitution so as to increase the dollar amount of civil cases over which the Justices of the Peace of Wayne County shall have jurisdiction; and for other purposes. HR 672-1888. By: Representatives Gignilliat of the 122nd, Battle of the 124th, Jones of the 126th, Triplett of the 128th, Scott of the 123rd, Taggart of the 125th, and Hill of the 127th: A RESOLUTION proposing an amendment to the Constitu tion so as to provide for an exemption, from ad valorem taxation for educa tional purposes levied for or in behalf of the Board of Public Education for the City of Savannah and the County of Chatham, in a specified amount of the assessed value of the homestead of each resident of Chatham County who is sixty-two years of age or over and who does not have an income from all sources, including the income from all sources of all members of his family residing within the homestead, exceeding $10,000; and for other purposes. HR 732-1980. By: Representative Vaughn of the 57th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to create the City of Conyers Public Facilities Authority; and for other purposes. HR 827. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Isakson of the 20th, Murphy of the 18th and Steinberg of the 46th: A RESOLUTION express ing appreciation to and commending Louise Davis Davison; and for other pur poses. The Senate has disagreed to the House amendments to the following Bills of the Senate: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. SB 408. By: Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and Stumbaugh of the 55th: A BILL to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; and for other purposes. The Senate has disagreed to the House substitute to the following Bill of the Senate: MONDAY, MARCH 6, 1978 2439 SB 140. By: Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th, Traylor of the 3rd, and others: A BILL to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; and for other purposes. The Senate insists on its substitute to the following Resolution of the House: HR 81-370. By: Representatives Tolbert and Butler of the 56th, Richardson of the 52nd, Linder of the 44th, and Deveaux of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide for a different method and time of returns, assessments, payment and col lection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; and for other pur poses. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1699. By: Representatives Lucas of the 102nd, Hatcher of the 131st, Horton of the 43rd, Taggart of the 125th, Nichols of the 27th, and McKinney of the 35th: A BILL to amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to provide that the provisions of the Chapter shall not apply in counties hav ing a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1775. By: Representatives Hatcher of the 131st, and Steinberg of the 46th: A BILL to amend Code Title 24A, known as the Juvenile Court Code of Georgia, so as to authorize the Council of Juvenile Court Judges to inspect and copy records of the courts, law enforcement agencies and the Department of Human Resources upon request; to provide that the judge shall permit the Department of Human Resources and Council of Juvenile Court Judges to inspect and copy records of the court and law enforcement agencies; and for other purposes. HB 1804. By: Representatives Peters of the 2nd, and Ramsey of the 3rd: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide for distribution of revenues from the local option sales and use tax in all counties having a population of not less than 27,500 and not more than 28,500 according to the United States Decennial Census of 1970 or any future such census; and for other purposes. HB 1811. By: Representatives Wood, Whitmire, and Jackson of the 9th: A BILL to amend Code Title 69, relating to municipal corporations, so as to provide for the crea tion of Resource Recovery Development Authorities in certain counties and municipalities; to provide a short title ("Resource Recovery Development Authorities Law"); and for other purposes. HB 1809. By: Representative Murphy of the 18th: A BILL to create the Georgia Sports Hall of Fame Board; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: 2440 JOURNAL OF THE HOUSE, HB 1808. By: Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th, and Castleherry of the lllth: A BILL to amend Code Section 56-3002, relating to scope and format of individual accident and sickness insurance poli cies, so as to provide that no such policy nor any group or blanket policy pro viding such insurance shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify poli cies in violation to be null and void; and for other purposes. HB 1780. By: Representative Bolster of the 30th: A BILL to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to pro hibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; and for other purposes. The Senate has passed by the requisite constitutional majority the following Bill of the House: HB 1801. By: Representatives Harris of the 8th, Collins of the 144th, Vaughn of the 57th, Connell of the 87th, and Wilson of the 19th: A BILL to provide a uniform method for the determination of fees to be charged by State licensing and examining boards; and for other purposes. The Senate has disagreed to the House amendment to the following Bill of the Senate: SB 522. By: Senator Howard of the 42nd: A BILL to amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions, and political subdivi sions; to provide for the appointment of directors of health districts; to author ize contracts for multicounty services; to provide for severability; to provide for an effective date; and for other purposes. The Senate has agreed to the House substitute to the following Resolution of the Senate: SR 233. By: Senators Kidd of the 25th and Broun of the 46th: A RESOLUTION propos ing an amendment to the Constitution, so as to require write-in candidates in special elections to file a notice of intention of candidacy in the same manner as such candidates are required to file notices of intention of candidacy in gen eral elections; to provide for submission of this amendment for ratification or rejection; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 36. By: Senator Thompson of the 32nd: A BILL to provide for indemnification with respect to the death of any law enforcement officer, fireman or prison guard who is killed in the line of duty subsequent to January 1, 1973; and for other purposes. SB 285. By: Senator Langford of the 51st: A BILL to create a new judicial circuit for the State of Georgia, to be known as the Gordon Judicial Circuit, to be composed of the County of Gordon; to provide for a judge of the superior court and a dis trict attorney for said circuit; and for other purposes. MONDAY, MARCH 6, 1978 2441 SB 468. By: Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd and others: A BILL to amend Code Chapter 56-24, relating to the insurance con tract in general, so as to provide for forms; to provide for notification prior to certain actions by insurers; to provide for time of notice, delivery or mailing and retention of notice, and contents thereof; and for other purposes. The Senate has agreed to the House amendment to the following Bill of the Senate: SB 591. By: Senator Kennedy of the 4th: A BILL to amend Code Title 50, relating to habeas corpus, so as to provide for a habeas corpus clerk in certain judicial cir cuits of this State; to provide for supplies and equipment; to provide for reim bursement to counties for certain expenses incurred for writs of habeas corpus sued out in the superior courts of said counties and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1755. By: Representatives Matthews of the 145th, Long of the 142nd, Hanner of the 130th, Whitmire of the 9th, Nessmith of the 82nd, Clifton of the 107th, Felton of the 22nd, and Irvin of the 10th: A BILL to amend an Act known as the "Georgia Liming Materials Act of 1976" so as to change certain definitions and the provisions relating to definitions of terms used in said Act; to change the provisions relating to labeling; to change the provisions relating to penalties; and for other purposes. The Senate recedes from its disagreement to the House amendment to the following Bill of the Senate: SB 555. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act," approved March 26, 1974, so as to provide for the employment of classroom aides and paraprofessionals; to provide for the authority of "in loco parentis" for such classroom aides and paraprofessionals under certain con ditions; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Lester of the 23rd, Allgood of the 22nd and Johnson of the 34th. The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 21. By: Senators Eldridge of the 7th and Riley of the 1st: A BILL to amend an Act creating the Legislative Services Committee and the Office of Legislative Coun sel, approved March 10, 1959, so as to change the membership of the Commit tee; and for other purposes. 2442 JOURNAL OF THE HOUSE, Representative Kaley of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate: SB 264. By: Senators Pearce of the 16th and Reynolds of the 48th: A BILL to amend Code Chapter 24-17, relating to powers, election, qualification and fees of judges of the probate courts, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andersen, W. Argo, B. Y Auten, D. Y Balkcom, R. Y Bargwon, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefleld, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumus, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. CarreU, B. Canon, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignffliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F. Jr. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jeasup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. YKarrh, R Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, WJ.(BUl) Y Lenderman, M. Y Linder, J. Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, SJ. Matthews, D.R. On the motion, the ayes were 140, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ranuey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Russell. J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto: HR 718-1944. By: Representative McDonald of the 12th: A RESOLUTION proposing an amendment to the Constitution so as to increase the civil jurisdiction of justices of the peace in Jackson County; and for other purposes. The following Senate amendment was read: The Senate moves to amend House Resolution 718-1944 as follows: By striking on line 15 and line 25 on page 1 the following: "$1,000.00", MONDAY, MARCH 6, 1978 2443 and substituting in lieu thereof the following: "$500.00". Representative McDonald of the 12th moved that the House agree to the Senate amendment to HR 718-1944. On the motion, the ayes were 120, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 742. By: Representative Clifton of the 107th: A BILL to provide for the election of members of the Board of Education of Bryan County; to change the size of the board; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; and for other purposes. The following Senate substitute was read: A BILL To provide the voters of Bryan County with certain options relating to the Board of Education of Bryan County and the School Superintendent of Bryan County; to provide for all matters relative to the foregoing; to provide for a referendum election; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) The Board of Education of Bryan County shall be composed of five members selected by the grand jury as provided by law. (b) The School Superintendent of Bryan County shall be elected by the people as provided by law. Section 2. (a) The Board of Education of Bryan County shall be composed of five members selected by the grand jury as provided by law. (b) The School Superintendent of Bryan County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. There after, the Board of Education of Bryan County shall appoint the School Superintendent of Bryan County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of School Superin tendent of Bryan County shall possess the qualifications prescribed for county school superintendents by the laws of this State. Upon any vacancy occurring in such office prior to the expiration of the present term of office, said vacancy shall be filled by appointment of the board. Section 3. (a) The Board of Education of Bryan County shall be composed of five members, who shall be qualified voters of Bryan County. The terms of office of all mem bers presently serving as appointed members of the board shall expire on December 31, 1978, and new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of education, Bryan County is hereby divided into three Education Districts to be composed of that territory embraced within the following Militia Districts within Bryan County: Education District 1 - G.M.D. 19 (Pembroke). Education District 2 - G.M.D. 1380 (Ellabelle). Education District 3 - G.M.D. 20 (Richmond Hill). 2444 JOURNAL OF THE HOUSE, (c) For the purpose of electing the members of the board of education, there shall be five member posts on the board. The member elected to Post 5 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 4 shall be the vice chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 1 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The member elected to Post 2 shall be a resident of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 3 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected in the general election in November, 1978, and shall take office on January 1, 1979. The members elected to Post 1, Post 2 and Post 5 shall serve for an initial term of office of four years each and until their respective successors are duly elected and quali fied. The members elected to Post 3 and Post 4 shall serve for an initial term of office of two years each and until their respective successors are duly elected and qualified. Fol lowing the initial terms of office provided herein, all members shall be elected in the gen eral election immediately preceding the expiration of the term of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and qualified. (e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general election and the person so elected shall serve for the remainder of the unexpired term of office. Vacancies occurring during the last two years and three months of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. (f) The School Superintendent of Bryan County serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. There after, the Board of Education of Bryan County shall appoint the School Superintendent of Bryan County, who shall serve at the pleasure of the board. The board shall fix the compensation of the superintendent. The person appointed to the office of School Superin tendent of Bryan County shall possess the qualifications prescribed for county school superintendents by the laws of this State. Upon any vacancy occurring in such office prior to the expiration of the present term of office, said vacancy shall be filled by appointment of the board. Section 4. (a) The Board of Education of Bryan County shall be composed of five members, who shall be qualified voters of Bryan County. The terms of office of all mem bers presently serving as appointed members of the board shall expire on December 31, 1978, and new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of education, Bryan County is hereby divided into three Education Districts to be composed of that territory embraced within the following Militia Districts within Bryan County: Education District 1 - G.M.D. 19 (Pembroke). Education District 2 - G.M.D. 1380 (Ellabelle). Education District 3 - G.M.D. 20 (Richmond Hill). (c) For the purpose of electing the members of the board of education, there shall be five member posts on the board. The member elected to Post 5 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 4 shall be the vice chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The MONDAY, MARCH 6, 1978 2445 member elected to Post 1 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The member elected to Post 2 shall be a resident of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 3 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected in the general election in November, 1978, and shall take office on January 1, 1979. The members elected to Post 1, Post 2 and Post 5 shall serve for an initial term of office of four years each and until their respective successors are duly elected and quali fied. The members elected to Post 3 and Post 4 shall serve for an initial term of office of two years each and until their respective successors are duly elected and qualified. Fol lowing the initial terms of office provided herein, all members shall be elected in the gen eral election immediately preceding the expiration of the term of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and qualified. (e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general election and the person so elected shall serve for the remainder of the unexpired term of office. Vacancies occurring during the last two years and three months of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. (f) The School Superintendent of Bryan County shall be elected by the people as provided by law. Section 5. (a) Not less than five nor more than ten days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Judge of the Probate Court of Bryan County to issue the call for an election for the purpose of submitting to the voters of said county the proposals hereinafter pro vided relative to the Board of Education and the School Superintendent of Bryan County. The judge of the probate court shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The judge of the pro bate court shall cause the date and purpose of the election and a copy of this Act to be published once a week for two weeks immediately preceding the date thereof, in the offi cial organ of Bryan County. The ballot shall be so prepared that the voters shall have an opportunity to vote for one of the four following proposals: "[ ] Proposal No. 1: For approval of Section 1 of this Act, which provides that the Board of Education of Bryan County shall be composed of five members to be selected by the Grand Jury of Bryan County as provided by law and which pro vides that the school superintendent shall be elected by the people as provided by law. [ ] Proposal No. 2: For approval of Section 2 of this Act, which provides that the Board of Education of Bryan County shall be composed of five members selected by the Grand Jury of Bryan County as provided by law and which provides that the school superintendent shall be appointed by the said board of education. [ ] Proposal No. 3: For approval of Section 3 of this Act, which provides that the Board of Education of Bryan County shall be composed of five members to be elected by the voters of Bryan County and which provides that the school super intendent shall be appointed by the said board of education. [ ] Proposal No. 4: For approval of Section 4 of this Act, which provides that the Board of Education of Bryan County shall be composed of five members to be elected by the voters of Bryan County and which provides that the school super intendent shall be elected by the people as provided by law." No voter shall vote for more than one of the above four proposals. No proposal shall become effective unless it receives a majority of the votes cast at such referendum election. 2446 JOURNAL OF THE HOUSE, If no proposal receives a majority of the votes cast, there shall be a run-off election between the two proposals receiving the most votes cast; and the proposal receiving a majority of the votes cast at such run-off election shall become effective and the other three sections of the Act outlined in the other three proposals shall be void and of no force and effect. (b) The expense of such election shall be borne by Bryan County. It shall be the duty of the judge of the probate court to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. The provisions of this Act shall become effective for the purpose of hold ing the referendum election upon its approval by the Governor or upon its becoming law without his approval. The provisions of this Act relating to the manner of selecting the Board of Education and the School Superintendent of Bryan County shall become effec tive upon the declaration and certification of the results of the referendum election held pursuant to Section 5 and only the provisions contained in the proposal approved by the voters shall be effective. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment to the Senate substitute was read and adopted: Representative Clifton of the 107th moves to amend the Senate substitute to HB 742 as follows: By striking lines 1 through 6 of page 1 in their entirety and inserting in lieu thereof the following: "To provide for the election of members of the Board of Education of Bryan County; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to provide for a referendum; to repeal conflicting laws; and for other purposes." By striking Section 1 beginning on line 8 of page 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) The Board of Education of Bryan County shall be composed of five members, who shall be qualified voters of Bryan County. The terms of office of all mem bers presently serving as appointed members of the board shall expire on December 31, 1978, and new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of education, Bryan County is hereby divided into three Education Districts to be composed of that territory embraced within the following Militia Districts within Bryan County: Education District 1 - G.M.D. 19 (Pembroke). Education District 2 - G.M.D. 1380 (Ellabelle). Education District 3 - G.M.D. 20 (Richmond Hill). (c) For the purpose of electing the members of the board of education, there shall be five member posts on the board. The member elected to Post 1 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 2 shall be the vice-chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 3 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The MONDAY, MARCH 6, 1978 2447 member elected to Post 4 shall be a resident of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected in the general election in November, 1978, and shall take office on Janu ary 1, 1979. The members elected to Post 1, Post 3 and Post 5 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The members elected to Post 2 and Post 4 shall serve for an initial term of office of two years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, all members shall be elected in the general election immediately preceding the expiration of the term of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and quali fied. (e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general election and the person so elected shall serve for the remainder of the unexpired term of office. Vacancies occur ring during the last two years and three months of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office." By striking Section 2 beginning on line 13 of page 1 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. Not less than 1 nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Bryan County to issue the call for an election for the purpose of submitting this Act to the electors of the Bryan County School District for approval or rejection. The election superintendent shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bryan County. The ballot shall have written or printed thereon the words: '( ) YES ( ) NO Shall the Act providing for the election of a five member Board of Edu cation for Bryan County be approved?' All persons desiring to vote for approval of the Act shall vote 'Yes', and those persons desiring to vote for rejection of the Act shall vote 'No'. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1979, except that the provisions of Section 1 which are necessary for the purpose of conducting the elections in 1978 shall become effective immediately upon approval of this Act in the referendum provided for in this Section, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bryan County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State." By striking Sections 3, 4, 5 and 6 in their entirety. By redesignating Section 7 beginning on line 17 of page 8 as Section 3. Representative Clifton of the 107th moved that the House agree to the Senate substi tute, as amended by the House, to HB 742. 2448 JOURNAL OF THE HOUSE, On the motion, the ayes were 103, nays 0. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1224. By: Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th, Vaughn of the 57th, and Collins of the 144th: A BILL to provide appropri ations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes. The following report of the Committee of Conference on HB 1224 was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1224 The Conference Committee on House Bill 1224 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to House Bill 1224 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE: /s/Paul C. Broun Senator, 46th District /s/Al Holloway Senator, 12th District /8/John R. Riley Senator, 1st District /s/Marcus E. Collins Representative, 144th District /s/Joe Frank Harris Representative, 8th District /s/Clarence R. Vaughn, Jr. Representative, 57th District A BILL To make and provide appropriations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings author ized by law, and for all leases, contracts, agreements, and grants authorized by law; to pro vide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the fiscal year begin ning July 1, 1978, and ending June 30, 1979, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds, Anti-Recession Fiscal Assistance Funds and a revenue estimate of $2,290,000,000 for fiscal year 1979. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch ......................................................................$ 8,575,000 1. Operations......................................................................................................^ 8,175,000 Total Funds Budgeted ..........................................................................................$ 8,175,000 MONDAY, MARCH 6, 1978 2449 State Funds Budgeted...........................................................................................$ 8,175,000 2. For Election Blanks and Other Election Expenses..............................................................................................$ 400,000 Total Funds Budgeted .............................................................................................$ 400,000 State Funds Budgeted..............................................................................................$ 400,000 Budget Unit Object Classes: Operations...............................................................................................................$ 8,175,000 Election Blanks and Other Election Expenses .................................................................................................$ 400,000 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative orga nizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, print ing, services and other expenses of the Legislative Branch of Government; for costs of the Georgia Official and Statistical Register; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations. Section 2. Department of Audits. Budget Unit: Department of Audits ................................................................$ 3,243,275 1. Operations..............................................................................................-...-.$ 2,893,275 Total Funds Budgeted ......................................-....-.....------..----..--$ 2,893,275 State Funds Budgeted...................................................................-.--...--..-? 2,893,275 2. Tax Ratio Study......................-..-....-----..----...--.------------$ 350,000 Total Funds Budgeted ....................-........--.-..----...--------..--------$ 350,000 State Funds Budgeted.............................------------------.----------$ 350,000 Budget Unit Object Classes: Operations......................................................................--------.--------------'l> 2,893,275 Tax Ratio Study...........................----..-.----.--.---------.....................----$350,000 Passenger Carrying Motor Vehicles 22 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court......----.........................----------------$ 1,449,880 2450 JOURNAL OF THE HOUSE, For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allo cated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481. Provided, however, that the sum of $7,000 shall be allocated for the cost of Georgia's pro rata share for the operation of the National Center for State Courts. Section 4. Superior Courts. Budget Unit: Superior Courts ........................................................................$ 11,156,470 For the cost of operating the Superior Courts of the State of Georgia, including payment of Judges' salaries, contingent expense allowances authorized by law, the payment of mile age authorized by law and such other salaries and expenses as may be authorized by law. Provided, however, that none of the above appropriation shall be expended for the pay ment of travel, tuition and expenses to attend the National College of State Trial Judges. For payment of salaries, the payment of mileage and other expenses as may be author ized by law for the District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus. For the cost of operating the Judge Sentence Review Panel as created by 1974 Georgia Laws, p. 358. Provided, however, that the listed appropriation shall be increased by the amount of $25,666 per annum for each additional Judge Emeritus position established during the fiscal year, and by the amount of $17,000 per annum for each additional District Attorney Emeritus position established during the fiscal year. Provided, further, that the listed appropriation shall be increased by the amount of $74,000 per annum for each judgeship created by law during the 1979 session of the Gen eral Assembly. Provided, that of the above appropriation relating to Superior Courts, $283,110 is desig nated and committed for the Prosecuting Attorneys' Council for operations and $51,360 is designated and committed for the Sentence Review Panel. Section 5. Court of Appeals. Budget Unit: Court of Appeals .........................................................................$ 1,550,190 For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court ................................................................................................$ 522,000 Total Funds Budgeted ..........................................................................................$ 1,106,626 State Funds Budgeted..............................................................................................$ 522,000 For the cost of operating the Administrative Offices of the Court. Provided, however, of the above appropriation, $30,000 is designated and committed for funding of a Judicial College. Section 7. Appellate Court Reports. Budget Unit: Court Reports .................................................................................$ 120,000 MONDAY, MARCH 6, 1978 2451 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals. Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ...................................................................................................$ 56,652 For the cost of operating the Judicial Qualifications Commission. Section 9. Board of Court Reporting. Budget Unit: ................................................................................................................$ 8,400 For the cost of operating the Board of Court Reporting. Section 10. Council of Juvenile Court Judges. Budget Unit:.................................................................................................................$ 67,000 For the cost of operating the Council of Juvenile Court Judges. PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ........................................................................$ 27,393,083 1. State Properties Commission Budget: Personal Services...,...................................................................................................$ 142,500 Regular Operating Expenses .....................................................................................$ 21,058 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 3,000 Equipment Purchases......................................................................................................$ 500 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 2,000 Per Diem, Fees and Contracts...............................................................................$ 15,000 Total Funds Budgeted ............--....................................................----.--.......! 187,058 State Funds Budgeted..............................................................................................! 187,058 Total Positions Budgeted 9 2. Departmental Administration Budget: Personal Services.......................................................................................................! 664,447 Regular Operating Expenses .....................................................................................$ 42,839 Travel..............................................................................................................................! 7,400 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 3,800 Equipment Purchases.........................................................----..........--------------$ 5,800 Computer Charges................................................................................................... ..........$ -0Real Estate Rentals.....................................................................-...............................-! -0Telecommunications.............................................--...--.....----.--..--..----..----......--! 17,000 Per Diem, Fees and Contracts........................................................................................! -0- Direct Payments to Georgia Building Authority for Capital Outky.......................................................................................-....----$120,000 2452 JOURNAL OF THE HOUSE, Direct Payments to Georgia Building Authority for Operations ...........................................................................................................$ 1,500,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals.............................................................................-.....$ 850,000 Total Funds Budgeted ..........................................................................................$ 3,211,286 State Funds Budgeted...........................................................................................$ 3,211,286 Total Positions Budgeted 36 3. Fiscal Administration Budget: Personal Services.......................................................................................................$ 440,000 Regular Operating Expenses ..................................................................................--$ 25,330 Travel..............................................................................................................................$ 3,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 6,000 Equipment Purchases...................................................................................................$ 3,075 Computer Charges .................................................................................................$ 3,775,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications......................................................v ..................................------$ 10,000 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 4,262,605 State Funds Budgeted...........................................................................................$ 4,262,605 Total Positions Budgeted 23 4. Self-Insurance Administration Budget: Personal Services.......................................................................................................$ 330,073 Regular Operating Expenses .......................................................................................$ 8,493 Travel............................................................................................................................$ 33,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 2,825 Equipment Purchases................................................................................................,..! 4,800 Computer Charges ...........................................................................................................$ 500 Real Estate Rentals ..........................................................................................................$ -0- Public Safety Officers Indemnity Fund.............................................................................................................$ -0- Telecommunications ...................................................................................................$ 10,250 Per Diem, Fees and Contracts ........................................................................................$ -0- Workmen's Compensation....................................................................................! 2,100,000 State Liability Self-Insurance Reserve..............................................................................,.............................................! -0- Unemployment Compensation Reserve .............................................................$ 700,000 Total Funds Budgeted ..........................................................................................$ 3,190,341 State Funds Budgeted........................................................,..................................! 3,135,886 Total Positions Budgeted 22 5. Procurement Administration Budget: Personal Services.......................................................................................................$ 841,980 Regular Operating Expenses .....................................................................................$ 62,500 Travel..........................................................................................._......._..........................$ 5,300 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 26,500 Equipment Purchases...................................................................................................! 3,700 Computer Charges......................................................................................................! 97',000 Real Estate Rentals..........................................................................................................! -0- MONDAY, MARCH 6, 1978 2453 Telecommunications...........................................................................................,,......$ 34,200 Per Diem, Fees and Contracts.......................................................................................$'.o- Total Funds Budgeted ..........................................................................................$ 1,071,680 State Funds Budgeted...........................................................................................$ 1,071,680 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services.......................................................................................................$ 165,000 Regular Operating Expenses .....................................................................................$ 75,710 Travel.................................................................................................................................$ 750 Motor Vehicle Equipment Purchases ........................................................................$ 5,200 Publications and Printing...............................................................................................! 100 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 3,000 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 254,760 State Funds Budgeted..............................................................................................! 129,241 Total Positions Budgeted 14 7. Property Management Administration Budget: Personal Services.......................................................................................................! 247,500 Regular Operating Expenses .....................................................................................$ 20,680 Travel..............................................................................................................................! 4,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 700 Equipment Purchases......................................................................................................! 250 Computer Charges ......................................................................................................$ 21,960 Real Estate Rentals ....................................................................................................$ 20,029 Telecommunications.....................................................................................................! 7,200 Per Diem, Fees and Contracts .................................................................................$ 1,450 Total Funds Budgeted .............................................................................................$ 323,969 State Funds Budgeted....................................................................--...------...--$ 323,969 Total Positions Budgeted 16 8. Data Processing Services Budget: Personal Services.........................................................................................-........! 10,291,897 Regular Operating Expenses ................................................................................$ 1,199,060 Travel................................................................................-............................-............$ 31,500 Motor Vehicle Equipment Purchases...................................................-.--....................$ -0- Publications and Printing--...............................------------------------$ 17,100 Equipment Purchases..........................................----..------------------$ 103,600 Computer Charges..................................--.--..----------------------$ 215,000 Rents and Maintenance Expense................................--.----................--.........$ 10,325,000 Real Estate Rentals......................................................--....--..........----.....----$ 192,300 Telecommunications...........................................--.----------------------$ 253,000 Per Diem, Fees and Contracts...................-..-.....-.----.----..------..$ 1,400,000 Total Funds Budgeted ........................................................-----------------$ 24,028,457 State Funds Budgeted.................................--........................--.....----..----..$ 10,000,000 Total Positions Budgeted 694 9. Motor Pool Services Budget: Personal Services...............................--------------------------------$ 323,200 Regular Operating Expenses............................................................------------$ 617,300 Travel................................................................-....-....--.-..-.------------------$900 Motor Vehicle Equipment Purchases.................................................----.----! 248,560 2454 JOURNAL OF THE HOUSE, Publications and Printing.................................................------------------------------$ 1.550 Equipment Purchases.........................................--....................................--....--..--$ 5,075 Computer Charges............................................-........--..................................--.----$ 1,500 Real Estate Rentals ...........................................................................................----.......$ 720 Telecommunications........................................................--..............................------...$ 5,300 Per Diem, Fees and Contracts.............----.....----...................------..---------$ -0- Total Funds Budgeted .......-.................................................-.............-........--$ 1,204,105 State Funds Budgeted......................................................-.......................----.....----$ -0- Total Positions Budgeted 29 10. Communication Services Budget: Personal Services.........................................................................................----....$1,617,200 Regular Operating Expenses.............................................................--...................$ 300,230 Travel............................................................................................................----------$8,300 Motor Vehicle Equipment Purchases................................................................ ............$ -0- Publications and Printing........................................................................... ........----$ 42,000 Equipment Purchases..............................................................................................--$ 13,200 Computer Charges...............................................................................................----$ 76,000 Real Estate Rentals.................................................................----.----....................$ 37,400 Telecommunications.....................................................................................................$ 2,000 Per Diem, Fees and Contracts............................................................................ ......$ 15,500 Telephone Billings..........................................................................................$ 14,891,000 Total Funds Budgeted ........................................................................................$ 17,002,830 State Funds Budgeted...........................................................................................$ 5,000,000 Total Positions Budgeted 107 11. Printing Services Budget: Personal Services.......................................................................................................$ 956,300 Regular Operating Expenses ................................................................................$ 1,127,614 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases............................................................----.........$ -0- Publications and Printing...............................................................................................! 800 Equipment Purchases.................................................................................................$ 53,800 Computer Charges ........................................................................................................$ 5,250 Real Estate Rentals ....................................................................................................$ 66,050 Telecommunications...................................................................................................! 11,250 Per Diem, Fees and Contracts......--............................................................................$ 630 Total Funds Budgeted ..........................................................................................$ 2,224,694 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 77 12. Central Supply Services Budget: Personal Services.......................................................................................................! 142,500 Regular Operating Expenses .---............................................................................I 1,805,070 Travel.................................................................................................................................! 400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,200 Equipment Purchases...................................................................................................! 2,215 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 54,350 Telecommunications.....................................................................................................! 4,500 Per Diem, Fees and Contracts.....................................................................................$ 800 Total Funds Budgeted -.......................................................................................$ 2,012,035 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 12 13. Volunteer Services Budget: Personal Services.........................................................................................................$ 46,000 Regular Operating Expenses.......................................................................................! 6,569 MONDAY, MARCH 6, 1978 2455 Travel..............................................................................................................................$ 3,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases...................................................................................................! 3,989 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 1,800 Per Diem, Fees and Contracts .......................................................,.........................$ 3,800 Total Funds Budgeted ...............................................................................................$ 71,358 State Funds Budgeted................................................................................................! 71,358 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services..................................................................................................! 16,208,597 Regular Operating Expenses ................................................................................$ 5,312,453 Travel..........................................................................................................................! 105,050 Motor Vehicle Equipment Purchases....................................................................! 253,760 Publications and Printing........................................................................................! 112,575 Equipment Purchases...............................................................................................! 205,004 Computer Charges .................................................................................................$ 4,192,210 Real Estate Rentals ..................................................................................................$ 370,849 Telecommunications.................................................................................................! 361,500 Per Diem, Fees and Contracts.............................................................................! 1,437,180 Rents and Maintenance Expense......................................................................! 10,325,000 Workmen's Compensation....................................................................................! 2,100,000 Direct Payments to Georgia Building Authority for Operations...........................................................................................................! 1,500,000 Direct Payments to Georgia Building Authority for Capital Outlay.......................................................................................................! 120,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals ......................................................................................$ 850,000 State Liability Self-Insurance Reserve............................................................................................................................! -0- Telephone Billings...............................................................................................! 14,891,000 Public Safety Officers Indemnity Fund.............................................................................................................! -0- Unemployment Compensation Reserve.................................................................! 700,000 Total Positions Budgeted 1,095 Passenger Carrying Motor Vehicles 334 It is the intent of this General Assembly that otherwise unencumbered funds in the Public Safety Officers Indemnity Reserve on June 30, 1978, be utilized in Fiscal Year 1979 for the purposes authorized in S. B. 36 of the 1978 Regular Session. B. Budget Unit: Georgia Building Authority ...........................................................................................................$ -0- 1. Georgia Building Authority Budget: Personal Services....................................................................................................! 5,689,687 Regular Operating Expenses ................................................................................$ 1,620,583 Travel..............................................................................................................................! 3,100 Motor Vehicle Equipment Purchases......................................................................! 20,000 Publications and Printing..........................................................................................! 17,000 Equipment Purchases.................................................................................................! 79,093 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0- 2456 JOURNAL OF THE HOUSE, Telecommunications...................................................................................................! 45,000 Per Diem, Fees and Contracts..................................................................................! 77,000 Capital Outlay ...........................................................................................................$ 120,000 Authority Lease Rentals .......................................................................................$ 1,398,663 Utilities....................................................................................................................! 2,500,000 Facilities Renovations & Repairs..................................................................................$ -0- Total Funds Budgeted ........................................................................................$ 11,570,126 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 403 Budget Unit Object Classes: Personal Services....................................................................................................! 5,689,687 Regular Operating Expenses ................................................................................$ 1,620,583 Travel..............................................................................................................................! 3,100 Motor Vehicle Equipment Purchases......................................................................! 20,000 Publications and Printing..........................................................................................! 17,000 Equipment Purchases................................................................................................-! 79,093 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 45,000 Per Diem, Fees and Contracts..................................................................................! 77,000 Capital Outlay...........................................................................................................! 120,000 Authority Lease Rentals .......................................................................................$ 1,398,663 Utilities....................................................................................................................! 2,500,000 Facilities Renovations and Repairs................................................................................! -0- Total Positions Budgeted 403 Passenger Carrying Motor Vehicles 39 The Authority is authorized to increase the amount budgeted for Facilities Renovations and Repairs by such amounts as are approved for other Agencies or Authorities of the State by the Office of Planning and Budget, and by such amounts as are received from other sources for renovations or repairs. Section 12. Department of Agriculture. A. Budget Unit: Department of Agriculture................................................... ...........................................$ 15,869,709 1. Plant Industry Budget: Personal Services....................................................................................................! 2,339,642 Regular Operating Expenses ...................................................................................$ 188,808 Travel..........................................................................................................................! 115,000 Motor Vehicle Equipment Purchases......................................................................! 38,400 Publications and Printing..........................................................................................! 11,000 Equipment Purchases.................................................................................................! 45,800 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 2,200 Telecommunications...................................................................................................! 27,000 Per Diem, Fees and Contracts .................................................................................$ 8,100 Total Funds Budgeted ..........................................................................................$ 2,775,950 State Funds Budgeted...........................................................................................! 2,610,950 Total Positions Budgeted 182 2. Animal Industry Budget: Personal Services.......................................................................................................! 708,000 Regular Operating Expenses ...................................................................................$ 101,430 Travel............................................................................................................................! 31,500 Motor Vehicle Equipment Purchases........................................................................! 9,600 Publications and Printing............................................................................................! 4,000 Equipment Purchases...................................................................................................! 4,500 MONDAY, MARCH 6, 1978 2457 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 20,000 Per Diem, Fees and Contracts........................................................................................! -0- Athens Veterinary Laboratory Contract..................................................................................................................! 289,658 Tifton Veterinary Laboratory Contract..................................................................................................................! 479,820 Poultry Improvement Contract ..............................................................................$ 697,000 Veterinary Fees .........................................................................................................$ 375,000 Research Contract with Georgia Institute of Technology........................................................................................! 220,000 Contract with University of Georgia to Study Avian Disease.........................................................................! 265,000 Indemnities.............................................................................................................$ 150,000 Total Funds Budgeted ..........................................................................................$ 3,355,508 State Funds Budgeted...........................................................................................! 3,235,508 Total Positions Budgeted 49 3. Marketing Budget: Personal Services.......................................................................................................! 638,000 Regular Operating Expenses ...................................................................................$ 105,100 Travel............................................................................................................................! 68,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 4,400 Equipment Purchases...................................................................................................! 4,700 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 17,000 Per Diem, Fees and Contracts..................................................................................! 16,700 Authority Lease Rentals ......................................................................................$ 195,000 Total Funds Budgeted ..........................................................................................$ 1,048,900 State Funds Budgeted...........................................................................................! 1,048,900 Total Positions Budgeted 39 4. Major Markets Budget: Personal Services....................................................................................................! 1,229,000 Regular Operating Expenses ...................................................................................$ 500,880 Travel............................................................................................................................! 13,000 Motor Vehicle Equipment Purchases........................................................................! 4,800 Publications and Printing..........................................................................................! 27,800 Equipment Purchases.................................................................................................! 17,800 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 23,100 Per Diem, Fees and Contracts...............................................................................$ 21,000 Total Funds Budgeted ..........................................................................................$ 1,837,380 State Funds Budgeted..............................................................................................! 478,160 Total Positions Budgeted 118 5. General Agricultural Field Forces Budget: Personal Services....................................................................................................! 1,457,000 Regular Operating Expenses .....................................................................................$ 66,700 Travel..........................................................................................................................! 150,000 Motor Vehicle Equipment Purchases........................................................................! 9,600 Publications and Printing...............................................................................................! 500 Equipment Purchases......................................................................................................! 750 2458 JOURNAL OF THE HOUSE, Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 3,300 Telecommunications...................................................................................................! 15,500 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,703,350 State Funds Budgeted...........................................................................................! 1,703,350 Total Positions Budgeted 125 6. Internal Administration Budget: Personal Services.......................................................................................................! 820,000 Regular Operating Expenses .....................................................................................$ 88,350 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases ......................................................................$ 19,200 Publications and Printing............................................................................................! 5,000 Equipment Purchases...................................................................................................! 2,000 Computer Charges.....................................................................................................-! 87,156 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 36,700 Per Diem, Fees and Contracts..................................................................................! 20,750 Advertising Contract ...............................................................................................$ 35,000 Total Funds Budgeted ..........................................................................................$ 1,129,156 State Funds Budgeted...........................................................................................! 1,129,156 Total Positions Budgeted 55 7. Information and Education Budget: Personal Services.......................................................................................................! 128,000 Regular Operating Expenses ...................................................................................$ 214,660 Travel.................................................................................................................. ............$ 1,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 271,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ )- Telecommunications.....................................................................................................! 5,uOf Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 619,660 State Funds Budgeted..............................................................................................! 619,660 Total Positions Budgeted 11 8. Fuel and Measures Standards Budget: Personal Services.......................................................................................................! 804,000 Regular Operating Expenses ...................................................................................$ 134,060 Travel............................................................................................................................! 66,000 Motor Vehicle Equipment Purchases......................................................................! 89,000 Publications and Printing............................................................................................! 1,500 Equipment Purchases.................................................................................................! 21,550 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 13,000 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,129,110 State Funds Budgeted...........................................................................................! 1,123,110 Total Positions Budgeted 66 9. Consumer Protection Budget: Personal Services.......................................................................................................! 592,000 Regular Operating Expenses.....................................................................................! 50,920 Travel............................................................................................................................! 14,000 MONDAY, MARCH 6, 1978 2459 Motor Vehicle Equipment Purchases ......................................................................$ 14,400 Publications and Printing............................................................................................! 3,500 Equipment Purchases...................................................................................................! 1,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 8,200 Per Diem, Fees and Contracts .................................................................................$ 1,000 Total Funds Budgeted .............................................................................................$ 685,020 State Funds Budgeted..............................................................................................! 685,020 Total Positions Budgeted 37 10. Consumer Protection Field Forces Budget: Personal Services....................................................................................................! 1,709,000 Regular Operating Expenses.....................................................................................! 71,800 Travel..........................................................................................................................! 102,000 Motor Vehicle Equipment Purchases......................................................................! 33,600 Publications and Printing...............................................................................................! 550 Equipment Purchases...................................................................................................! 1,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,500 Telecommunications...................................................................................................! 19,000 Per Diem, Fees and Contracts.......................................................................................! -0- Total Funds Budgeted..........................................................................................! 1,944,450 State Funds Budgeted...........................................................................................! 1,619,450 Total Positions Budgeted 121 11. Meat Inspection Budget: Personal Services....................................................................................................! 2,000,000 Regular Operating Expenses.....................................................................................! 38,560 Travel..........................................................................................................................! 156,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 500 Equipment Purchases......................................................................................................! 735 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 15,000 Per Diem, Fees and Contracts...............................................................................! 75,150 Total Funds Budgeted..........................................................................................! 2,285,945 State Funds Budgeted..............................................................................................! 932,945 Total Positions Budgeted 149 12. Fire Ant Control Budget: Personal Services.........................................................................................................! 80,000 Regular Operating Expenses...........................................................................................! -0- Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Purchase of Bait and Airplane Contracts ....................................................................................$ 405,000 Total Funds Budgeted.............................................................................................! 500,000 State Funds Budgeted..............................................................................................! 500,000 Total Positions Budgeted 0 2460 JOURNAL OF THE HOUSE, 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations..................................................................................^ 183,500 Total Funds Budgeted .............................................................................................$ 183,500 State Funds Budgeted..............................................................................................! 183,500 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services..................................................................................................! 12,504,642 Regular Operating Expenses ................................................................................$ 1,561,268 Travel..........................................................................................................................! 746,500 Motor Vehicle Equipment Purchases...................................................................-! 218,600 Publications and Printing........................................................................................! 329,750 Equipment Purchases.................................................................................................! 99,835 Computer Charges......................................................................................................! 87,156 Real Estate Rentals....................................................................................................! 13,000 Telecommunications.................................................................................................! 199,500 Per Diem, Fees and Contracts................................................................................! 142,700 Purchase of Bait and Airplane Contracts ........................................................................................$ 405,000 Athens Veterinary Laboratory Contract..................................................................................................................! 289,658 Tifton Veterinary Laboratory Contract..................................................................................................................! 479,820 Poultry Improvement Contract..............................................................................$ 697,000 Veterinary Fees.........................................................................................................! 375,000 Research Contract with Georgia Institute of Technology........................................................................................! 220,000 Contract with University of Georgia to Study Avian Disease.........................................................................! 265,000 Indemnities................................................................................................................! 150,000 Advertising Contract..................................................................................................! 35,000 Authority Lease Rentals..........................................................................................! 195,000 Direct Payments to Georgia Agrirama Development Authority for Operations........................................................................................................! 183,500 Total Positions Budgeted 952 Passenger Carrying Motor Vehicles 197 Provided, that of the above appropriation relative to Regular Operating Expenses, !50,000 is designated and committed for livestock and poultry shows relating to research and promoting. Provided, that of the above appropriation, up to !50,000 may be used (unmatched) for a study of alternate methods of fire ant eradication, with emphasis on genetic research. Provided, that of the above appropriation, up to !100,000 may be used to match Federal funds for a joint project to develop a pesticide for fire ant control. Provided, that of the above appropriation relative to Contract with University of Georgia to Study Avian Disease, !15,000 is designated and committed to study the effect of aflatoxicosis on quail and other game birds. B. Budget Unit: Georgia Agrirama Development Authority...................................................................................$ -0- 1. Georgia Agrirama Development Authority Budget: Personal Services.......................................................................................................! 361,277 Regular Operating Expenses.....................................................................................! 69,850 MONDAY, MARCH 6, 1978 2461 Travel..............................................................................................................................$ 4,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases...................................................................................................$ 2,090 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................$ 3,800 Per Diem, Fees and Contracts...............................................................................$ 11,660 Total Funds Budgeted .............................................................................................$ 462,877 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 48 Budget Unit Object Classes: Personal Services.......................................................................................................! 361,277 Regular Operating Expenses .....................................................................................$ 69,850 Travel..............................................................................................................................! 4,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases...................................................................................................! 2,090 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 3,800 Per Diem, Fees and Contracts..................................................................................! 11,660 Total Positions Budgeted 48 Passenger Carrying Motor Vehicles 4 Section 13. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.............................................................................................$ 2,130,840 1. Administration Budget: Personal Services.......................................................................................................! 462,890 Regular Operating Expenses .....................................................................................$ 37,640 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases...................................................................................................! 6,000 Computer Charges ........................................................................................................$ 7,100 Real Estate Rentals....................................................................................................! 37,150 Telecommunications...................................................................................................! 12,000 Per Diem, Fees and Contracts.....................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 582,280 State Funds Budgeted..............................................................................................! 582,280 Total Positions Budgeted 25 2. Examination Budget: Personal Services....................................................................................................! 1,212,000 Regular Operating Expenses .....................................................................................$ 16,000 Travel..........................................................................................................................! 279,560 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 6,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals.........................................................................................................-! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts...............................................................................$ 35,000 Total Funds Budgeted..........................................................................................! 1,548,560 State Funds Budgeted...........................................................................................! 1,548,560 Total Positions Budgeted 67 2462 JOURNAL OF THE HOUSE, Budget Unit Object Classes: Personal Services....................................................................................................! 1,674,890 Regular Operating Expenses .....................................................................................$ 53,640 Travel..........................................................................................................................! 288,560 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges........................................................................................................! 7,100 Real Estate Rentals....................................................................................................! 37,150 Telecommunications...................................................................................................! 12,000 Per Diem, Fees and Contracts..................................................................................? 35,500 Total Positions Budgeted 92 Passenger Carrying Motor Vehicles 1 Section 14. Department of Community Affairs. A. Budget Unit: Department of Community Affairs ..................................................................................$ 2,275,559 1. Executive Office and Administrative Support: Personal Services.......................................................................................................! 412,685 Regular Operating Expenses .....................................................................................$ 32,258 Travel............................................................................................................................! 21,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,600 Equipment Purchases...................................................................................................! 3,700 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 37,950 Telecommunications.....................................................................................................! 4,000 Per Diem, Fees and Contracts..................................................................................! 44,680 Total Funds Budgeted .............................................................................................$ 560,473 State Funds Budgeted..............................................................................................! 495,473 Total Positions Budgeted 24 2. Area Development: Personal Services.......................................................................................................! 300,000 Regular Operating Expenses.......................................................................................! 8,000 Travel............................................................................................................................! 10,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...........................................................................................-! 2,400 Equipment Purchases......................................................................................................! 330 Computer Charges ........................................................................................................$ 5,000 Real Estate Rentals ......................................................................................................$ 6,000 Telecommunications.....................................................................................................! 9,000 Per Diem, Fees and Contracts.......................................................................................! 600 Grants to Area Planning and Development Commissions...............................................................................! 1,350,000 HUD 701 Planning Grants ..................................................................................$ 750,000 Total Funds Budgeted..........................................................................................! 2,441,330 State Funds Budgeted...........................................................................................! 1,549,289 Total Positions Budgeted 15 3. Local Development: Personal Services.......................................................................................................! 370,948 Regular Operating Expenses.....................................................................................! 10,014 Travel............................................................................................................................! 29,300 Motor Vehicle Equipment Purchases............................................................................! -0- MONDAY, MARCH 6, 1978 2463 Publications and Printing............................................................................................$ 6,200 Equipment Purchases.......................................................................................................? -0- Computer Charges ........................................................................................................$ 1,500 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 10,820 Per Diem, Fees and Contracts.....................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 429,282 State Funds Budgeted..............................................................................................! 230,797 Total Positions Budgeted 19 Budget Unit Object Classes: Personal Services....................................................................................................! 1,083,633 Regular Operating Expenses .....................................................................................$ 50,272 Travel............................................................................................................................! 60,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,200 Equipment Purchases...................................................................................................! 4,030 Computer Charges........................................................................................................! 6,500 Real Estate Rentals....................................................................................................! 43,950 Telecommunications...................................................................................................! 23,820 Per Diem, Fees and Contracts..................................................................................! 45,780 Grants to Area Planning and Development Commissions...............................................................................! 1,350,000 HUD 701 Planning Grants......................................................................................! 750,000 Total Positions Budgeted 58 Passenger Carrying Motor Vehicles 1 B. Budget Unit: State Building Administrative Board ....................................................................................$ 91,500 State Building Administrative Board Budget: Personal Services.........................................................................................................! 76,000 Regular Operating Expenses .......................................................................................$ 2,000 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 1,500 Per Diem, Fees and Contracts .................................................................................$ 3,500 Total Funds Budgeted...............................................................................................! 94,000 State Funds Budgeted................................................................................................! 91,500 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services.........................................................................................................! 76,000 Regular Operating Expenses.......................................................................................! 2,000 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 1,500 Per Diem, Fees and Contracts....................................................................................! 3,500 Total Positions Budgeted 5 Passenger Carrying Motor Vehicles 0 2464 JOURNAL OF THE HOUSE, C. Budget Unit: Indian Affairs Commission .....................................................................................................$ 67,487 Indian Affairs Commission Budget: Personal Services.........................................................................................................! 66,521 Regular Operating Expenses .......................................................................................$ 2,315 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...........................................................................................,$ 1,200 Equipment Purchases......................................................................................................$ 300 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 4,182 Telecommunications.....................................................................................................$ 2,200 Per Diem, Fees and Contracts .................................................................................$ 9,818 Total Funds Budgeted ...............................................................................................$ 89,536 State Funds Budgeted................................................................................................! 67,487 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services........................................................................................................-! 66,521 Regular Operating Expenses .......................................................................................$ 2,315 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,200 Equipment Purchases......................................................................................................! 300 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 4,182 Telecommunications.....................................................................................................! 2,200 Per Diem, Fees and Contracts....................................................................................! 9,818 Total Positions Budgeted 4 Passenger Carrying Motor Vehicles 0 D. Budget Unit: State Crime Commission...........................................................$ 592,665 1. State Crime Commission Planning and Grant Administration Budget: Personal Services.......................................................................................................! 598,189 Regular Operating Expenses.....................................................................................! 33,048 Travel............................................................................................................................! 21,116 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 18,125 Equipment Purchases.......................................................................................................! -0- Computer Charges ........................................................................................................$ 3,345 Real Estate Rentals ....................................................................................................$ 37,220 Telecommunications...................................................................................................! 18,500 Per Diem, Fees and Contracts...............................................................................* 17,922 Total Funds Budgeted .............................................................................................$ 747,465 State Funds Budgeted.........................................................................................-.....! 79,665 Total Positions Budgeted 31 2. LEAA Grants Budget: LEAA Juvenile Justice..........................................................................................! 1,500,000 LEAA Action Local ...............................................................................................$ 3,750,000 LEAA Action State................................................................................................! 2,725,000 LEAA State Buy-In..................................................................................................! 210,000 State Agency Matching Fund Reserve.....................................................................................................-...! 303,000 LEAA Planning .....................................................................................................$ 378,000 Total Funds Budgeted ..........................................................................................$ 8,866,000 MONDAY, MARCH 6, 1978 2465 State Funds Budgeted..............................................................................................$ 513,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services.......................................................................................................$ 598,189 Regular Operating Expenses .....................................................................................$ 33,048 Travel............................................................................................................................$ 21,116 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 18,125 Equipment Purchases .......................................................................................................$ -0- Computer Charges ........................................................................................................$ 3,345 Real Estate Rentals ....................................................................................................$ 37,220 Telecommunications...................................................................................................! 18,500 Per Diem, Fees and Contracts..................................................................................! 17,922 LEAA Action Local ...............................................................................................$ 3,750,000 LEAA Action State................................................................................................$ 2,725,000 LEAA State Buy-In..................................................................................................$ 210,000 State Agency Matching Fund Reserve.........................................................................................................! 303,000 LEAA Planning.........................................................................................................! 378,000 LEAA Juvenile Justice..........................................................................................! 1,500,000 Total Positions Budgeted 31 Passenger Carrying Motor Vehicles 4 For general administrative cost of operating the State Crime Commission Office, includ ing the State "buy-in" for Law Enforcement Assistance Agency grants to local governmen tal units. Provided, further, that the State Crime Commission is authorized to reprogram surplus LEAA funds with prior approval by the Fiscal Affairs Subcommittees. Section 15. Office of Comptroller General. Budget Unit: Office of Comptroller General.....................................................................................................$ 3,685,861 1. Internal Administration Budget: Personal Services.......................................................................................................! 327,630 Regular Operating Expenses .....................................................................................$ 57,902 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,900 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 13,000 Per Diem, Fees and Contracts .................................................................................$ 5,000 Total Funds Budgeted .............................................................................................$ 419,432 State Funds Budgeted..............................................................................................! 419,432 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services............................................................................................-..........! 615,500 Regular Operating Expenses .....................................................................................$ 40,260 Travel..............................................................................................................................! 7,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 27,000 Equipment Purchases...................................................................................................! 1,248 Computer Charges......................................................................................................! 34,400 Real Estate Rentals..........................................................................................................! -0- 2466 JOURNAL OF THE HOUSE, Telecommunications...................................................................................................! 23,500 Per Diem, Fees and Contracts...............................................................................* 14,000 Total Funds Budgeted .............................................................................................$ 762,908 State Funds Budgeted..............................................................................................! 762,908 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services.......................................................................................................! 255,700 Regular Operating Expenses .....................................................................................$ 20,120 Travel............................................................................................................................! 12,000 Motor Vehicle Equipment Purchases........................................................................! 4,500 Publications and Printing............................................................................................! 2,400 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,000 Per Diem, Fees and Contracts.......................................................................................* -0- Total Funds Budgeted .............................................................................................$ 299,720 State Funds Budgeted..............................................................................................! 299,720 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services...........................................................................................-..........! 541,580 Regular Operating Expenses.....................................................................................! 29,260 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases........................................................................! 4,500 Publications and Printing............................................................................................! 3,850 Equipment Purchases...................................................................................................! 3,640 Computer Charges.............................................................................................................! -0- Real Estate Rentals.........................................................................................................-! -0- Telecommunications...................................................................................................! 13,000 Per Diem, Fees and Contracts.................................................................................* 3,000 Total Funds Budgeted .............................................................................................$ 613,830 State Funds Budgeted..............................................................................................! 613,830 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services...................................................................-............-...................! 1,423,000 Regular Operating Expenses.....................................................................................! 84,760 Travel..........................................................................................................................! 126,000 Motor Vehicle Equipment Purchases......................................................................! 72,000 Publications and Printing..........................................................................................! 13,711 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................-...! -0- Telecommunications...................................................................................................! 25,500 Per Diem, Fees and Contracts.......................................................................................* -0- Total Funds Budgeted ..........................................................................................$ 1,749,971 State Funds Budgeted...........................................................................................! 1,589,971 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services....................................................................................................! 3,163,410 Regular Operating Expenses...................................................................................! 232,302 Travel..........................................................................................................................! 169,000 Motor Vehicle Equipment Purchases......................................................................! 81,000 MONDAY, MARCH 6, 1978 2467 Publications and Printing..........................................................................................! 53,861 Equipment Purchases...................................................................................................$ 9,888 Computer Charges......................................................................................................! 34,400 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 80,000 Per Diem, Fees and Contracts..................................................................................! 22,000 Total Positions Budgeted 224 Passenger Carrying Motor Vehicles 57 Section 16. Department of Defense. Budget Unit: Department of Defense..............................................................$ 1,916,929 1. Administration and Support of State Militia Budget: Personal Services.......................................................................................................! 581,145 Regular Operating Expenses .....................................................................................$ 72,644 Travel..............................................................................................................................! 5,250 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 25,500 Equipment Purchases...................................................................................................! 4,247 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 29,000 Per Diem, Fees and Contracts..................................................................................! 10,000 Military Assistance to Safety and Traffic Grant.........................................................................................! 1,500 Georgia Military Institute Grant..............................................................................! 16,000 Civil Air Patrol Contract........................................................................................$ 25,000 Total Funds Budgeted .............................................................................................$ 770,286 State Funds Budgeted..............................................................................................! 770,286 Total Positions Budgeted 33 2. Civil Defense Budget: Personal Services.......................................................................................................! 552,432 Regular Operating Expenses .....................................................................................$ 57,100 Travel............................................................................................................................! 20,700 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,250 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 20,700 Per Diem, Fees and Contracts...............................................................................$ 15,000 Total Funds Budgeted.............................................................................................! 669,182 State Funds Budgeted..............................................................................................! 344,992 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services.......................................................................................................! 106,000 Regular Operating Expenses ...................................................................................$ 119,972 Travel..............................................................................................................................! 4,400 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing................................................................................................! -0Equipment Purchases...................................................................................................! 9,000 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.........................................................................................................! -0Per Diem, Fees and Contracts....................................................................................! 3,000 2468 JOURNAL OF THE HOUSE, Grants to National Guard Units ............................................................................$ 277,500 Capital Outlay ..........................................................................................................$ 14,100 Total Funds Budgeted .............................................................................................$ 533,972 State Funds Budgeted..............................................................................................$ 533,972 Total Positions Budgeted 8 4. Disaster Preparedness and Recovery Budget: Personal Services.......................................................................................................! 145,595 Regular Operating Expenses .......................................................................................$ 6,781 Travel............................................................................................................................$ 24,650 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 1,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 3,600 Telecommunications.....................................................................................................! 3,520 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 185,146 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 9 5. Service Contracts Budget: Personal Services....................................................................................................! 1,425,398 Regular Operating Expenses ................................................................................$ 1,255,376 Travel..............................................................................................................................! 3,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications........................................................................................................! 900 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 2,685,174 State Funds Budgeted..............................................................................................! 267,679 Total Positions Budgeted 117 Budget Unit Object Classes: Personal Services....................................................................................................! 2,810,570 Regular Operating Expenses ................................................................................$ 1,511,873 Travel............................................................................................................................! 58,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 29,750 Equipment Purchases.................................................................................................! 13,247 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 3,600 Telecommunications...................................................................................................! 54,120 Per Diem, Fees and Contracts..................................................................................! 28,000 Military Assistance to Safety and Traffic Grant.........................................................................................! 1,500 National Guard Units Grants.................................................................................! 277,500 Georgia Military Institute Grant..............................................................................! 16,000 Civil Air Patrol Contract...........................................................................................! 25,000 Capital Outlay .............................................................................................................$ 14,100 Total Positions Budgeted 200 Passenger Carrying Motor Vehicles 20 MONDAY, MARCH 6, 1978 2469 Section 17. Economic Development Council of Georgia. Budget Unit: Economic Development Council of Georgia..................................................................................$ 50,000 Departmental Operations Budget: Personal Services.........................................................................................................? 36,000 Regular Operating Expenses .......................................................................................$ 2,800 Travel..............................................................................................................................! 1,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals......................................................................................................? 2,400 Telecommunications.....................................................................................................? 3,200 Per Diem, Fees and Contracts .................................................................................$ 4,000 Total Funds Budgeted...............................................................................................? 50,000 State Funds Budgeted................................................................................................? 50,000 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services.........................................................................................................? 36,000 Regular Operating Expenses.......................................................................................? 2,800 Travel..............................................................................................................................? 1,600 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases.......................................................................................................? -0- Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................? 2,400 Telecommunications.....................................................................................................? 3,200 Per Diem, Fees and Contracts....................................................................................? 4,000 Total Positions Budgeted 2 Passenger Carrying Motor Vehicles 0 Section 18. State Board of Education - Department of Education. A. Budget Unit: Department of Education .............................................................................................$ 877,699,256 1. Instructional Services Budget: Personal Services....................................................................................................? 2,561,896 Regular Operating Expenses...................................................................................? 103,160 Travel..........................................................................................................................? 177,700 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 83,390 Equipment Purchases...................................................................................................? 3,410 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 61,098 Telecommunications...................................................................................................? 83,280 Per Diem, Fees and Contracts.........................................................................$ 1,095,980 Total Funds Budgeted..........................................................................................? 4,169,914 State Funds Budgeted...........................................................................................? 2,739,418 Total Positions Budgeted 134 2. Governor's Honors Program Budget: Personal Services.......................................................................................................? 222,614 Regular Operating Expenses.....................................................................................? 49,620 Travel..............................................................................................................................? 3,500 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing............................................................................................? 4,000 Equipment Purchases...................................................................................................? 2,000 2470 JOURNAL OF THE HOUSE, Computer Charges.............................................................................................................? -0- Real Estate Rentals ......................................................................................................$ 3,150 Telecommunications.....................................................................................................? 4,800 Per Diem, Fees and Contracts ............................................................................$ 273,850 Total Funds Budgeted .............................................................................................$ 563,534 State Funds Budgeted..............................................................................................$ 563,534 Total Positions Budgeted 2 3. Vocational and Adult Education Budget: Personal Services....................................................................................................? 2,006,134 Regular Operating Expenses ...................................................................................$ 158,810 Travel..........................................................................................................................$ 162,400 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 32,450 Equipment Purchases...................................................................................................? 7,100 Computer Charges.............................................................................................................? -0- Real Estate Rentals ....................................................................................................$ 17,200 Telecommunications...................................................................................................? 70,450 Per Diem, Fees and Contracts.............................................................................? 1,619,884 Utilities ........................................................................................................................$ 6,400 Total Funds Budgeted..........................................................................................? 4,080,828 State Funds Budgeted...........................................................................................? 1,237,661 Total Positions Budgeted 110 4. Media Services Budget: Personal Services....................................................................................................? 2,486,756 Regular Operating Expenses................................................................................? 1,549,610 Travel............................................................................................................................? 59,500 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing........................................................................................? 124,200 Equipment Purchases...............................................................................................? 159,610 Computer Charges.............................................................................................................? -0- Real Estate Rentals......................................................................................................? 5,050 Telecommunications...................................................................................................? 57,970 Per Diem, Fees and Contracts................................................................................? 209,190 Utilities.......................................................................................................................? 261,280 Capital Outlay.............................................................................................................$ 8,000 Total Funds Budgeted ..........................................................................................? 4,921,166 State Funds Budgeted...........................................................................................? 4,285,149 Total Positions Budgeted 180 5. Public Library Services Budget: Personal Services.......................................................................................................? 591,370 Regular Operating Expenses...................................................................................? 265,551 Travel............................................................................................................................? 18,011 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing............................................................................................? 9,600 Equipment Purchases.................................................................................................? 12,300 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 67,830 Telecommunications...................................................................................................? 40,385 Per Diem, Fees and Contracts..................................................................................? 44,050 Utilities ........................................................................................................................$ 9,840 Total Funds Budgeted..........................................................................................? 1,058,937 State Funds Budgeted..............................................................................................? 682,824 Total Positions Budgeted 49 6. State Administration Budget: Personal Services.......................................................................................................? 826,203 MONDAY, MARCH 6, 1978 2471 Regular Operating Expenses .....................................................................................$ 77,635 Travel............................................................................................................................$ 35,575 Motor Vehicle Equipment Purchases ........................................................................$ 5,500 Publications and Printing..........................................................................................} 20,300 Equipment Purchases.................................................................................................! 10,750 Computer Charges.............................................................................................................} -0- Real Estate Rentals ....................................................................................................$ 14,361 Telecommunications...................................................................................................} 21,050 Per Diem, Fees and Contracts ............................................................................$ 255,760 Total Funds Budgeted..........................................................................................} 1,267,134 State Funds Budgeted..............................................................................................} 991,154 Total Positions Budgeted 38 7. Administrative Services Budget: Personal Services....................................................................................................} 3,755,965 Regular Operating Expenses...................................................................................} 385,613 Travel..........................................................................................................................} 212,520 Motor Vehicle Equipment Purchases......................................................................} 15,000 Publications and Printing........................................................................................} 184,935 Equipment Purchases.................................................................................................} 13,980 Computer Charges....................................................................................................} 670,626 Real Estate Rentals....................................................................................................} 63,711 Telecommunications...................................................................................................} 90,329 Per Diem, Fees and Contracts..................................................................................} 74,400 Utilities......................................................................................................................$ 25,060 Total Funds Budgeted..........................................................................................} 5,492,139 Indirect DOAS Services Funding........................................................-..................} 130,000 State Funds Budgeted...........................................................................................} 3,205,276 Total Positions Budgeted 244 8. Certification of Public School Personnel Budget: Personal Services......................................................................................................-! 301,017 Regular Operating Expenses ...,,................................................................................$ 17,880 Travel......................................................................................................-........-..........-.! 1,200 Motor Vehicle Equipment Purchases..--.........----------------------! -0- Publications and Printing.............--.......------.----..--....----.--....--------------..! 6,760 Equipment Purchases.......................................................................................................} -0- Computer Charges..................................----.------------------------"----------! -0- Real Estate Rentals.............----.....--------......--.................--....-.......--.--..--! -0- Telecommunications.--.....--..--...----.....--------------------------...................--...$ 8,180 Per Diem, Fees and Contracts...........................----------------------------$ 200 Total Funds Budgeted.............................................................."......------------.! 335,237 State Funds Budgeted..............----------------......----.----.------------! 324,832 Total Positions Budgeted 27 9. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools)................................".......-."..."""-----------! 26,738,617 Direct Grants to School Systems for Capital Outlay Purposes......-....-........."...-....."..--.-"".""-"""""-"""--! 780,243 Authority Lease Rentals........................................-----------------------! 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)).-..................................-.-..-......-...--.-..------------! 387,480,674 2472 JOURNAL OF THE HOUSE, Salaries of Instructional Personnel (Sec. 5)............................................................................-.....-.....$ 54,281,703 Salaries of Student Supportive Personnel (Sec. 20 (a)) ................................................................................$ 17,326,043 Salaries of Administrative and Supervisory Personnel (Sec. 21) ....................................................................................--.....----$ 48,875,690 Pre-School Leadership Personnel (Sec. 21(c) (1)).........................................................................................$ -0- Special Education Leadership Personnel (Sec. 21(c) (2))...........................................................................-..$ 1,744,763 Instructional Media (Sec.13) ..........................................................................$ 16,203,157 Instructional Equipment (Sec. 14) ..............................................................................................................$ 658,521 Maintenance and Operation (Sec. 15) .........................................................................................................$ 68,863,415 Sick and Personal Leave (Sec. 16)...........................................................................................................$ 5,063,486 Travel (Sec. 17) .....................................................................................................$ 747,140 Pupil Transportation Regular (Sec. 25) ..........................................................................................$ 39,327,867 Pupil Transportation Special (Sec. 25) .............................................................................................$ 3,692,196 Isolated Schools.....................................................................................................! 177,059 Selective Pre-School Development .................................................................................................$ 24,008,355 Mid-Term Adjustment..................................................................................$ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families...................................................................................$ 64,854,814 Driver Education...........................................................................................................! -0Teacher Retirement.........................................................................................! 51,945,219 Instructional Services for the Handicapped............................................................................................! 6,024,735 Preparation of Professional Personnel in Education of Handicapped Children.................................................................................! 120,000 Educational Training Services for the Mentally Retarded.................................................................................! 20,000 Tuition for the Multi handicapped.......................................................................................................! 622,000 Severely Emotionally Disturbed.........................................................................................................! 6,071,115 Compensatory Education................................................................................! 12,746,747 Guidance, Counseling and Testing........................................................................................................................! -0School Library Resources and Other Materials.......................................................................................! 3,703,157 School Lunch..................................................................................................! 114,019,600 Supplementary Education Centers and Services......................................................................................! 3,150,619 Staff Development.............................................................................................! 1,280,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification............................................................................................! 595,000 MONDAY, MARCH 6, 1978 2473 Cooperative Educational Service Agencies .............................................................................................$ 2,556,720 Superintendents' Salaries .................................................................................$ 3,500,154 High School Program ......................................................................................$ 17,916[906 Area Vocational-Technical Schools ...........................................................................................................$ 34,569,023 Research and Development Utilization...................................................................................................................! -0- Junior College Vocational Program..............................................................................................................! 771,173 Quick Start Program ..................................................................................,......$ 1,200,000 Comprehensive Employment and Training ...................................................................................................$ 2,724,107 Vocational Research and Curriculum..................................................................................................................! -0- Adult Education.................................................................................................! 2,934,602 Salaries and Travel of Public Librarians............................................................................................! 3,218,460 Public Library Materials...................................................................................! 2,041,431 Talking Book Centers...........................................................................................! 496,000 Public Library Maintenance and Operation.................................................................................................! 1,817,508 Public Library Construction.............................................................................! 1,250,000 Comprehensive Planning............................................................................,.........! 520,000 Competency-Based High School Graduation Requirements................................................................................! 250,000 Vocational Special Disadvantaged....................................................................................................$ 516,632 Instructional Aides.............................................................................................$ 7,066,407 Teacher Health Insurance ..............................................................................$ 13,250,000 Regional ITV Projects.........................................-................................................? 100,000 Area Vocational Technical School Construction ......................................................................................$ 242,000 Total Funds Budgeted...................................................................................! 1,060,396,262 State Funds Budgeted.......................................................................................$ 863,669,408 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services...................................................................................-.......-.....^ 12,751,955 Regular Operating Expenses .........................................................-----------! 2,607,879 Travel..................................................................................................................-.......$ 670,406 Motor Vehicle Equipment Purchases..........................................................................................-.......-......-...! 20,500 Publications and Printing..................................--.--......................................----...! 465,635 Equipment Purchases.....-........................-......----.----------------------! 209,150 Computer Charges.....................----------.............................----.----------------I 670,626 Real Estate Rentals..........................................................................--..----..---! 232,400 Telecommunications........................----......--..----................................................! 376,444 Per Diem, Fees ard Contracts...................----------------------.------! 3,573,314 Utilities............................................................................-.-...-.-.-..----.--.----! 302,580 Capital Outlay...................................------------------.......................---..------! 8,000 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2))...................................................................-.--.--------..! 387,480,674 Salaries of Instructional Personnel (Sec. 5)............................................-.-.-.-..----------------$ 54,281,703 2474 JOURNAL OF THE HOUSE, Salaries of Student Supportive Personnel (Sec. 20 (a)) ................................................................................$ 17,326,043 Salaries of Administrative and Supervisory Personnel (Sec. 21) .........................................................................................................$ 48,875,690 Pre-School Leadership Personnel (Sec. 21(c) (1))........................................................................................-$ -0- Special Education Leadership Personnel (Sec. 21(c) (2)).......................................................-..................--$ 1,744,763 Instructional Media (Sec. 13)......................................................................-.$ 16,203,157 Instructional Equipment (Sec. 14) ..............................................................................................................! 658,521 Maintenance and Operation (Sec. 15) .........................................................................................................$ 68,863,415 Sick and Personal Leave (Sec. 16) ...........................................................................................................$ 5,063,486 Travel (Sec. 17) .....................................................................................................$ 747,140 Pupil Transportation Regular (Sec. 25) ..........................................................................................$ 39,327,867 Pupil Transportation Special (Sec. 25) .............................................................................................$ 3,692,196 Isolated Schools.....................................................................................................} 177,059 Selective Pre-School Development.................................................................................................! 24,008,355 Mid-Term Adjustment ......................................................................................$ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families...................................................................................! 64,854,814 Driver Education...........................................................................................................! -0Teacher Retirement........................................................................................-! 51,945,219 Instructional Services for the Handicapped............................................................................................! 6,024,735 Preparation of Professional Personnel in Education of Handicapped Children.................................................................................! 120,000 Educational Training Services for the Mentally Retarded.................................................................................! 20,000 Tuition for the Multi handicapped.......................................................................................................! 622,000 Severely Emotionally Disturbed.........................................................................................................! 6,071,115 Compensatory Education................................................................................! 12,746,747 High School Program ......................................................................................$ 17,916,906 Vocational Research and Curriculum..........................................................................................................! -0Adult Education.................................................................................................! 2,934,602 Area Vocational Technical Schools...........................................................................................................! 34,569,023 Research and Development Utilization...................................................................................................................! -0Junior College Vocational Program ..............................................................................................................$ 771,173 Quick Start Program .........................................................................................$ 1,200,000 Comprehensive Employment and Training ...................................................................................................$ 2,724,107 Guidance, Counseling and Testing ........................................................................................................................$ -0- MONDAY, MARCH 6, 1978 2475 School Library Resources and Other Materials.......................................................................................$ 3,703,157 Salaries and Travel of Public Librarians.......................................,....................................................! 3,218,460 Public Library Materials...................................................................................! 2,041,431 Talking Book Centers...........................................................................................! 496,000 Public Library Maintenance and Operation.................................................................................................! 1,817,508 Public Library Construction.............................................................................! 1,250,000 School Lunch..................................................................................................! 114,019,600 Supplementary Education Centers and Services......................................................................................! 3,150,619 Staff Development.............................................................................................! 1,280,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification............................................................................................! 595,000 Cooperative Educational Service Agencies.............................................................................................! 2,556,720 Superintendents' Salaries.................................................................................! 3,500,154 Comprehensive Planning......................................................................................! 520,000 Competency-Based High School Graduation Requirements................................................................................! 250,000 Vocational Special Disadvantaged....................................................................................................! 516,632 Instructional Aides.............................................................................................! 7,066,407 Teacher Health Insurance ..............................................................................! 13,250,000 Regional ITV Projects..........................................................................................! 100,000 Area Vocational Technical School Construction..........................................................................................! 242,000 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools)..........................................................................................! 26,738,617 Direct Grants to School Systems for Capital Outlay Purposes ....................................................................................................$ 780,243 Authority Lease Rentals ..........................................................................................$ 333,204 Total Positions Budgeted 784 Passenger Carrying Motor Vehicles 17 B. Budget Unit: Institutions ............................................................................$ 10,291,954 1. Georgia Academy for the Blind Budget: Personal Services.....................................................................................-.............! 1,535,059 Regular Operating Expenses ...................................................................................$ 182,184 Travel.............................................................................................................................-! 2,300 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing...........................................................-........--.....................! 2,345 Equipment Purchases........................................................--......................................! 28,880 Computer Charges....................................................--......................................................! -0Real Estate Rentals ..........................................................................................................$ -0Telecommunications....--.--...--.--..--....................----------------------------$ 11,059 Per Diem, Fees and Contracts......................--..--.--....................................--...--.--.$ 4,600 Utilities................................................-..----.........-----.-----.--...-.----.--$115,000 Capital Outlay..........................................................................--..----...----...$ 12,000 Total Funds Budgeted ...-...-.-...-..-....-.......-...---..--------------.$ 1,893,427 State Funds Budgeted...........----.......-...........----...-----.......................--.$1,642,626 Total Positions Budgeted 152 2476 JOURNAL OF THE HOUSE, 2. Georgia School for the Deaf Budget: Personal Services..............................................................................-..-..........-.* 2,801,435 Regular Operating Expenses......................................................................----$ 643,874 Travel.............................-........................-...............-...........-.--..----.------$6,320 Motor Vehicle Equipment Purchases...........................................----........------$ 64,000 Publications and Printing............................................................................--------$ -0- Equipment Purchases............................--.....----...........----.......----------$ 40,911 Computer Charges........................................................................................--..--------$ -0- Real Estate Rentals..........................................................................--..........--....-$ -0- Telecommunications...............................................................................--....--........$ 12,000 Per Diem, Fees and Contracts....................................................................--..--..--$ 4,000 Utilities......................................................................................................................-$144,370 Capital Outlay...........................................................................................................$ 966,816 Authority Lease Rentals .........................................................................................$ 23,400 Total Funds Budgeted ..........................................................................................$ 4,707,126 State Funds Budgeted............................................................--..........--...--..--* 4,338,538 Total Positions Budgeted 272 3. Atlanta Area School for the Deaf Budget: Personal Services....................................................................................................* 1,028,000 Regular Operating Expenses ...................................................................................$ 154,431 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases............................................................................* -0- Publications and Printing............................................................................................* 1,500 Equipment Purchases.................................................................................................* 10,410 Computer Charges.............................................................................................................* -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 11,770 Per Diem, Fees and Contracts..................................................................................! 42,800 Utilities.........................................................................................................................* 55,860 Capital Outlay..................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,308,771 State Funds Budgeted...........................................................................................$ 1,187,098 Total Positions Budgeted 83 4. North Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 1,516,000 Regular Operating Expenses ...................................................................................$ 404,008 Travel............................................................................................................................$ 14,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 5,250 Equipment Purchases.................................................................................................$ 61,000 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 7,300 Per Diem, Fees and Contracts....................................................................................! 9,200 Utilities.......................................................................................................................! 179,778 Capital Outlay...........................................................................................................! 175,199 Authority Lease Rentals .........................................................................................$ 54,750 Total Funds Budgeted..........................................................................................! 2,426,985 State Funds Budgeted...........................................................................................! 1,693,468 Total Positions Budgeted 103 5. South Georgia Vocational-Technical School Budget: Personal Services....................................................................................................! 1,296,000 MONDAY, MARCH 6, 1978 2477 Regular Operating Expenses ...................................................................................$ 297,381 Travel............................................................................................................................$ 12^000 Motor Vehicle Equipment Purchases ........,...................................................................$ -0- Publications and Printing............................................................................................$ 3,360 Equipment Purchases.................................................................................................! 54,195 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 8,150 Per Diem, Fees and Contracts....................................................................................! 4,110 Utilities.......................................................................................................................! 160,000 Capital Outlay ...................................................................................................................$ -0- Authority Lease Rentals .........................................................................................$ 49,315 Total Funds Budgeted ..........................................................................................$ 1,884,511 State Funds Budgeted...........................................................................................! 1,274,365 Total Positions Budgeted 97 6. State Schools Administration Budget: Personal Services.......................................................................................................! 139,791 Regular Operating Expenses.......................................................................................! 2,440 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 900 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 1,400 Per Diem, Fees and Contracts..................................................................................! 30,000 Utilities..............................................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 179,531 State Funds Budgeted..............................................................................................! 155,859 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services....................................................................-.............-.................! 8,316,285 Regular Operating Expenses ................................................................................$ 1,684,318 Travel............................................................................................................................! 44,120 Motor Vehicle Equipment Purchases..........-.........................................................! 64,000 Publications and Printing..........................................................................................! 13,355 Equipment Purchases.....................................................................................-.........! 195,396 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................-....! -0- Telecommunications............................................................---.......----..----..............! 51,679 Per Diem, Fees and Contracts ................................................................................$ 94,710 Utilities ..........................................................................................................-............$ 655,008 Capital Outlay ........................................................................................................$ 1,154,015 Authority Lease Rentals ..........................................................................................$ 127,465 Total Positions Budgeted 713 Passenger Carrying Motor Vehicles 61 Provided, that none of the State funds appropriated above may be expended to initiate or commence any new program or project which would create a continuing obligation of the current funds of the State, unless such program or project has been authorized by the General Assembly. Provided, that where teaching personnel are paid in whole or in part from funds other than State-local funds, the fund source from which such salary is paid shall be the pro 2478 JOURNAL OF THE HOUSE, rata part of the cost of employer contributions to the Teachers' Retirement System appli cable to such salary. Provided, that of the above appropriation relative to Compensatory Education, $12,746,747 is designated and committed for a compensatory education program for stu dents in grades 2 through 6 and shall be used for remedial purposes only. Provided, fur ther, that $10,246,747 of these funds shall be distributed on a parity formula based on the total average daily attendance in grades 2 through 6 while the remaining funds of $2,500,000 shall be distributed on the basis of the proportion of students in each local sys tem failing to achieve 10 or more of the objectives on the fourth grade criterion-referenced test in reading. Provided, that of the above appropriation relative to selective pre-school development, funds shall be used to fund a half-day program for children who are five by September 1 and who have the greater developmental needs. Provided, however, that such needs be assessed on the basis of tests specifically developed for use with children of pre-school age, measuring abilities and perception, language and visual motor coordination. Local systems shall administer such tests as a criterion for admission. Provided, further, that for said selective pre-school development programs, each system shall be allotted one instructional unit and any additional instructional units shall be allot ted on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance; except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Allotments shall be based upon 1977-78 attendance data from the selected pre-school development program for continuation of existing programs; additional allotments shall be based upon the proportion of the local system's first grade ADA to the total State first grade ADA, with unused allotments redistributed to local systems on the basis of need as determined by the State Board of Education. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $8,579 for operational cost incurred by continued units and $11,304 for operational cost incurred by new units in pre-school devel opment programs. Operational cost shall include maintenance and operation, sick and per sonal leave, instructional media, instructional equipment, testing, transportation, and additional instructional personnel when such additions will have the effect of serving addi tional students, provided such additional students shall not be used for the purpose of earning additional instructional units. Provided, that independent school systems shall be eligible to participate in the "mini buses" transportation program for Special Education Students. Provided, that the State Board of Education shall make allotments for Sections 5, 10, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1973. Provided, that of any State Funds appropriated to local systems for classroom teacher salaries on the basis of Average Daily Attendance in grades 1 through 7, such teachers shall be used in the school where earned and shall be used only for the purpose of funding regular (general education) classroom teachers in grades where earned. Provided, that of the above appropriation, relative to special education $27,500 is desig nated and committed for payment to the Houston County Board of Education for pay ment to Houston County Speech and Hearing School, and $27,500 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School. Provided, that in Sections 20 and 21 of the Adequate Program for Education Act, as it relates to earnings of non-teaching certificated personnel which are not fully funded, and this Act causes a division of allocation which had previously been provided from a single Section of the Minimum Foundation Program of Education Act, it shall be permissible for the State Board of Education to use non-teaching certificated personnel interchangeably in the divided sections so as not to cause hardship among the local school systems as it related to non-teaching certificated personnel who are presently employed. Provided, that funds appropriated above for Instructional Equipment, (Section 14 of the Adequate Program of Education Act) shall be distributed to local systems based on 75 cents per child in average daily attendance. MONDAY, MARCH 6, 1978 2479 Provided, that of the above appropriation relative to Public Library Construction Grants, $1,250,000 is designated and committed for public library construction and renovation. Provided, that of the above appropriation relative to Travel (Section 32-617a of APEG), such funds shall be allocated to local systems based on 85 cents per student in average daily attendance. Provided, that of the above appropriation, funds allocated for the purpose of renovating public school buildings and facilities shall be determined on the basis of policies and procedures to be developed by the State Board of Education, which shall include, but not be limited to, the following: 1. Only one single building project per local system shall be eligible for State funds in any one fiscal year. 2. No project shall be eligible if the estimated cost of construction exceeds 60 percent of the estimated cost of a new building to house the same programs. 3. No project shall be eligible unless it is to be utilized at or near capacity for the fore seeable future. 4. No project shall be eligible unless it comprehensively addresses all needed improve ments to house the functions and educational programs within the facility. 5. A higher priority ranking shall be given to those projects which require a lesser per centage of construction cost for items which would otherwise be financed from mainte nance and operation funds. 6. A local system shall be required to provide local funds in an amount to be determined by the State Board of Education's policies which reflect the local system's financial ability to participate. It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the purpose of financing a school construction program throughout the State of Georgia shall be determined on the basis of a formula to be promulgated by the State Board of Education, based on current increased average daily attendance, surveyed pro jected growth, consolidation, renovations, outstanding local effort of school systems, age and condition of existing school buildings, and such other criteria by the Board to insure that classroom need is the basis of distribution. Provided, further, funds appropriated for Maintenance and Operation, Sick and Per sonal Leave and Instructional Media, for all Special Education Teachers, payments shall not be made until the allotted teaching unit has been filled. Provided, that of the above appropriation for Comprehensive High School Program, $541,800 is designated and committed for vocational equipment. Provided, that of the above appropriation for instructional aides, funds shall be allo cated on the basis of a half-time aide for each State-allotted first grade teacher and $50 for the training of each such aide; provided, further, that such funds shall be used to serve first grade students (or ungraded primary students composed of grades 1 through 3); pro vided, further, in extenuating circumstances, with prior approval of the State Superinten dent of Schools, such earnings may be used in grades 2 and 3. Provided, that of the above appropriation relative to the Educational Training Services for the Mentally Retarded Grant, $15,000 is designated and committed for the Bostwick Center in Bostwick, Georgia. Provided, that of the above appropriation relative to Direct Grants to School Systems for Capital Outlay Purposes, $100,000 is designated and committed for planning grants for consolidated schools in Baker, Mitchell, Quitman and Stewart counties, and $56,000 for the Polk County School System. It is the intent of this General Assembly that the additional Section 5 teaching per sonnel appropriated herein shall be allocated to all local units of administration on the basis of identified unserved exceptional student need. Need shall be determined by the number of children identified by local school districts as having met all requirements of State and Federal laws, rules and regulations for placement into classes for exceptional children. The fact that an eligible local unit of administration is currently meeting some portion of its identified exceptional student needs via local supplemental funding shall not be a factor for consideration in the State Board of Education's allocation formula. Further- 2480 JOURNAL OF THE HOUSE, more, the Section 5 teaching units so allocated to an eligible local unit shall remain a part of that local unit's allotment until the end of the current school year in which allocated. Further, it is the intent of this General Assembly that the Special Education teaching per sonnel (Section 5) utilized in providing educational programs for intellectually gifted stu dents in eligible local units of administration during FY 1978 shall not be diminished in FY 1979, unless there is clear indication that the student need for such a program in an eligible local unit of administration has declined. Provided, that of the above appropriation for $1,280,000 for Staff Development, $100,000 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) utilized in programs for intellectually gifted students, and to assist in the development of a State program plan for gifted students by the State Superintendent of Schools. It is the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia. Provided, that of the above appropriation for High School Program, $40,000 is desig nated and committed for renovation of the high school in Lincoln County. Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System....................................................................................................................$ -0- 1. Employees' Retirement System Budget: Personal Services.......................................................................................................$ 430,000 Regular Operating Expenses .....................................................................................$ 42,900 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases...................................................................................................$ 3,200 Computer Charges ....................................................................................................$ 133,603 Telecommunications.....................................................................................................! 7,700 Per Diem, Fees and Contracts ............................................................................$ 325,000 Total Funds Budgeted .............................................................................................$ 959,403 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services.......................................................................................................! 430,000 Regular Operating Expenses.....................................................................................! 42,900 Travel..............................................................................................................................! 5,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 12,000 Equipment Purchases...................................................................................................! 3,200 Computer Charges ....................................................................................................$ 133,603 Telecommunications.....................................................................................................! 7,700 Per Diem, Fees and Contracts ................................................................................$ 325,000 Total Positions Budgeted 28 Passenger Carrying Motor Vehicles 1 Section 20. Office of Fair Employment Practices. Budget Unit: Office of Fair Employment Practices ..............................................................................$ 196,309 Office of Fair Employment Practices Budget: Personal Services.......................................................................................................$ 189,323 Regular Operating Expenses .....................................................................................$ 10,470 MONDAY, MARCH 6, 1978 2481 Travel............................................................................................................................$ 11,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 2,100 Equipment Purchases...................................................................................................! 4,350 Computer Charges...............--------....--....................................................................! -0- Real Estate Rentals ......................................................................................................$ 7,820 Telecommunications...............................................................................................,.....! 2,750 Per Diem, Fees and Contracts...............................................................................$ 62,474 Total Funds Budgeted .............................................................................................$ 290,287 State Funds Budgeted..............................................................................................! 196,309 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services.......................................................................................................! 189,323 Regular Operating Expenses .....................................................................................$ 10,470 Travel............................................................................................................................$ 11,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 2,100 Equipment Purchases...................................................................................................! 4,350 Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,820 Telecommunications.....................................................................................................! 2,750 Per Diem, Fees and Contracts..................................................................................! 62,474 Total Positions Budgeted 11 Passenger Carrying Motor Vehicles 0 Section 21. Forest Research Council. Budget Unit: Forest Research Council................................................................$ 593,560 Forest Research Council Budget: Personal Services.......................................................................................................! 111,200 Regular Operating Expenses .....................................................................................$ 23,360 Travel..............................................................................................................................! 4,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 23,000 Equipment Purchases...................................................................................-........-......! 1,200 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................$ 2,800 Per Diem, Fees and Contracts.......................................................................................-! -0- Contractual Research......--...-.-----..----------.------.----.-----$ 437,000 Total Funds Budgeted .............................................................................................$ 602,560 State Funds Budgeted.....................................................-.........-......................-...! 593,560 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services.-.--..-.....-............-.-......--...----..........--------.........$ 111,200 Regular Operating Expenses .....................................................................................$ 23,360 Travel...........-................-.........-......-...-..----....----.-..---...............------...! 4,000 Motor Vehicle Equipment Purchases.............................................................----...--! -0- Publications and Printing----.....--...........................--....--....--..--..............--....$ 23,000 Equipment Purchases...................--..--...--.--.---------------------------------! 1,200 Computer Charges.......--.------.--------------..........................................----$ -0- Real Estate Rentals..--............--...........---.--.----..----------------------$ -0- Telecommunications...................................--------------------------..------$ 2,800 Per Diem, Fees and Contracts...........................-----------------.......--------! -0- Contractual Research..............................--------------------------------$ 437,000 Total Positions Budgeted 6 Passenger Carrying Motor Vehicles 3 2482 JOURNAL OF THE HOUSE, Section 22. Forestry Commission. Budget Unit: Forestry Commission...........................................-.....-........---$ 12,405,640 1. Reforestation Budget: Personal Services......................................................................-....--...-.-----* 515,600 Regular Operating Expenses..............................................................--------$ 269,600 Travel.................................................-.-..-.....-.-...-..-..----------------------$ 3.300 Motor Vehicle Equipment Purchases.....--.--.................................... ...........----..$ 39,700 Publications and Printing.................................--.--........-.--.------------------$ 900 Equipment Purchases..........................----.--.........--..............--..----..----..--$ 60,000 Computer Charges...........................................................--------------------------! 8,253 Real Estate Rentals................................................................--..--.......----------$ -0- Telecommunications...............----.----............................................--.--.--..--....--$ 8,500 Per Diem, Fees and Contracts-............................----------------....--.......$ 41,045 Total Funds Budgeted.............................................................................................$ 946,898 State Funds Budgeted...................................................----------...--....------$ 334,870 Total Positions Budgeted 30 2. Field Services Budget: Personal Services..................-.................----........................................--..----$ 10,057,887 Regular Operating Expenses ................................................................................$ 1,512,416 Travel.................................................-...........................................-------------.--$68,000 Motor Vehicle Equipment Purchases .................................................................$ 1,227,494 Publications and Printing..............--.............................................................--.--! 17,600 Equipment Purchases........................................................................................--...$ 254,400 Computer Charges.------------........................................................ .........,,.------...$ 20,400 Real Estate Rentals ..................................................................................................,,..$ 1,760 Telecommunications------...--..................................................................... ..........:$ 352,200 Per Diem, Fees and Contracts................................................................................$ 450,803 Ware County Grant ....................................................................................................$ 60,000 Capital Outlay.--...................................................................................................$ 185,500 Total Funds Budgeted ........................................................................................$ 14,208,460 State Funds Budgeted.........................................................................................! 11,558,460 Total Positions Budgeted 810 3. General Administration and Support Budget: Personal Services.......................................................................................................! 406,600 Regular Operating Expenses .....................................................................................$ 74,000 Travel............................................................................................................................$ 11,300 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 11,600 Equipment Purchases......................................................................................................! 700 Computer Charges......................................................................................................$ 52,010 Real Estate Rentals..........................................................................................................! -0- Telecommunications.--..--.----.......................................................,,......................! 11,000 Per Diem, Fees and Contracts.................................................................................! 3,100 Total Funds Budgeted.......................... ...................................................................$ 570,310 State Funds Budgeted..............................................................................................! 512,310 Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services..................................................................................................$ 10,980,087 Regular Operating Expenses................................................................................$ 1,856,016 Travel............................................................................................................................! 82,600 Motor Vehicle Equipment Purchases.................................................................! 1,267,194 Publications and Printing..........................................................................................! 30,100 Equipment Purchases...............................................................................................! 315,100 Computer Charges ------..--------..................................................................! 80,663 MONDAY, MARCH 6, 1978 2483 Real Estate Rentals ......................................................................................................$ IJQQ Telecommunications .......................................................................,,...........,,......,,.,,$ 371,700 Per Diem, Fees and Contracts ................................................................................$ 494^943 Ware County Grant ....................................................................................................$ 60^000 Capital Outlay ...........................................................................................................$ 185,500 Total Positions Budgeted 862 Passenger Carrying Motor Vehicles 360 Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative Forest Protection, Cooperative Forest Man agement, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appro priated herein. Provided further that such supplantation shall not be implemented if so doing would jause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. Provided, that of the above appropriation relating to Capital Outlay, $185,500 is desig nated and committed for construction or replacement of a cold storage facility, county offi ces, shops and truck sheds. Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation............................................................................................$ 9,909,217 1. General Administration Budget: Personal Services............--...................................-.....-.....---...................----! 396,000 Regular Operating Expenses .....................................................................................$ 29,925 Travel..............................................................................................................................$ 5,700 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing.............-....-....---.--..........-...--.........-............------..$ 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges..............................................................................-..............................! -0- Real Estate Rentals ....................................................................................................$ 27,000 Telecommunications............................................................................--....................! 15,500 Per Diem, Fees and Contracts......................--...--......--...------...----..------......----...$ -0- Total Funds Budgeted.............................................................................................$ 476,125 State Funds Budgeted.......................................................................-.......-..........! 476,125 Total Positions Budgeted 25 2. Investigative Division Budget: Personal Services.............................----.....-.-----------..........----..----.-$ 3,553,600 Regular Operating Expenses ...................................................................................$ 436,452 Travel........................................................................................---------------! 265,800 Motor Vehicle Equipment Purchases............----.--....----.---------.------! 227,100 Publications and Printing...........................................--------------------------! 24,800 Equipment Purchases.......................................................----------------------! 17,700 Computer Charges.....................................-.......------------------------------! 3,000 Real Estate Rentals.......-..-........-..-..-....-....---.-.--.--.-.---.--..-! 72,000 Telecommunications................................------------------------------! 120,000 Per Diem, Fees and Contracts..............................--------------------------$ 30,000 Evidence Purchased..............................................-----------------------$ 178,500 Total Funds Budgeted....---.-...-.-...-...-...---.-.-.---.-.-.------.! 4,928,952 State Funds Budgeted...........................-...........-.........-...----...------------! 4,512,952 Total Positions Budgeted 186 3. Crime Laboratory Budget: Personal Services...............--------------------------------------------! 1,392,000 Regular Operating Expenses.............--................-...-.-..-.-.------------! 246,000 Travel...............................................-......-...---------------------------! 17,000 2484 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases ......................................................................$ 30,000 Publications and Printing...........................................................................--..............$ 3,300 Equipment Purchases..................................................................--..........--------.$ 184,000 Computer Charges....................................................................................................$192,200 Real Estate Rentals .........................................................--...-..----...................-$ 25,000 Telecommunications..................--...........................--..........................................--...$ 29,000 Per Diem, Fees and Contracts........................................................................... ............$ -0- Total Funds Budgeted ..........................................................................................$ 2,118,500 State Funds Budgeted........................................................................................-! 2,009,600 Total Positions Budgeted 79 4. Georgia Crime Information Center Budget: Personal Services...........................................................................----..................$ 1,422,000 Regular Operating Expenses............................................................................ .......$ 124,245 Travel...........................................................................................................-................$ 9,500 Motor Vehicle Equipment Purchases...................................----............................$ 54,000 Publications and Printing................................................................................------$ 75,000 Equipment Purchases..............................................................................................--..$ 1,700 Computer Charges .................................................................................................$ 1,080,000 Real Estate Rentals......................................................................................................$ 3,000 Telecommunications.................................................................................................$ 279,900 Per Diem, Fees and Contracts.................................................................................$ 3,200 Total Funds Budgeted ..........................................................................................$ 3,052,545 State Funds Budgeted...........................................................................................$ 2,910,540 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services....................................................................................................$ 6,763,600 Regular Operating Expenses...................................................................................$ 836,622 Travel----...................................................................................................................$ 298,000 Motor Vehicle Equipment Purchases....................................................................$ 311,100 Publications and Printing........................................................................................! 105,100 Equipment Purchases.......--.--...............................................................................$ 203,400 Computer Charges .................................................................................................$ 1,275,200 Real Estate Rentals ..................................................................................................$ 127,000 Telecommunications.................................................................................................! 444,400 Per Diem, Fees and Contracts..................................................................................! 33,200 Evidence Purchased..................................................................................................! 178,500 Total Positions Budgeted 393 Passenger Carrying Motor Vehicles 224 Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Investigative Division and Georgia Crime Information Center Activities of this Act, the Office of Planning and Budget is authorized and directed to use the first !500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. Section 24. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission.--...........................................----..........--.............$ 49,900 Georgia Franchise Practices Commission Budget: Personal Services.........................................................................................................! 32,000 Regular Operating Expenses.......................................................................................$ 5,720 MONDAY, MARCH 6, 1978 2485 .............................................................................................................................$ 500 Motor Vehicle Equipment Purchases ...............................................,............................$ -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases......................................................................................................$ 250 Computer Charges................................................,............................................................$ -Q- Real Estate Rentals ......................................................................................................$ 2,730 Telecommunications.....................................................................................................! 1,700 Per Diem, Fees and Contracts ................................................,................................$ 5,000 Total Funds Budgeted ...............................................................................................$ 49,900 State Funds Budgeted................................................................................................! 49,900 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services.........................................................................................................! 32,000 Regular Operating Expenses .......................................................................................$ 5,720 Travel.................................................................................................................................! 500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases......................................................................................................$ 250 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 2,730 Telecommunications .....................................................................................................$ 1,700 Per Diem, Fees and Contracts....................................................................................! 5,000 Total Positions Budgeted 2 Passenger Carrying Motor Vehicles 0 Section 25. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission ..............................................................................$ -0- Departmental Operations Budget: Personal Services..................................................-.........................................-..........! 660,000 Regular Operating Expenses.....................................................................................! 53,300 Travel........................................................................................-...........................-.......! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing....................................................-.....................................! 12,600 Equipment Purchases...............................................................-.......--.........................! 4,000 Computer Charges......................................................................................................! 31,600 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................--...--.....................................! 15,000 Per Diem, Fees and Contracts ............................................................................$ 203,000 Total Funds Budgeted............................................................-.............................-..! 985,500 State Funds Budgeted........................................................--.-...--..---.-.---....! -0- Total Positions Budgeted 33 Budget Unit Object Classes: Personal Services....-...-..-....-........-.-...-..---.-.--------------------$660,000 Regular Operating Expenses.....................................................----.----.----! 53,300 Travel..................................-..-.-.--.-.-.--.-.-.-.----.--------------$6,000 Motor Vehicle Equipment Purchases--.............................----.--.............--........--.......$ -0- Publications and Printing....--..--.--.................--...--.--....--.--.------.----------.$ 12,600 Equipment Purchases............--.--................--........--.--.----.......................--.--$ 4,000 Computer Charges.-........-..-.-.--.----..............-...-.------------------.$ 31,600 Real Estate Rentals.................--...----.--------..............................--..------.$ -0- Telecommunications...--...--..--.------.----------------..--..--------...........--...$ 15,000 Per Diem, Fees and Contracts...----..-..----.....................................----...--.$ 203,000 Total Positions Budgeted 33 Passenger Carrying Motor Vehicles 0 2486 JOURNAL OF THE HOUSE, Provided, that unless there is Congressional authorization for deepening the existing navigational channel in Brunswick Harbor into Brunswick River and the construction of a new navigation channel connecting Brunswick River through the South Brunswick River to Colonel's Island via the South Brunswick River to a minimum depth of 32 feet prior to June 30, 1979, the Georgia State Financing and Investment Commission shall not sell these bonds and all funds appropriated for the Colonel's Island project and any revenues generated therefrom shall be returned to the State Treasury. Section 26. Office of the Governor. A. Budget Unit: Governor's Office ....................................................................$ 3,271,904 1. Governor's Office Budget: Cost of Operations .................................................................................................$ 1,154,904 Mansion Allowance..................................................................................................--$ 40,000 Governor's Emergency Fund................................................................................$ 2,000,000 Intern Stipends and Travel....................................................................................* 77,000 Total Funds Budgeted ..........................................................................................$ 3,271,904 State Funds Budgeted...........................................................................................! 3,271,904 There is hereby appropriated a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor at his discretion in any emergency that he may determine requires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution. Provided, however, that the listed appropriation shall be increased by the amount incur red in ordering the organized militia into active service of the State in case of invasion, disaster, insurrection, riot, breach of the peace, or combination to oppose the enforcement of the law by force or violence, or imminent danger thereof or other grave emergency when available funds are not sufficient for such purposes. Budget Unit Object Classes: Cost of Operations.................................................................................................! 1,154,904 Mansion Allowance.....................................................................................................? 40,000 Governor's Emergency Fund ................................................................................$ 2,000,000 Intern Stipends and Travel.......................................................................................! 77,000 Passenger Carrying Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget................................................................................................* 3,935,148 1. General Administration and Support Budget: Personal Services.......................................................................................................! 282,000 Regular Operating Expenses.....................................................................................! 21,800 Travel............................................................................................................................$ 12,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 23,000 Equipment Purchases...................................................................................................! 4,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 7,000 Per Diem, Fees and Contracts..................................................................................! 40,500 Payments to Regional Commissions...................................................................* 143,583 Total Funds Budgeted .............................................................................................$ 533,883 State Funds Budgeted..............................................................................................! 533,883 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services.........................................................................................................! 89,000 Regular Operating Expenses.....................................................................................! 10,230 MONDAY, MARCH 6, 1978 2487 Travel..............................................................................................................................$ 3,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 3,300 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 13,525 Telecommunications.....................................................................................................! 5,300 Per Diem, Fees and Contracts....................................................................................! 7,000 Art Grants...........................................................................................................$ 1,031,705 Total Funds Budgeted ..........................................................................................$ 1,163,960 State Funds Budgeted..............................................................................................! 710,700 Total Positions Budgeted 5 3. Educational Development Budget: Personal Services.......................................................................................................! 200,278 Regular Operating Expenses .......................................................................................$ 4,897 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 2,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 3,555 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 216,730 State Funds Budgeted..............................................................................................! 201,730 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services.......................................................................................................! 157,300 Regular Operating Expenses .......................................................................................$ 7,220 Travel............................................................................................................................! 14,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,100 Per Diem, Fees and Contracts.....................................................................................$ 800 Total Funds Budgeted .............................................................................................$ 186,920 State Funds Budgeted..............................................................................................! 186,920 Total Positions Budgeted 8 5. Management Review Budget: Personal Services.......................................................................................................! 432,115 Regular Operating Expenses .....................................................................................$ 17,998 Travel..............................................................................................................................! 7,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 2,144 Computer Charges......................................................................................................! 15,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,950 Per Diem, Fees and Contracts .................................................................................$ 1,300 Total Funds Budgeted .............................................................................................$ 482,107 State Funds Budgeted..............................................................................................! 436,828 Total Positions Budgeted 22 6. Human Development Budget: Personal Services.......................................................................................................! 224,000 2488 JOURNAL OF THE HOUSE, Regular Operating Expenses .......................................................................................$ 7,212 Travel..............................................................................................................................$ 6,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases......................................................................................................$ 500 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 3,950 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 241,662 State Funds Budgeted..............................................................................................! 221,662 Total Positions Budgeted 10 7. Office of Consumer Affairs: Personal Services.......................................................................................................$ 731,040 Regular Operating Expenses .....................................................................................$ 52,552 Travel............................................................................................................................$ 14,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 18,000 Equipment Purchases...................................................................................................! 2,325 Computer Charges......................................................................................................! 18,000 Real Estate Rentals....................................................................................................! 50,525 Telecommunications.................................................................................................! 102,533 Per Diem, Fees and Contracts .................................................................................$ 8,000 Total Funds Budgeted .............................................................................................$ 996,975 State Funds Budgeted..............................................................................................! 718,047 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services.......................................................................................................! 198,942 Regular Operating Expenses .....................................................................................$ 13,899 Travel............................................................................................................................! 13,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 11,000 Equipment Purchases......................................................................................................! 700 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 13,000 Per Diem, Fees and Contracts...............................................................................$ 76,600 Total Funds Budgeted .............................................................................................$ 327,741 State Funds Budgeted.............................................................................................-! 183,000 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services.........................................................................................................! 87,000 Regular Operating Expenses .......................................................................................$ 5,760 Travel..............................................................................................................................! 3,150 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 4,500 Equipment Purchases...................................................................................................! 1,280 Computer Charges ........................................................................................................$ 5,000 Real Estate Rentals ......................................................................................................$ 7,000 Telecommunications.....................................................................................................! 2,900 Per Diem, Fees and Contracts...............................................................................$ 11,650 Total Funds Budgeted.............................................................................................! 128,240 MONDAY, MARCH 6, 1978 2489 State Funds Budgeted................................................................................................$ 52,060 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services.........................................................................................................! 68,000 Regular Operating Expenses .......................................................................................$ 2,230 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing.................................................................................................$ -0- Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 2,100 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ...............................................................................................$ 76,330 State Funds Budgeted................................................................................................$ 76,330 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services.......................................................................................................! 541,000 Regular Operating Expenses .....................................................................................$ 14,360 Travel............................................................................................................................$ 39,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 10,000 Equipment Purchases...................................................................................................! 4,000 Computer Charges......................................................................................................! 10,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 14,000 Per Diem, Fees and Contracts...............................................................................$ 69,000 Total Funds Budgeted .............................................................................................$ 701,360 State Funds Budgeted..............................................................................................! 263,360 Total Positions Budgeted 28 12. General Government and Protection of Persons and Property Budget: Personal Services.......................................................................................................! 268,949 Regular Operating Expenses .......................................................................................$ 6,269 Travel..............................................................................................................................! 7,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases......................................................................................................! 900 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 4,750 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted.............................................................................................! 288,168 State Funds Budgeted..............................................................................................! 263,168 Total Positions Budgeted 12 13. Consumer's Utility Counsel Budget: Personal Services.......................................................................................................! 205,260 Regular Operating Expenses .....................................................................................$ 15,100 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing...............................................................................................! 600 Equipment Purchases......................................................................................................! 500 Computer Charges.............................................................................................................! -0Real Estate Rentals ......................................................................................................$ 8,000 2490 JOURNAL OF THE HOUSE, Telecommunications.....................................................................................................? 5,000 Per Diem, Fees and Contracts...............................................................................$ 15,000 Total Funds Budgeted .............................................................................................$ 255,460 State Funds Budgeted................................................................................................? 87,460 Total Positions Budgeted 13 Budget Unit Object Classes: Personal Services....................................................................................................! 3,484,884 Regular Operating Expenses ...................................................................................$ 179,527 Travel.........................................................................................................................-! 136,550 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 72,900 Equipment Purchases.................................................................................................? 18,349 Computer Charges ......................................................................................................$ 48,000 Real Estate Rentals ....................................................................................................$ 79,050 Telecommunications.................................................................................................? 175,138 Per Diem, Fees and Contracts................................................................................? 229,850 Art Grants...............................................................................................................? 1,031,705 Payments to Regional Commissions......................................................................? 143,583 Total Positions Budgeted 191 Passenger Carrying Motor Vehicles 0 Section 27. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities........................................................................................^ 6,800,000 1. Grants to Counties .........................................................................................$ 2,600,000 Total Funds Budgeted ..........................................................................................$ 2,600,000 State Funds Budgeted...........................................................................................? 2,600,000 2. Grants to Municipalities...............................................................................^ 4,200,000 Total Funds Budgeted..........................................................................................? 4,200,000 State Funds Budgeted...........................................................................................? 4,200,000 Budget Unit Object Classes: Grants to Counties.................................................................................................? 2,600,000 Grants to Municipalities.......................................................................................? 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. Section 28. Department of Human Resources. A. Budget Unit: Departmental Operations ............................................................................................$ 128,925,508 1. General Administration and Support Budget: Personal Services....................................................................................................? 5,561,160 Regular Operating Expenses...................................................................................? 623,555 Travel..........................................................................................................................? 142,400 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 46,155 Equipment Purchases...................................................................................................? 4,990 Computer Charges.................................................................................................? 1,200,000 Real Estate Rentals..................................................................................................? 122,915 Telecommunications.................................................................................................? 261,400 Per Diem, Fees and Contracts................................................................................? 311,980 Utilities.........................................................................................................................? 50,500 MONDAY, MARCH 6, 1978 2491 Postage.................................................................................................................... ..$ 428,600 Institutional Repairs and Maintenance............................................................................................... ..$ 500,000 Capital Outlay....................................................................................................... ........$ -0- Total Funds Budgeted ......................................................................................... i 9,253,655 Indirect DOAS Services Funding ....................................................................... i 1,190,000 Agency Funds........................................................................................................ i 3,897,973 State Funds Budgeted.......................................................................................... i 4,165,682 Total Positions Budgeted 367 Passenger Carrying Motor Vehicles 7 General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 500,715 $ 500,715 20 Volunteer Services $ 304,880 $ 304,880 15 District Programs Director's Office $ 312,130 $ 312,130 14 Planning and Evaluation $ 452,563 $ 452,563 24 Child Support Recovery $ 1,141,330 $ 285,333 69 Contract Management $ 102,809 $ 102,809 5 Public Relations and Information $ 259,105 $ 259,105 14 Regional Building Maintenance $ 47,400 $ 47,400 0 Special Administrative Services $ 558,625 $ 558,625 32 Administrative Policy, Coordination and Direction $ 281,679 $ 281,679 10 Personnel $ 1,530,860 $ 1,490,260 83 Administrative Support Services $ 1,662,644 $ 1,447,644 64 Systems Planning, Development and Training $ 239,800 $ 239,800 12 Electronic Data Processing, Planning and Coordination $ 1,250,000 $ 50,000 0 Facilities Management Indirect Cost Undistributed $ 609,115 $ --0-- $ --0-- $ 609,115 5 $ (2,776,376) 0 $ --0-- 0 Total $ 9,253,655 $ 4,165,682 367 2. Financial Management Budget: Personal Services....................................................................................................$ 3,117,600 Regular Operating Expenses .....................................................................................$ 97,920 Travel..........................................................................................................................$ 107,470 2492 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,000 Equipment Purchases.................................................................................................$ 17,055 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 43,740 Telecommunications........................................................................................................! 800 Per Diem, Fees and Contracts................................................................................! 126,000 Utilities...............................................................................................................................! -0- Postage ..............................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 3,514,585 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.........................................................................................................! 1,448,624 State Funds Budgeted...........................................................................................! 2,065,961 Total Positions Budgeted 216 Passenger Carrying Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration ! 468,955 $ 468,955 23 Accounting Services ! 1,727,630 $ 1,727,630 132 Auditing Services $ 1,318,000 ! 1,293,000 61 Indirect Cost ! --0-- $ (1,423,624) 0 Undistributed $ --0-- $ --0-- 0 Total ! 3,514,585 ! 2,065,961 216 3. Special Programs: Personal Services....................................................................................................! 3,565,625 Regular Operating Expenses ...................................................................................$ 103,845 Travel..........................................................................................................................! 194,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 23,480 Equipment Purchases...................................................................................................! 9,350 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................$ 214,185 Telecommunications...................................................................................................! 53,265 Per Diem, Fees and Contracts.............................................................................! 3,349,090 Utilities..............................................................................................................................! 800 Postage............................................................................................................................! 4,400 Grant to Parent-Child Center................................................................................$ 11,000 Total Funds Budgeted ..........................................................................................$ 7,529,240 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds.........................................................................................................! 5,515,828 State Funds Budgeted...........................................................................................! 2,013,412 Total Positions Budgeted 225 Passenger Carrying Motor Vehicles 4 Special Programs Functional Budgets Total Funds State Funds Pos. Office of Regulatory Management ! 2,828,835 ! 1,258,085 155 State Economic Opportunity Office ! 3,287,365 ! 109,513 17 MONDAY, MARCH 6, 1978 Mental Health/Mental Retardation Advisory Council Council on Family Planning Council on Aging Special Projects Developmental Disabilities Council on Maternal and Infant Health Appalachian Health and Child Development State Health Planning and Development Agency Undistributed Total $ 62,950 $ 88,155 $ 57,580 $ 111,000 $ 194,440 $ 103,800 $ 256,730 $ 538,385 $ --0-- $ 7,529,240 2493 $ 62,950 2 $ 8,816 5 $ 57,580 3 $ 111,000 0 $ --0-- 4 $ 103,800 5 $ 64,183 11 $ 237,485 23 $ --0-- 0 $ 2,013,412 225 4. Physical Health - Program Direction and Support Budget: Personal Services....................................................................................................? 1,564,960 Regular Operating Expenses ...................................................................................$ 112,050 Travel............................................................................................................................$ 60,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 46,700 Equipment Purchases...................................................................................................! 2,130 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................? 11,800 Telecommunications.................................................................................................! 175,000 Per Diem, Fees and Contracts..................................................................................? 40,360 Utilities...............................................................................................................................! -0- Postage.........................................................................................................................$ 5,000 Total Funds Budgeted..........................................................................................? 2,018,000 Indirect DOAS Services Funding...........................................................................? 175,000 Agency Funds............................................................................................................? 335,000 State Funds Budgeted...........................................................................................! 1,508,000 Total Positions Budgeted 108 Passenger Carrying Motor Vehicles 1 Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office Employee's Health Office of Professional Services Health Program Management Vital Records ? 408,380 ? 215,810 ? 408,410 ! 155,600 ! 605,980 ? 233,380 7 $ 132,810 10 $ 235,610 20 ? 145,400 10 ! 605,980 48 2494 JOURNAL OF THE HOUSE, Health Services Research Undistributed Total $ 223,820 $ --0-- $ 2,018,000 $ 154,820 13 $ --0-- 0 ? 1,508,000 108 5. Physical Health - Family Health Budget: Personal Services....................................................................................................! 3,291,615 Regular Operating Expenses ................................................................................$ 1,040,850 Travel..........................................................................................................................$ 108,950 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 95,600 Equipment Purchases.................................................................................................? 10,335 Computer Charges ....................................................................................................$ 140,000 Real Estate Rentals ..................................................................................................$ 260,475 Telecommunications...................................................................................................? 49,300 Per Diem, Fees and Contracts.............................................................................? 5,169,700 Utilities...............................................................................................................................? -0- Postage..........................................................................................'................................? 10,390 Regional Grants for Prenatal and Postnatal Care Programs..................................................................................? 2,989,000 Crippled Children Benefits ..................................................................................? 3,951,000 Kidney Disease Benefits..........................................................................................? 450,000 Cancer Control Benefits........................................................................................? 1,600,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program............................................................................................? 100,000 Midwifery Program Benefits...................................................................................? 175,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants............................................................................................................? 25,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................? 40,000 Contract with Emory University for Arthritis Research...........................................................................................? 159,625 Family Planning Benefits........................................................................................? 226,530 Contract with Georgia Tech for Cancer Research.............................................................................................$ 50,000 Total Funds Budgeted........................................................................................? 19,943,370 Indirect DOAS Services Funding...................................................................................? -0- Agency Funds.........................................................................................................? 9,281,887 State Funds Budgeted.........................................................................................? 10,661,483 Total Positions Budgeted 224 Passenger Carrying Motor Vehicles 8 Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 4,952,780 ? 40,000 10 Birth Defects $ 6,223,275 ? 3,511,603 120 Maternal Health ? 360,325 ? 283,380 7 Infant and Child Health $ 3,558,275 $ 3,475,275 17 'Chronic Disease $ 3,479,585 $ 3,088,585 41 Malnutrition ? 308,460 ? --0-- 6 MONDAY, MARCH 6, 1978 2495 Family Planning Dental Health Undistributed Total $ 886,700 $ 173,970 $ --0-- $ 19,943,370 $ 88,670 17 $ 173,970 6 $ --0-- 0 $ 10,661,483 224 6. Physical Health - Community Health Budget: Personal Services....................................................................................................$ 4,414,230 Regular Operating Expenses ................................................................................$ 1,130,495 Travel..........................................................................................................................$ 121,840 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 49,305 Equipment Purchases.................................................................................................! 51,570 Computer Charges ......................................................................................................$ 18,540 Real Estate Rentals ....................................................................................................$ 40,055 Telecommunications...................................................................................................! 20,075 Per Diem, Fees and Contracts................................................................................! 528,070 Utilities...............................................................................................................................! -0- Postage.........................,................................................................................................! 12,800 Facilities Construction Grants.......................................................................................$ -0- Total Funds Budgeted..........................................................................................! 6,386,980 Indirect DOAS Services Funding...................................................................................! -0- Agency Funds............................................................................................................! 965,280 State Funds Budgeted...........................................................................................! 5,421,700 Total Positions Budgeted 294 Passenger Carrying Motor Vehicles 6 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Community Health Management ! 215,195 ! 215,195 10 Environmental Health Director's Office $ 223,650 ! 223,650 9 General Sanitation ! 145,710 ! 145,710 7 Institutional Health ! 119,685 ! 119,685 6 Radiological Health ! 271,890 ! 271,890 13 Occupational Health ! 112,610 ! 112,610 6 Land Use $ 139,420 ! 139,420 7 Epidemiology ! 578,620 $ 578,620 5 Immunization ! 266,080 ! --0-- 20 Venereal Disease ! 162,540 $ 162,540 7 Tuberculosis Control $ 785,780 ! 608,780 28 Laboratory Services $ 2,492,715 $ 2,316,515 148 Emergency Health $ 873,085 $ 527,085 28 Undistributed $ --0-- $ --0-- 0 Total $ 6,386,980 ! 5,421,700 294 2496 JOURNAL OF THE HOUSE, 7. Physical Health - Local Services Budget: Personal Services....................................................................................................$ 8,219,090 Regular Operating Expenses ...................................................................................$ 464,315 Travel..........................................................................................................................$ 442,745 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 4,800 Equipment Purchases.................................................................................................! 23,090 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 75,080 Telecommunications...................................................................................................! 85,290 Per Diem, Fees and Contracts.............................................................................! 3,046,010 Utilities...............................................................................................................................! -0- Postage..........................................................................................................................! 17,280 Family Planning Benefits ..........................................................................................$ 96,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants...............................................................................................! 3,451,480 Grant for DeKalb County Mental Retardation Project ..............................................................................................$ 106,646 Grant for Chatham County Mental Retardation Project.................................................................................! 102,464 Grant-In-Aid to Counties...............................................................................$ 27,167,375 Total Funds Budgeted ........................................................................................$ 43,301,665 Indirect DOAS Services Funding.............................................................................! 60,000 Agency Funds.......................................................................................................! 23,542,345 State Funds Budgeted.........................................................................................! 19,699,320 Total Positions Budgeted 553 Physical Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 5,321,215 ! 5,099,750 245 Grant-In-Aid to Counties 12,064,145 ! 9,039,985 0 Stroke and Heart Attack Prevention $ 713,945 ! 515,445 26 Family Planning $ 4,335,630 ! 386,800 186 Sickle Cell, Vision and Hearing ! 254,965 ! 254,965 16 Sexually Transmitted Diseases ! 376,440 $ 43,340 15 High Risk Pregnant Women and Their Infants $ 3,626,425 ! 3,597,225 19 Newborn Follow-Up Care ! 180,390 ! 180,390 12 District Dental $ 581,420 ! 581,420 18 Comprehensive Maternal and Infant Care Project ! 260,000 $ --0-- 9 Mental Retardation Projects ! 209,110 ! --0-- 0 Malnutrition Undistributed 15,377,980 $ -0- ! --0-- 7 $ -0-- 0 Total : 43,301,665 $ 19,699,320 553 MONDAY, MARCH 6, 1978 2497 8. Mental Health - Program Direction and Support Budget: Personal Services....................................................................................................! 2,211,859 Regular Operating Expenses ...................................................................................$ 101,790 Travel............................................................................................................................$ 90,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 27,600 Equipment Purchases...................................................................................................! 1,700 Computer Charges....................................................................................................! 631,000 Real Estate Rentals ....................................................................................................$ 87,545 Telecommunications...................................................................................................! 95,300 Per Diem, Fees and Contracts................................................................................! 432,000 Utilities...........................................................................................................................! 1,500 Postage.........................................................................................................................$ 2,500 Total Funds Budgeted ..........................................................................................$ 3,683,194 Indirect DOAS Services Funding...........................................................................! 625,000 Agency Funds............................................................................................................! 775,458 State Funds Budgeted...........................................................................................! 2,282,736 Total Positions Budgeted 140 9. Title XX Administration: Personal Services....................................................................................................! 2,065,505 Regular Operating Expenses ...................................................................................$ 110,260 Travel..........................................................................................................................! 130,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 46,000 Equipment Purchases...................................................................................................! 1,200 Computer Charges....................................................................................................! 450,000 Real Estate Rentals..................................................................................................! 151,400 Telecommunications...................................................................................................! 66,400 Per Diem, Fees and Contracts...........................................................................! 22,522,400 Utilities...............................................................................................................................! -0- Postage.........................................................................................................................$ 1,500 Total Funds Budgeted ........................................................................................$ 25,544,665 Agency Funds.......................................................................................................! 22,657,432 Indirect DOAS Services Funding...........................................................................! 112,500 State Funds Budgeted...........................................................................................! 2,774,733 Total Positions Budgeted 131 Title XX Administration Functional Budgets Administration Contract Management Day Care Foster Care for Children Chore/Homemaker Adult Day Care Home Delivered and Congregate Meals Home Management Outreach Total Funds $ 1,465,430 ! 1,715,835 ! 15,002,758 $ 101,937 $ 1,410,868 ! 678,975 $ 1,125,366 $ 1,475,884 $ 418,579 State Funds Pos. $ 147,201 48 ! --0-- 83 $ 1,454,488 0 $ --0-- 0 $ 176,359 0 $ 84,872 0 ! 140,671 0 $ 184,486 0 ! 50,532 0 2498 JOURNAL OF THE HOUSE, Transportation Information and Referral Health Related Social Security and Minimum Wage Undistributed Total 5 1,193,369 $ 324,336 $ 206,328 $ 70,582 $ 40,542 $ --0- $ 425,000 0 $ --0-- 0 $ 2,774,733 131 10. Purchase of Social Services: Personal Services...............................................................................................................! -0- Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts................................................................................! 250,000 Utilities...............................................................................................................................! -0- Postage................................................................................................................................! -0- W.I.N. Benefits..........................................................................................................! 900,000 Grants to Fulton County for 24 hour Emergency Social Services.........................................................................! 130,000 Benefits for Child Care.........................................................................................! 8,914,264 Chatham County Homemaker Project ..................................................................$ 366,330 Fulton County Homemaker Project ...................................................................$ 205,735 Total Funds Budgeted ........................................................................................$ 10,766,329 Agency Funds.........................................................................................................! 6,146,909 State Funds Budgeted...........................................................................................! 4,619,420 Total Positions Budgeted 0 Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Chatham County Homemaker Project $ 366,330 --0-- Fulton County Homemaker Project ! 205,735 ! --0-- Work Incentive Benefits ! 900,000 $ 90,000 Grants to Fulton County for 24-hour Emergency Social Services ! 130,000 $ 130,000 0 Legal Services ! 250,000 ! 62,500 0 AFDC - Family Foster Care $ 3,111,780 i 1,112,957 0 AFDC - Institutional Foster Care $ 946,819 ! 323,623 Specialized Institutional Foster Care ! 445,000 ! 445,000 MONDAY, MARCH 6, 1978 Specialized Foster Care Child Welfare - Family Foster Care Adoption Supplement Non-AFDC Institutional Foster Care Liability Insurance Emergency Shelter Care Day Care Psychiatric, Psychological and Speech Therapy Maternity Care Return of Runaways - County Undistributed Total $ 120,000 $ 3,121,825 $ 80,000 $ 136,800 $ 17,000 $ 120,000 $ 415,640 $ 120,000 $ 275,400 $ 4,000 $ --0-- 10,766,329 2499 $ 97,500 0 1,636,000 0 $ 50,000 0 ! 136,800 0 $ 17,000 0 $ 30,000 0 $ 181,640 0 $ 30,000 0 $ 275,400 0 $ 1,000 0 $ --0-- 0 4,619,420 0 11. Community Youth Services Administration: Personal Services.......................................................................................................$ 414,905 Regular Operating Expenses .....................................................................................$ 13,770 Travel............................................................................................................................$ 13,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 2,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ....................................................................................................$ 24,000 Telecommunications ...................................................................................................$ 15,695 Per Diem, Fees and Contracts....................................................................................$ 2,500 Utilities ...............................................................................................................................$ -0- Postage................................................................................................................................$ -0- Benefits for Child Care...................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 486,370 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds ....................................................................................,...............................$ -0- State Funds Budgeted..............................................................................................! 486,370 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 0 12. Services to the Aged Budget: Personal Services.......................................................................................................! 445,300 Regular Operating Expenses .....................................................................................$ 12,200 Travel............................................................................................................................$ 22,250 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 2,200 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals ....................................................................................................$ 36,400 Telecommunications...................................................................................................! 11,030 2500 JOURNAL OF THE HOUSE, Per Diem, Fees and Contracts ................................................................................$ 948,300 Utilities...............................................................................................................................! -0- Postage................................................................................................................................$ -0- Areawide and Community Grants.......................................................................$ 2,241,600 Nutrition Grants ................................................................................................$ 4,003,200 Total Funds Budgeted ..........................................................................................$ 7,722,480 Indirect DOAS Services Funding ...................................................................................$ -0- Agency Funds .........................................................................................................$ 7,215,660 State Funds Budgeted..............................................................................................! 506,820 Total Positions Budgeted 28 Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 1,477,680 $ 242,820 28 Nutrition Grants $ 4,003,200 $ 264,000 0 Areawide Grants $ 2,241,600 $ --0-- 0 Undistributed $ --0-- $ --0-- 0 Total $ 7,722,480 $ 506,820 28 13. Vocational Rehabilitation Program Direction and Support Budget: Personal Services.......................................................................................................! 693,690 Regular Operating Expenses .....................................................................................$ 69,380 Travel............................................................................................................................! 29,000 Motor Vehicle Equipment Purchases......................................................:.....................! -0- Publications and Printing..........................................................................................! 15,960 Equipment Purchases...................................................................................................! 2,100 Computer Charges....................................................................................................! 275,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 25,000 Per Diem, Fees and Contracts................................................................................! 259,000 Utilities...............................................................................................................................! -0- Postage............................................................................................................................$ 3,000 Case Services.............................................................................................................! 225,000 Grants for Nephrology Centers...........................................................................^ 185,000 Total Funds Budgeted ..........................................................................................$ 1,782,130 Indirect DOAS Services Funding...........................................................................! 100,000 Agency Funds.........................................................................................................! 1,417,099 State Funds Budgeted..............................................................................................! 265,031 Total Positions Budgeted 39 Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,101,670 $ 60,031 37 Grants Management $ 680,460 $ 205,000 2 Undistributed $ --0-- $ --0-- 0 Total $ 1,782,130 $ 265,031 39 MONDAY, MARCH 6, 1978 2501 14. Vocational Rehabilitation Facilities Budget: Personal Services....................................................................................................$ 3,119,580 Regular Operating Expenses ...................................................................................$ 203,090 Travel............................................................................................................................! 51,800 Motor Vehicle Equipment Purchases ......................................................................$ 14,500 Publications and Printing............................................................................................! 3,800 Equipment Purchases.................................................................................................! 25,170 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 90,400 Telecommunications.................................................................................................! 118,250 Per Diem, Fees and Contracts................................................................................! 117,900 Utilities.........................................................................................................................! 47,000 Postage............................................................................................................................! 4,800 Capital Outlay...................................................................................................................! -0- Case Services ....................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 3,796,290 Indirect DOAS Services Funding...........................................................................! 100,000 Agency Funds.........................................................................................................! 2,903,180 State Funds Budgeted..............................................................................................! 793,110 Total Positions Budgeted 220 Passenger Carrying Motor Vehicles 21 Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support ! 379,780 ! 41,830 13 Atlanta Rehabilitation Center > 1,208,560 ! 304,060 64 Alto Rehabilitation Center ! 606,580 ! 165,780 38 Cave Spring Rehabilitation Center $ 241,400 ! 69,150 16 Yarbrough Rehabilitation Center 5 1,056,790 ! 212,290 65 Georgia Vocational Adjustment Center - Gracewood Undistributed ! 303,180 $ -0- $ --0-- 24 $ _0-- 0 Total > 3,796,290 5 793,110 220 15. Roosevelt Warm Springs Rehabilitation Services Hospital Services: Personal Services....................................................................................................! 3,556,500 Regular Operating Expenses ................................................................................$ 1,016,910 Travel............................................................................................................................! 28,200 Motor Vehicle Equipment Purchases........................................................................! 7,000 Publications and Printing............................................................................................! 3,500 Equipment Purchases.................................................................................................! 17,250 Computer Charges.............................................................................................................! -0Real Estate Rentals ..........................................................................................................$ -0Telecommunications...................................................................................................! 70,000 Per Diem, Fees and Contracts................................................................................! 404,815 Utilities.......................................................................................................................! 112,700 Postage............................................................................................................................! 6,000 2502 JOURNAL OF THE HOUSE, Case Services......................................................................................................................! -0- Capital Outlay ..................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 5,222,875 Agency Funds .........................................................................................................$ 5,222,875 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 354 Passenger Carrying Motor Vehicles 13 16. Georgia Factory for the Blind Budget: Personal Services....................................................................................................! 1,255,160 Regular Operating Expenses ................................................................................$ 2,851,820 Travel............................................................................................................................! 12,300 Motor Vehicle Equipment Purchases......................................................................! 28,000 Publications and Printing............................................................................................! 2,600 Equipment Purchases.................................................................................................! 73,900 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 12,395 Per Diem, Fees and Contracts..................................................................................! 49,750 Utilities.........................................................................................................................! 44,350 Postage ............................................................................................................................$ 500 Total Funds Budgeted ..........................................................................................$ 4,330,775 Agency Funds.........................................................................................................! 4,063,394 State Funds Budgeted..............................................................................................! 267,381 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 12 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 3,992,190 ! --0-- 0 Supervision ! 249,580 $ 249,580 19 Vocational Rehabilitation Unit ! 89,005 $ 17,801 5 Undistributed $ --0-- $ --0-- 0 Total ! 4,330,775 ! 267,381 24 17. Vocational Rehabilitation Services Budget: Personal Services....................................................................................................! 9,926,565 Regular Operating Expenses ...................................................................................$ 433,850 Travel..........................................................................................................................! 385,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 3,000 Equipment Purchases.................................................................................................! 13,940 Computer Charges.............................................................................................................! -0Real Estate Rentals ..................................................................................................$ 523,120 Telecommunications.................................................................................................! 255,000 Per Diem, Fees and Contracts................................................................................! 196,500 Utilities .........................................................................................................................$ 57,770 Postage..........................................................................................................................! 65,280 Case Services....................................................................................................$ 15,070,000 Total Funds Budgeted ........................................................................................$ 26,930,025 Indirect DOAS Services Funding...........................................................................! 200,000 MONDAY, MARCH 6, 1978 2503 Agency Funds.......................................................................................................$ 20,696,300 State Funds Budgeted.................................................................................,.........$ 6,033,725 Total Positions Budgeted 722 Passenger Carrying Motor Vehicles 4 18. Roosevelt Warm Springs Rehabilitation Services Rehabilitative Services Budget: Personal Services....................................................................................................$ 1,349,855 Regular Operating Expenses ...................................................................................$ 214,500 Travel........................,...................................................................................................$ 10,000 Motor Vehicle Equipment Purchases ........................................................................$ 7,000 Publications and Printing...............................................................................................! 700 Equipment Purchases.................................................................................................! 10,665 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ..........................................................................................,,.......$ 42,000 Per Diem, Fees and Contracts................................................................................! 418,300 Utilities.......................................................................................................................! 133,000 Postage................................................................................................................................! -0- Case Services ............................................................................................................$ 85,000 Total Funds Budgeted..........................................................................................! 2,271,020 Agency Funds.........................................................................................................! 1,885,855 State Funds Budgeted..............................................................................................! 385,165 Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 1 19. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services.............................................-............-......-........--------$ 4,299,900 Regular Operating Expenses ...................................................................................$ 426,000 Travel............................................................................................................................$ 28,600 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................? -0- Equipment Purchases...........................................................--....-..--....-..--...............$ 4,100 Computer Charges.................................--....--.............................--.--.....--......--.--.........$ -0- Real Estate Rentals ................................................--..-...-...........-...................$ 325,500 Telecommunications........................................................------.................... .......$ 12,000 Per Diem, Fees and Contracts-.........-.....-.----.-.-....-......---------$ 116,100 Utilities ...........................................................................................-.....-.......-...............$ -0- Postage......................................................................................................--......-...........$ -0- Case Services .............................................................-...-.------------.$ 4,504,200 Total Funds Budgeted........................................----............-........-..----......$ 9,716,400 Agency Funds.........................................................................................................$ 9,716,400 State Funds Budgeted.........................................................................-...----............-.$ -0- Total Positions Budgeted 312 20. Public Assistance Budget: Personal Services.............................................--............................................................... $ -0- Regular Operating Expenses........................................--...--..--.--.----------.--------.$ -0- Travel......................................................................................--....--------.--.---* -0- Motor Vehicle Equipment Purchases......................................----------------------------------------$ -0- Publications and Printing..............----.---------....................................------$ -0- Equipment Purchases..........------------------------------------------------$ -0Computer Charges.........--------------------..........................................------$ -0- Real Estate Rentals...............-.-.......................---------------------------$ -0Per Diem, Fees and Contracts........--.----------..............................................------$ -0- 2504 JOURNAL OF THE HOUSE, SSI-Supplement Benefits.........................................................................................! 366,174 AFDCBenefits..............................................................................................$ 106,980,104 Total Funds Budgeted ......................................................................................$ 107,346,278 Agency Funds .......................................................................................................$ 70,414,304 State Funds Budgeted.........................................................................................! 36,931,974 Total Positions Budgeted 0 Public Assistance Functional Budgets Total Funds State Funds Pos. AFDC Payments $ 106,980,104 $ 36,565,800 0 SSI - Supplement Benefits $ 366,174 $ 366,174 0 Undistributed $ --0-- $ --0-- 0 Total $ 107,346,278 $ 36,931,974 0 21. Local Services - Community Services and Benefits Payments Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses...........................................................................................! -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.........................................................................................................,...! -0- Real Estate Rentals..........................................................................................................! -0- Per Diem, Fees and Contracts........................................................................................! -0- Local Services Benefits Payments Grants..............................................................................................! 32,624,344 Grants to Counties for Social Services..............................................................................................$ 26,034,184 Total Funds Budgeted ........................................................................................$ 58,658,528 Agency Funds.......................................................................................................! 34,589,172 State Funds Budgeted.........................................................................................! 24,069,356 Total Positions Budgeted 0 Local Services - Community Services and Benefits Payments Functional Budgets Local Services Benefits Payments Grants Grants to Counties for Social Services Total Funds $ 32,624,344 ! 26,034,184 State Funds Pos. ! 16,312,172 0 ! 7,757,184 0 Undistributed $ --0-- $ --0-- 0 Total ! 58,658,528 ! 24,069,356 0 22. Family and Children Services Program Direction and Support Budget: Personal Services....................................................................................................! 5,835,960 Regular Operating Expenses...................................................................................! 211,995 Travel..........................................................................................................................! 320,974 Motor Vehicle Equipment Purchases............................................................................! -0- MONDAY, MARCH 6, 1978 2505 Publications and Printing........................................................................................$ 177,000 Equipment Purchases.................................................................................................! 25300 Computer Charges....................................................................................................! SOO^OOO Real Estate Rentals ....................................................................,.............................$ 192,300 Telecommunications.................................................................................................! 177495 Per Diem, Fees and Contracts................................................................................! 976^570 Utilities .........................................................................................,.................................$ 4,900 Postage....................................................................................................................$ 476,720 Total Funds Budgeted ..........................................................................................$ 9,199,414 Agency Funds.........................................................................................................! 5,001,425 Indirect DOAS Services Funding...........................................................................! 444,500 State Funds Budgeted...........................................................................................! 3,753,489 Total Positions Budgeted 373 Family and Children Services - Program Direction and Support Functional Budgets Director's Office Total Funds $ 350,805 State Funds Pos. $ 60,115 12 Standards and Procedures ! 349,170 ! 113,610 10 Training Management Development Administrative Support $ 413,540 $ 1,695,180 $ 2,239,250 $ 103,385 14 ! 838,110 91 $ 829,650 19 Food Stamp District Program Operations $ 450,620 $ 1,919,125 ! 208,670 24 $ 818,825 109 Special Services Eligibility Determination Undistributed $ 1,294,664 $ 487,060 $ --0-- $ 569,064 63 ! 212,060 31 $ --0-- 0 Total ! 9,199,414 $ 3,753,489 373 23. Family and Children Services District Administration Budget: Personal Services................................................................................-......................$ 385,200 Regular Operating Expenses .....................................................................................$ 44,300 Travel............................................................................................................................$ 33,400 Motor Vehicle Equipment Purchases.....................................................--...........--......$ -0- Publications and Printing...............--..............--..--................--...----.........--..--.----.--$ -0- Equipment Purchases.....................................--......--.................................. ....................$ -0- Computer Charges............................................----.----.------------------------! -0- Real Estate Rentals ............................................................................-----------$ 21,500 Telecommunications...................................................--------------............................$ -0- Per Diem, Fees and Contracts.............--.........................------.------------------$ -0- Total Funds Budgeted ...................................................................--.---------I 484,400 Agency Funds....................................................----------------.---------$ 263,760 State Funds Budgeted....................................................-.-.....---------------.$220,640 Total Positions Budgeted 20 Budget Unit Object Classes: Personal Services.............................................................-....------------------$65,294,259 Regular Operating Expenses...............................................--------------.--$ 9,282,895 Travel.......................................................................---------------...------.--$ 2,333,029 2506 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases................................................................................-......-..............----! 56,500 Publications and Printing..............................................................--.............--.......$ 554,400 Equipment Purchases..............................................-....--......------..----.----------$ 294,345 Computer Charges..........................................................................-.............----$ 3,514,540 Real Estate Rentals.........................................................................................-...$ 2,220,415 Telecommunications..............................................................................--........---$ 1,545,395 Per Diem, Fees and Contracts.................................................-..----....--.--I 39,265,345 Utilities.......-...................................-........................-....--------..........................$ 452,520 Postage........................................................................................---...-......-----$1,038,770 Capital Outlay..............................................................................................----..............! -0- Grants for Regional Prenatal and Postnatal Care Programs ..........................................................................$ 2,989,000 Crippled Children Benefits ..........................................................................--..$ 3,951,000 Kidney Disease Benefits ...................................................................................-....$ 450,000 Cancer Control Benefits.................................................................................----$ 1,600,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants.......................................................................................................$ 3,476,480 Family Planning Benefits ........................................................................................$ 322,530 Benefits for Midwifery Program.............................................................................! 175,000 Facilities Construction Grants ........................................................................................$ -0- Grants for DeKalb County Mental Retardation Project.................................................................................! 106,646 Grants for Chatham County Mental Retardation Project.................................................................................! 102,464 Grant-In-Aid to Counties ...................................................................................$ 27,167,375 Work Incentive Benefits ..........................................................................................$ 900,000 Grants to Fulton County for 24 hour Emergency Social Services.........................................................................! 130,000 Benefits for Child Care.........................................................................................! 8,914,264 Chatham County Homemaker Project..................................................................! 366,330 Fulton County Homemaker Project.......................................................................! 205,735 Areawide and Community Grants.......................................................................! 2,241,600 Nutrition Grants....................................................................................................! 4,003,200 Grants for Nephrology Centers...............................................................................! 185,000 Case Services........................................................................................................! 19,884,200 SSI-Supplement Benefits.........................................................................................! 366,174 AFDC Benefits...................................................................................................! 106,980,104 Local Services Benefits Payments Grants..............................................................................................! 32,624,344 Grants to Counties for Social Services..............................................................................................................! 26,034,184 Contract for the Purchase of Clotting Factor for the Hemophilia Program ............................................................................................! 100,000 Institutional Repairs and Maintenance...................................................................................................! 500,000 Contract with Emory University for Arthritis Research...........................................................................................! 159,625 Grant to Parent-Child Center...................................................................................! 11,000 Grant to Grady Hospital for Cystic Fibrosis Program.........................................................................................! 40,000 Grant to Georgia Tech for Cancer Research................................................................................................! 50,000 Total Positions Budgeted 4,489 MONDAY, MARCH 6, 1978 2507 Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta. Provided, that of the above appropriation, $437,000 is designated and committed for 12-V4 % matching for Day Care Centers in the Appalachian Region. Provided, that of the funds available in the Physical Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided, that of the above appropriation, $20,000 is designated and committed for toxoplasmosis screening. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Fed eral funds for programs other than advertising. There is hereby appropriated $36,565,800 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1979, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 106 $ 69 2 161 105 3 193 125 4 227 148 5 260 169 6 282 183 7 305 198 8 324 211 9 341 222 10 365 237 11 390 254 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 65% of the above standard of needs. Provided, that of the above appropriation, $88,000 is designated and committed to oper ate the Rome Cerebral Palsey Center. Provided, however, it is the intent of this General Assembly that no additional group homes or community treatment centers be started with Federal funds without prior approval by the General Assembly of Georgia. Provided, that of the above appropriation relating to Institutional Repairs and Mainte nance Projects, $52,030 is designated and committed for making necessary structural renovations to DHR facilities to insure compliance with Section 504 of the Rehabilitation Act of 1973. Provided, however, it is the intent of this General Assembly that the rate paid to Den tist for services rendered in the District Dental Clinics shall not exceed twenty-five dollars ($25.00) per hour. Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $2,989,000 is designated and committed for a Statewide pro gram of pre-natal and post-natal care, including all hospitals where such program or pro grams are providing or shall provide such care. Provided, that of the above appropriation relating to the Physical Health - Family Health Activity, $40,000 is designated and committed for a grant to Grady Memorial Hospital in Atlanta for the purpose of operating a cystic fibrosis program. Provided however, that to the extent that Title XX funds become available in excess of the amount contemplated in this Appropriations Act, it is the intent of this General 2508 JOURNAL OF THE HOUSE, Assembly that the first $2.9 million of such excess not be subject to the provisions of Section 53 of this Act. Provided that grants of Federal Title V (Maternal and Child Health - A and B) funds above the amounts anticipated in this appropriation shall be used to improve and expand Physical Health programs and not to supplant State funds in this appropriation. Provided, that of the above appropriation, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for the disabil ity cannot be obtained from other sources. B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...........................................................................................$ 168,711,966 1. Georgia Regional Hospital at Augusta Budget: Personal Services....................................................................................................! 5,124,919 Regular Operating Expenses ...................................................................................$ 657,300 Travel..............................................................................................................................$ 6,250 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 2,100 Equipment Purchases..............................................................................................-....! 7,000 Computer Charges......................................................................................................! 60,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 64,000 Per Diem, Fees and Contracts................................................................................! 177,700 Utilities.......................................................................................................................! 188,475 Postage............................................................................................................................! 5,600 Authority Lease Rentals ......................................................................................$ 387,000 Total Funds Budgeted..........................................................................................! 6,680,344 Indirect DOAS Services Funding .............................................................................$ 60,000 State Funds Budgeted...........................................................................................! 5,955,344 Total Positions Budgeted July 1, 1978 480 Total Positions Budgeted June 30, 1979 468 Passenger Carrying Motor Vehicles 14 2. Georgia Regional Hospital at Atlanta Budget: Personal Services....................................................................................................! 6,529,000 Regular Operating Expenses ...................................................................................$ 867,300 Travel............................................................................................................................! 10,000 Motor Vehicle Equipment Purchases......................................................................! 36,500 Publications and Printing............................................................................................! 4,400 Equipment Purchases.................................................................................................! 30,000 Computer Charges......................................................................................................! 93,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 86,000 Per Diem, Fees and Contracts..................................................................................! 96,000 Utilities.......................................................................................................................$ 275,000 Postage..........................................................................................................................$ 10,000 Capital Outlay...........................................................................................................$ 275,000 Authority Lease Rentals ......................................................................................$ 513,000 Total Funds Budgeted ..........................................................................................$ 8,825,200 Indirect DOAS Services Funding.............................................................................! 93,000 State Funds Budgeted...........................................................................................! 7,698,400 Total Positions Budgeted July 1, 1978 600 MONDAY, MARCH 6, 1978 2509 Total Positions Budgeted June 30, 1979 588 Passenger Carrying Motor Vehicles 19 3. Georgia Regional Hospital at Savannah Budget: Personal Services....................................................................................................! 5,570,000 Regular Operating Expenses ...................................................................................$ 538,100 Travel..............................................................................................................................$ 8,000 Motor Vehicle Equipment Purchases ......................................................................$ 11,000 Publications and Printing............................................................................................$ 3,000 Equipment Purchases...................................................................................................! 6,000 Computer Charges ..........................................................................................,...........$ 85,000 Real Estate Rentals ......................................................................................................$ 4,200 Telecommunications...................................................................................................! 58,000 Per Diem, Fees and Contracts..................................................................................! 67,500 Utilities.......................................................................................................................! 250,000 Postage............................................................................................................................! 5,000 Authority Lease Rentals ..........................................................................................$ 500,000 Capital Outlay ..................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 7,105,800 Indirect DOAS Services Funding.............................................................................! 85,000 State Funds Budgeted...........................................................................................! 6,295,880 Total Positions Budgeted July 1, 1978 519 Total Positions Budgeted June 30, 1979 510 Passenger Carrying Motor Vehicles 18 4. West Central Georgia Regional Hospital Budget: Personal Services....................................................................................................! 4,974,000 Regular Operating Expenses ...................................................................................$ 589,900 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases..........................................................,.............! 6,500 Publications and Printing............................................................................................! 4,650 Equipment Purchases...................................................................................................! 3,000 Computer Charges ......................................................................................................$ 75,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 60,000 Per Diem, Fees and Contracts..................................................................................! 24,000 Utilities......................................................................................................................-! 197,000 Postage..........................................................................................................-.............-.! 10,000 Authority Lease Rentals ......................................................................................$ 646,500 Total Funds Budgeted ............................................................--.------.--.! 6,599,550 Indirect DOAS Services Funding...................................................-.......-................! 75,000 State Funds Budgeted......................................................................-.........-........! 6,224,950 Total Positions Budgeted July 1, 1978 493 Total Positions Budgeted June 30, 1979 436 Passenger Carrying Motor Vehicles 23 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services.................................................................-...-.....--.--....--.! 6,616,000 Regular Operating Expenses.............................................................................----! 585,500 Travel..............................................--.-....--.--...--.-.------..--........-----.--..! 8,000 2510 JOURNAL OF THE HOUSE, Motor Vehicle Equipment Purchases.......................................................--..............$ 6,500 Publications and Printing...................................................------.------.------------$ 1,500 Equipment Purchases--........----......................................--..........----------------$ 10,400 Computer Charges.-...-.......-.........-----.--...........................................................$ 85,000 Real Estate Rentals ...............................................................--..-----.----------.--$ -0- Telecommunications..--....----......--.--.--.----..----.------..................................--.$ 75,000 Per Diem, Fees and Contracts................................................... ..----..----------$ 23,850 Utilities...............................................-......................-.----.--------.--.--.--$550,000 Postage...............................................--.-.-----..--..-----------.----.--.$5,200 Capital Outlay.................................................................................................. -$ -- Authority Lease Rentals......................................................................--.....----..$ 853,500 Total Funds Budgeted.............................................................................--.......$ 8,820,450 Indirect DOAS Services Funding.....-.......-.-...............----............--------$ 85,000 State Funds Budgeted....-.........................--...................................... .....----.$ 7,479,850 Total Positions Budgeted July 1, 1978 648 Total Positions Budgeted June 30, 1979 596 Passenger Carrying Motor Vehicles 29 6. Gracewood State School and Hospital Budget: Personal Services...............................................................----.......----....-..-..$ 17,697,000 Regular Operating Expenses................................................................ ......----...$ 1,884,100 Travel....................................................................................................................------$9,800 Motor Vehicle Equipment Purchases..............................................................----..$ 17,300 Publications and Printing...........................................................................--.......--..$ 14,600 Equipment Purchases...............................................--.......----...............--------$ 40,000 Computer Charges..................................................-.......................................--.-$ 55,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.......-.........-...-..................----............................................$ 170,000 Per Diem, Fees and Contracts....................................................................----.....$ 153,800 Utilities.......................................................................................................................$ 790,000 Postage.............. ............................................................................................................$ 12,500 Capital Outlay...................................................................................................................a -0- Authority Lease Rentals ......................................................................................$ 117,000 Total Funds Budgeted........................................................................................$ 20,961,100 Indirect DOAS Services Funding ...........................................................................$ 155,000 State Funds Budgeted------..........................................................................$ 11,737,100 Total Positions Budgeted July 1, 1978 1,755 Total Positions Budgeted June 30, 1979 1,755 Passenger Carrying Motor Vehicles 89 7. Southwestern State Hospital Budget: Personal Services....................................................................................................$ 9,476,000 Regular Operating Expenses................................................................................$ 1,017,100 Travel--......................................................................................................................$ 12,000 Motor Vehicle Equipment Purchases......................................................................$ 38,000 Publications and Printing............................................................................................! 2,700 Equipment Purchases.................................................................................................$ 35,500 Computer Charges......................................................................................................! 90,000 Real Estate Rentals ------...............................................................................................$ -0Telecommunications --.............................................................................................$ 72,000 Per Diem, Fees and Contracts..................................................................................! 46,200 Utilities.......................................................................................................................! 375,000 Postage ..........----------.....----.................................................................................$ 9,000 MONDAY, MARCH 6, 1978 2511 Total Funds Budgeted ........................................................................................$ 11,173,500 Indirect DOAS Services Funding ..--..............--..........--..........................................$ 90,000 State Funds Budgeted...........................................................................................$ 9,758,500 Total Positions Budgeted July 1, 1978 920 Total Positions Budgeted June 30, 1979 920 Passenger Carrying Motor Vehicles 45 8. Georgia Retardation Center Budget: Personal Services..................................................................................................! 10,098,000 Regular Operating Expenses ................................................................................$ 2,012,000 Travel..............................................................................................................................$ 9,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................? 5,800 Equipment Purchases................,..................................................................................! 5,200 Computer Charges....................................................................................................! 100,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 132,000 Per Diem, Fees and Contracts..................................................................................! 60,700 Utilities.......................................................................................................................! 604,100 Postage............................................................................................................................! 7,000 Authority Lease Rentals ......................................................................................$ 794,000 Total Funds Budgeted ........................................................................................$ 13,828,000 Indirect DOAS Services Funding...........................................................................! 100,000 State Funds Budgeted...........................................................................................! 9,068,000 Total Positions Budgeted July 1, 1978 990 Total Positions Budgeted June 30, 1979 919 Passenger Carrying Motor Vehicles 34 9. Georgia Mental Health Institute Budget: Personal Services....................................................................................................! 6,243,633 Regular Operating Expenses...................................................................................! 757,750 Travel...........................................................................................................-......-.........! 10,000 Motor Vehicle Equipment Purchases..................................--....----.------.----$ -0- Publications and Printing...........................................................--..--.................--.....! 8,800 Equipment Purchases................................--..--.----------------------------$ 46,500 Computer Charges.............................................................----....-......---.............$ 93,000 Real Estate Rentals.................................................................-.-......-..--..-----..----! -0- Telecommunications......................................----.------------------------$ 150,000 Per Diem, Fees and Contracts......................................................----.----------! 475,800 Utilities................................................................................-............-....--.------$648,367 Postage............................................................................-..........................----------! 9,500 Authority Lease Rentals..............................,......-.............-.-....--.----------! 450,000 CapitalOutlay............................--.............-----.--.--.-------------$31,500 Total Funds Budgeted..................................----....-...-----.-..-..------$ 8,924,850 Indirect DOAS Services Funding........................------------------..------.$ 193,000 State Funds Budgeted................................................-.....--.---.-----------! 8,221,850 Total Positions Budgeted July 1, 1978 513 Total Positions Budgeted June 30, 1979 505 Passenger Carrying Motor Vehicles 20 2512 JOURNAL OF THE HOUSE, 10. Central State Hospital Budget: Personal Services........................................................................................--....^ 48,250,000 Regular Operating Expenses ....................................................................-- .--$ 6,573,230 ........ Motor Vehicle Equipment Purchases.-- .......... ....... ----....--..----------------$ 56,700 Publications and Printing...........---.............--.....--.--.----.--........----------$ 18,070 Equipment Purchases................ ........... ............... ........ .................. ...--------------$ 101,000 Computer Charges............................. ........... ............ ......---- ........ --..........--------$ 345,000 Real Estate Rentals..........................................................--.---- ............ ........... .....--.$ -0Telecommunications...............................--....----........--.--..------ .............. ...........$ 420,000 Per Diem, Fees and Contracts.................................. ................ .................. ....----$ 121,000 Utilities...........................................................................-.........---- .....----.---- $2,100,000 Postage.............................................-....---- ...... .........---- ............. ......... ..------$ 40,000 Authority Lease Rentals .................................................----.......-..........----..$ 669,000 Total Funds Budgeted ......................................................................... ----.......$ 58,711,000 Indirect DOAS Services Funding............................................ ........ --.........------$ 589,000 State Funds Budgeted...........................................................-------- .......... .....$ 46,599,835 Total Positions Budgeted July 1, 1978 4,594 Total Positions Budgeted June 30, 1979 4,562 Passenger Carrying Motor Vehicles 153 11. State Youth Development Centers Budget: Personal Services........................................................................................---- .....$ 6,875,100 Regular Operating Expenses ................................................................................$ 1,051,600 Travel........................................................................................................................... ...$7,000 Motor Vehicle Equipment Purchases.--..............--..........................--....--.--------$ 10,500 Publications and Printing.............................................................................................. .$ 200 Equipment Purchases.......---- ----....,,...................................................................$ 19,000 Computer Charges ........................................................................................................$ 8,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ........ ...........................................................................................$ 78,700 Per Diem, Fees and Contracts................ ..................................................................$ 74,900 Utilities............ ...........................................................................................................$ 450,000 Postage .................... ..................................................................................................$ 16,600 Total Funds Budgeted ..........................................................................................$ 8,591,600 State Funds Budgeted.............. .............................................................................$ 8,294,600 Total Positions Budgeted July 1, 1978 641 Total Positions Budgeted June 30, 1979 641 Passenger Carrying Motor Vehicles 93 12. Regional Youth Development Centers Budget: Personal Services....................................................................................................} 3,199,000 Regular Operating Expenses ...................................................................................$ 538,920 Travel..............................................................................................................................$ 7,500 Motor Vehicle Equipment Purchases ......... ...............................................................$ 6,800 Publications and Printing...............................................................................................} 350 Equipment Purchases.................................................................................................} 15,600 Computer Charges.......................................................................... .......................$ -0- Real Estate Rentals......................................................................... .........'.......................$ -0- Telecommunications...................................................................................................} 37,800 Per Diem, Fees and Contracts........................................................,.........................} 48^000 Utilities........................................................................ $ 230^000 Postage................................................................... ... ...................................................$ 6,000 MONDAY, MARCH 6, 1978 2513 Capital Outlay ...........................................................................................................$ 810,000 Grants to County-Owned Detention Centers....................................................................................................................$ 250,000 Reserve for Eastman RYDC................................................................................$ 180,000 Total Funds Budgeted ..........................................................................................$ 5,329,970 State Funds Budgeted...........................................................................................! 5,194,970 Total Positions Budgeted July 1, 1978 329 Total Positions Budgeted June 30, 1979 329 Passenger Carrying Motor Vehicles 28 13. Community Mental Health/ Mental Retardation Services Budget: Personal Services....................................................................................................! 5,407,000 Regular Operating Expenses ...................................................................................$ 136,950 Travel............................................................................................................................$ 27,300 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 68,600 Telecommunications .....................................................................................................$ 4,200 Per Diem, Fees and Contracts................................................................................! 190,600 Utilities...........................................................................................................................! 5,800 Outpatient Pharmaceuticals....................................................................................$ 770,000 Drug Abuse Contracts...........................................................................................$ 1,295,200 Developmental Disability Service Chiefs.........................................................................-.............................! 400,000 Day Care Centers for the Mentally Retarded..............................................................................-.-.........-! 28,341,633 Purchase of Mini-buses for MR Day Care Centers...........................................................-..................-........-.! 350,000 Group Homes for the Mentally Retarded.--...,,........--..............................................................--.! 1,876,000 Supportive Living Benefits............................................................................--.! 1,454,000 Supportive Living Staff......................................................--...............................! 249,000 Foster Grandparents......--...........--........................................................................! 337,000 Community Residential Services............................................................ .............$ 1,101,000 Community Residential ServicesStaff..........................................--........------..----...--.....--.! 525,000 Community Mental Health Center Services.....................................--..............----------...--.--$ 31,817,097 Project Rescue...........--....--...--..................------.----.--..--....--$ 182,500 Total Funds Budgeted.......................................----.........--..--...--.--...! 74,538,880 Agency Funds............................................................--...........--..--..--.--...-! 41,789,878 State Funds Budgeted--.....--.----..--.--....................--.--..--..--.----! 32,749,002 Total Positions Budgeted July 1, 1978 382 Total Positions Budgeted June 30, 1979 382 Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 3,684,000 ! 3,613,374 248 2514 JOURNAL OF THE HOUSE, Mental Retardation Community Assistance Central Pharmacy Odyssey Synthesis Treatment Center Tenth Street Treatment Center Little Five Points Treatment Center Central Intake Outpatient Pharmaceuticals Developmental Disability Service Chiefs Group Homes for the Mentally Retarded Day Care Centers for the Mentally Retarded Purchase of Mini-buses for MR Day Care Centers Supportive Living Foster Grandparents Community Residential Services Project Rescue Drug Abuse Contracts Community Mental Health Center Services Undistributed Total $ 1,152,800 $ 99,800 $ 65,400 $ 226,250 $ 216,800 $ 218,700 $ 176,700 $ 770,000 $ 400,000 $ 1,876,000 $ 28,341,633 $ 350,000 $ 1,703,000 $ 337,000 $ 1,626,000 $ 182,500 $ 1,295,200 $ 31,817,097 $ --0-- $ 74,538,880 1,152,800 73 $ 99,800 5 $ 26,160 4 $ 84,500 14 $ 80,720 13 $ 81,480 15 $ 64,680 10 $ 770,000 0 $ 400,000 0 i 1,876,000 0 12,841,633 0 $ 350,000 0 i 1,516,250 0 $ 337,000 0 ! 1,626,000 6 $ 45,625 0 $ 170,883 0 ! 7,612,097 0 $ -0- 0 32,749,002 382 14. Community Youth Services Budget: Personal Services.................................................................... ................................$ 4,655,645 Regular Operating Expenses -................................................................................$ 305,425 Travel................................................... ........................................... $ 245*600 MPuobtloicraVtieohniscleanEdqPuriipnmtinegn.t...P..u..r.c..h..a..s..e..s........................................................................'.^..".."..'."...'.".."..".........$ 1^1'^^0Q0Q0 ECqoumippumteerntCPhuarrcgheas.s.e..s..................................................................................... ........................................................ ^,^^^ Real Estate Rentals.............. .................................... rr, . .. ""."...............................................ip ZUO,41U PleelrecDoimemm,uFmeecsataionndsC...o..n..t.r..a..c..t.s.................................... ----....................................$ 131 75^0 .................................._ Postage............................................................. .............................................$8,890 MONDAY, MARCH 6, 1978 2515 Child Care Benefits .................................................................................................$ 10,000 Total Funds Budgeted ..........................................................................................$ 5,606,335 State Funds Budgeted...........................................................................................! 3,433,765 Total Positions Budgeted July 1, 1978 395 Total Positions Budgeted June 30, 1979 395 Passenger Carrying Motor Vehicles 21 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 571,160 $ 571,160 45 Attention Homes $ 156,910 $ 156,910 2 Day Centers $ 532,880 $ 532,880 35 Community Treatment Centers $ 1,103,820 $ 602,400 80 Court Services $ 3,021,150 $ 1,443,370 218 Runaway Apprehension $ 173,645 $ 80,275 12 Interstate Compact $ 46,770 $ 46,770 3 Undistributed $ --0-- $ --0-- 0 Total $ 5,606,335 $ 3,433,765 395 Budget Unit Object Classes: Personal Services................................................................................................$ 140,715,297 Regular Operating Expenses ..............................................................................$ 17,515,175 Travel..........................................................................................................................! 386,650 Motor Vehicle Equipment Purchases................................................................................................................! 200,800 Publications and Printing..........................................................................................! 66,470 Equipment Purchases.......................................,.......................................................$ 323,475 Computer Charges.................................................................................................! 1,089,000 Real Estate Rentals ..................................................................................................$ 278,210 Telecommunications..............................................................................................! 1,539,450 Per Diem, Fees and Contracts .............................................................................$ 1,560,050 Utilities....................................................................................................................! 6,691,782 Postage........................................................................................................................! 145,290 Capital Outlay........................................................................................................? 1,116,500 Authority Lease Rentals .......................................................................................$ 4,930,000 Grants to County-Owned Detention Centers .................................................................................................$ 250,000 Reserve for Eastman RYDC..................................................................................$ 180,000 Outpatient Pharmaceuticals......................................................................-.............$ 770,000 Drug Abuse Contracts ...........................................................................................$ 1,295,200 Developmental Disability Services Chiefs......................................................................................-............-...! 400,000 Day Care Centers for the Mentally Retarded ...........................................................................................$ 28,341,633 Purchase of Mini-buses for MR Day Care Centers ......................................................-..............................-....$ 350,000 Group Homes for the Mentally Retarded ................................................-............................................$ 1,876,000 Supportive Living Benefits.................................................--......--......................$ 1,454,000 2516 JOURNAL OF THE HOUSE, Supportive Living Staff ...........................................................................................$ 249,000 Foster Grandparents--................----..--.----..--------------$ 337,000 Community Residential Services...................................................--...................$ 1,101,000 Community Residential Services Staff .....................................................................................................-.$ 525,000 Community Mental Health Center Service8.............................................................................................-.$ 31,817,097 Project Rescue................................................................-............--.......-.........-! 182,500 Child Care Benefits ....................................................................................................$ 10,000 Total Positions Budgeted July 1, 1978 13,259 Total Positions Budgeted June 30, 1979 13,006 Passenger Carrying Motor Vehicles 586 Provided, that of the above appropriation relating to Capital Outlay, $275,000 is desig nated and committed for Fire Marshal renovations at Atlanta Regional Hospital. Provided, that of the above appropriation relating to Capital Outlay, $31,500 is desig nated and committed for the construction of a Maintenance facility at the Georgia Mental Health Institute. It is the intent of this General Assembly that of the above appropriation relative to Regional Youth Development Centers, $20,000 is for the initial operational costs of a Regional Youth Development Center in DeKalb County. Provided, that of the above appropriation relating to Community Mental Health Cen ters, Day Care Centers for the Mentally Retarded and Group Homes for the Mentally Retarded, payments shall be made only to service providers who maintain compliance with the reporting requirements of the Department of Human Resources. Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $19,460 is for equipping the Carroll County Center. Provided, that of the above appropriation relating to Capital Outlay, $810,000 is desig nated and committed for the construction of a Regional Youth Development Center at Lawrenceville, Georgia. Provided that of the above appropriation related to MR Day Training Contracts in the MH/MR Community Services Activity, $5,000 is designated and committed for renovations at the MR Day Training Center of Meriwether County. Provided, that of the above appropriation relating to Day Care Centers for the Mentally Retarded, $100,000 is designated and committed for operating and start-up costs of a new center serving Towns and Union counties. Provided, that of the above appropriation relating to Community Mental Health Center Services, $110,000 is designated and committed for 10 accountants. Provided, that the Department is hereby authorized and directed to redirect $564,480 from funds available to the Georgia Building Authority (Hospital) for Life Safety Code renovations at Savannah Regional Hospital ($308,480) and Northwest Georgia Regional Hospital ($256,000). Section 29. Department of Industry and Trade. A. Budget Unit: Department of Industry andTrade..................................................................................................$ 7,261,982 1. Industry Budget: Personal Services.......................................................................................................$ 455,333 Regular Operating Expenses .....................................................................................$ 15,400 Travel...............................................................................................^.....!.".....!-........$ 41,500 Motor Vehicle Equipment Purchases................................................................,,..........$ -0- Publications and Printing............................................................................................$ 2,000 Equipment Purchases...................................................................... ..........$ 5,100 Computer Charges.......................................................... ........$' ,Q- MONDAY, MARCH 6, 1978 2517 Real Estate Rentals..........................................................................................................$ .Q. Telecommunications .........................................................................................................$ _0- Per Diem, Fees and Contracts...............................................................................$ 12,000 Total Funds Budgeted .............................................................................................$ 531,333 State Funds Budgeted..............................................................................................! 531,333 Total Positions Budgeted 24 2. Research Budget: Personal Services...........................................................,...........................................$ 250,000 Regular Operating Expenses .....................................................................................$ 20,550 Travel..............................................................................................................................$ 2,700 Motor Vehicle Equipment Purchases ............................................................................! -0- Publications and Printing..........................................................................................$ 32,000 Equipment Purchases......................................................................................................$ 925 Computer Charges ......................................................................................................$ 14,150 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts .................................................................................$ 2,000 Total Funds Budgeted .............................................................................................$ 322,325 State Funds Budgeted..............................................................................................! 322,325 Total Positions Budgeted 16 3. Tourism Budget: Personal Services....................................................................................................! 1,131,050 Regular Operating Expenses ...................................................................................$ 277,900 Travel............................................................................................................................$ 69,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 155,400 Equipment Purchases.................................................................................................! 14,521 Computer Charges........................................................................................................! 7,500 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 5,000 Per Diem, Fees and Contracts..................................................................................! 52,200 Local Welcome Center Contracts.............................................................................! 75,230 Capital Outlay .............................................................................................................$ 61,130 Historic Chattahoochee Commission Contract............................................................--....--....................$ 35,000 Total Funds Budgeted ..........................................................................................$ 1,883,931 State Funds Budgeted.........................................................................................-! 1,883,931 Total Positions Budgeted 101 4. Internal Administration Budget: Personal Services.....................................................................................................-.! 439,702 Regular Operating Expenses...................................................................................! 208,589 Travel...............................................................................................-.....-......................! 17,000 Motor Vehicle Equipment Purchases............................................--...--------........! 19,500 Publications and Printing.................................................--...--------------------$ 50,000 Equipment Purchases..............--......--...--.--..------------------ .--.----..$ 1,650 Computer Charges..................................................--.....--..--.--.----------..$ 7,500 Real Estate Rentals ..................................................................-...-----...-.---.$ 167,052 Telecommunications....................................-....--........--..--..--.................................! 90,000 Per Diem, Fees and Contracts--...........--.--..--.--.----------------------$ 18,000 Postage................................................................-.-.-.----------------$ 162,000 Georgia Ports Authority Authority Lease Rentals................................................----.-----------....! 2,790,000 Georgia Ports Authority General Obligation Bond Payments................................................-......--.-....--.....................____$ 500,000 2518 JOURNAL OF THE HOUSE, Total Funds Budgeted ..........................................................................................$ 4,470,993 State Funds Budgeted...........................................................................................$ 3,180,993 Total Positions Budgeted 25 5. International Budget: Personal Services.............................................................................................------$ 173,000 Regular Operating Expenses .....................................................................................$ 43,100 Travel................................................................................................................-...........! 40,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- PublicationsandPrinting..........................................................................................$ 12,000 Equipment Purchases...................................................................................................$ 2,350 Computer Charges ........................................................................................................$ 9,500 Real Estate Rentals ....................................................................................................$ 29,900 Telecommunications ...................................................................................................$ 14,000 Per Diem, Fees and Contracts ............................................................................$ 191,550 Total Funds Budgeted .............................................................................................$ 515,400 State Funds Budgeted..............................................................................................! 515,400 Total Positions Budgeted 9 6. Advertising Budget: Advertising .............................................................................................................$ 828,000 Total Funds Budgeted .............................................................................................$ 828,000 State Funds Budgeted..............................................................................................! 828,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 2,449,085 Regular Operating Expenses ...................................................................................$ 565,539 Travel..........................................................................................................................! 170,200 Motor Vehicle Equipment Purchases......................................................................! 19,500 Publications and Printing........................................................................................! 251,400 Equipment Purchases.................................................................................................! 24,546 Computer Charges......................................................................................................! 38,650' Real Estate Rentals ..................................................................................................$ 196,952 Telecommunications.................................................................................................! 109,000 Per Diem, Fees and Contracts................................................................................! 275,750 Postage........................................................................................................................! 162,000 Capital Outlay.............................................................................................................! 61,130 Local Welcome Center Contracts.............................................................................! 75,230 Advertising.................................................................................................................! 828,000 Georgia Ports Authority Authority Lease Rentals ...................................................................................$ 2,790,000 Georgia Ports Authority General Obligation Bond Payments................................................................................................................! 500,000 Historic Chattahoochee Commission Contract.............................................................................................! 35,000 Total Positions Budgeted 175 Passenger Carrying Motor Vehicles 10 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. B. Budget Unit: Authorities .............................................................................................$ -01. Georgia World Congress Budget: Personal Services....................................................................................................! 1,836,867 Regular Operating Expenses...................................................................................! 686,380 Travel............................................................................................................................$ 15,000 MONDAY, MARCH 6, 1978 2519 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 8,000 Equipment Purchases.................................................................................................$ 50,000 Computer Charges ...........................................................................................................$ 720 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 35,000 Per Diem, Fees and Contracts ................................................................................$ 102,800 Capital Outlay ..........................................................................................................$ 25,000 Total Funds Budgeted ..........................................................................................$ 2,759,767 State Funds Budgeted......................................................................................................$ -0- Total Positions Budgeted 106 2. Georgia Ports Authority Budget: Personal Services..................................................................................................$ 12,727,000 Regular Operating Expenses and Computer Charges......................................................................................$ 5,357,000 Travel..........................................................................................................................$ 330,584 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay.............................................................................................$ 4,578,049 Publications and Printing..........................................................................................! 75,000 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 1,290,000 Per Diem, Fees and Contracts................................................................................$ 176,000 Other Debt-Service Payments.............................................................................$ 679,100 Total Funds Budgeted ........................................................................................$ 25,212,733 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 721 Budget Unit Object Classes: Personal Services..................................................................................................! 14,563,867 Regular Operating Expenses ...................................................................................$ 686,380 Travel..........................................................................................................................! 345,584 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 83,000 Equipment Purchases.................................................................................................! 50,000 Computer Charges...........................................................................................................! 720 Real Estate Rentals..........................................................................................................! -0- Telecommunications........................................................,..........................................! 35,000 Per Diem, Fees and Contracts................................................................................! 278,800 Capital Outlay .............................................................................................................$ 25,000 Regular Operating Expenses, Computer Charges..............................................................................................! 5,357,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay.............................................................................................! 4,578,049 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations ..................................................................................$ 1,290,000 Other Debt-Service Payments ................................................................................$ 679,100 Total Positions Budgeted 827 Passenger Carrying Motor Vehicles 36 It is the intent of this General Assembly that to the extent that gross income from oper ations exceeds the amount contemplated in this Appropriations Act, such excess may be applied toward the cost of operations, provided that budget amendments reflecting such proposed applications are provided to the Office of Planning and Budget and the Legis lative Budget Office at least two weeks prior to such application of funds. 2520 JOURNAL OF THE HOUSE, Section 30. Department of Labor. A. Budget Unit: Inspection Division.....................................................................$ 526,069 Inspection Division Budget: Personal Services.......................................................................................................$ 430,000 Regular Operating Expenses .....................................................................................$ 10,600 Travel............................................................................................................................$ 70,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 1,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 7,969 Telecommunications.....................................................................................................! 5,000 Per Diem, Fees and Contracts .................................................................................$ 1,000 Total Funds Budgeted .............................................................................................$ 526,069 State Funds Budgeted..............................................................................................! 526,069 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services.......................................................................................................! 430,000 Regular Operating Expenses .....................................................................................$ 10,600 Travel............................................................................................................................! 70,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,500 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals......................................................................................................! 7,969 Telecommunications.....................................................................................................! 5,000 Per Diem, Fees and Contracts....................................................................................! 1,000 Total Positions Budgeted 28 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training .....................................................................$ 2,380,071 1. Basic Employment Security and W.I.N. Budget- Personal Services..................................................................................................! 26,353,308 Regular Operating Expenses ................................................................................$ 3,316,506 Travel..........................................................................................................................! 670,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 21,000 Equipment Purchases...............................................................................................! 215,000 Computer Charges ........................................................................................................$ 5,340 Real Estate Rentals. ............................................................................................,,$ 1,227,902 Telecommunications.................................................................................................! 676,000 Per Diem, Fees and Contracts.............................................................................! 3,476,000 W.I.N. Grants.....................................................................................................$ 1,000,000 Total Funds Budgeted ........................................................................................$ 36,961,056 State Funds Budgeted...........................................................................................! 1,310,041 Total Positions Budgeted 1,632 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services....................................................................................................! 7,781,447 Regular Operating Expenses ................................................................................$ 2,018,831 Travel..........................................................................................................................! 350,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 15,000 MONDAY, MARCH 6, 1978 2521 Equipment Purchases.................................................................................................! 75,000 Computer Charges ........................................................................................................$ 1,471 Real Estate Rentals ....................................................................................................$ 86,484 Telecommunications.................................................................................................? 150,000 Per Diem, Fees and Contracts (CETA) ..............................................................................................$ 2,030,000 CETA Direct Benefits ....................................................................................$ 80,000,000 Total Funds Budgeted ........................................................................................$ 92,508,233 State Funds Budgeted......................................................................................................? -0- Total Positions Budgeted 450 3. Correctional Services Budget: Personal Services.......................................................................................................? 937,684 Regular Operating Expenses .....................................................................................$ 24,846 Travel............................................................................................................................? 29,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing................................................................................................? -0- Equipment Purchases.......................................................................................................? -0- Computer Charges...........................................................................................................? 189 Real Estate Rentals ....................................................................................................$ 27,511 Telecommunications...................................................................................................? 16,600 Per Diem, Fees and Contracts...............................................................................$ 34,200 Total Funds Budgeted..........................................................................................? 1,070,030 State Funds Budgeted...........................................................................................? 1,070,030 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services..................................................................................................? 35,072,439 Regular Operating Expenses................................................................................? 5,360,183 Travel.......................................................................................................................? 1,049,000 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 36,000 Equipment Purchases...............................................................................................? 290,000 Computer Charges........................................................................................................? 7,000 Real Estate Rentals...............................................................................................? 1,341,897 Telecommunications.................................................................................................? 842,600 Per Diem, Fees and Contracts (CETA)..............................................................................................? 2,030,000 Per Diem, Fees and Contracts.............................................................................? 3,510,200 W.I.N. Grants.........................................................................................................? 1,000,000 CETA Direct Benefits.........................................................................................? 80,000,000 Total Positions Budgeted 2,144 Passenger Carrying Motor Vehicles 0 Section 31. Department of Law. Budget Unit: Department of Law ....................................................................$ 2,694,820 Attorney General's Office Budget: Personal Services....................................................................................................? 2,447,000 Regular Operating Expenses...................................................................................? 149,800 Travel............................................................................................................................? 70,000 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 27,000 Equipment Purchases.................................................................................................? 17,020 Computer Charges...........................................................................................................? 200 Books for State Library.............................................................................................? 39,000 Real Estate Rentals..........................................................................................................? -0Telecommunications...................................................................................................$ 60,000 Per Diem, Fees and Contracts..................................................................................? 30,000 2522 JOURNAL OF THE HOUSE, Capital Outlay.................................................................................................................^ -0- Total Funds Budgeted ..........................................................................................$ 2,840,020 State Funds Budgeted...........................................................................................$ 2,694,820 Total Positions Budgeted 109 Budget Unit Object Classes: Personal Services....................................................................................................? 2,447,000 Regular Operating Expenses ...................................................................................$ 149,800 Travel............................................................................................................................! 70,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................? 27,000 Equipment Purchases.................................................................................................? 17,020 Computer Charges ...........................................................................................................$ 200 Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 60,000 Per Diem, Fees and Contracts..................................................................................? 30,000 Books for State Library.............................................................................................? 39,000 Capital Outlay...................................................................................................................? -0- Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 1 For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, steno graphic help, necessary to carry on the legal duties of the State, required of the Depart ment of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, ?38,000 is designated and committed for Court Reporter Fees. Section 32. Department of Medical Assistance. Budget Unit: Medicaid Services ..................................................................$ 130,546,852 1. Commissioner's Office Budget: Personal Services.......................................................................................................? 414,765 Regular Operating Expenses.....................................................................................? 49,455 Travel............................................................................................................................? 40,300 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing...............................................................................................? 532 Equipment Purchases...................................................................................................? 1,760 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 28,100 Telecommunications...................................................................................................? 10,400 Per Diem, Fees and Contracts...............................................................................$ 62,500 Total Funds Budgeted.............................................................................................? 607,812 State Funds Budgeted..............................................................................................? 220,878 Total Positions Budgeted 22 2. Administration Budget: Personal Services.......................................................................................................? 673,702 Regular Operating Expenses...................................................................................? 119,739 Travel..............................................................................................................................? 4,600 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing..........................................................................................? 10,500 Equipment Purchases...................................................................................................? 9,660 Computer Charges.............................................................................................................? -0- MONDAY, MARCH 6, 1978 2523 Real Estate Rentals ....................................................................................................$ 66,500 Telecommunications...................................................................................................! 26,600 Per Diem, Fees and Contracts............................................................................$ 250,000 Total Funds Budgeted ..........................................................................................$ 1,161,301 State Funds Budgeted..............................................................................................$ 522,101 Total Positions Budgeted 52 3. Program Management Budget: Personal Services.......................................................................................................$ 679,000 Regular Operating Expenses ..........._......................................................................$ 146,800 Travel..............................................................................................................................$ 4,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- PublicationsandPrinting..........................................................................................$ 30,000 Equipment Purchases.................................................................................................! 10,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 46,500 Telecommunications...................................................................................................! 21,900 Per Diem, Fees and Contracts..................................................................................! 80,000 Contracts for Hospital Audits.................................................................................! 185,000 Contracts for Nursing Home and Dental Audits.................................................................................................! 600,000 Contract with Georgia Medical Care Foundation ............................................................................................$ 1,300,000 Total Funds Budgeted ..........................................................................................$ 3,104,400 State Funds Budgeted...........................................................................................! 1,441,500 Total Positions Budgeted 47 4. Operations Budget: Personal Services....................................................................................................! 1,560,000 Regular Operating Expenses...................................................................................! 526,500 Travel..............................................................................................................................! 2,100 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 15,200 Equipment Purchases.................................................................................................! 26,600 Computer Charges.................................................................................................! 6,771,000 Real Estate Rentals ....................................................................................................$ 88,400 Telecommunications.................................................................................................! 157,900 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted..........................................................................................! 9,147,700 Indirect DOAS Services Funding........................................................................! 2,000,000 Agency Funds.........................................................................................................! 6,896,699 State Funds Budgeted..............................................................................................! 251,001 Total Positions Budgeted 124 5. Benefits Payments Budget: Medicaid Benefits..............................................................................................! 394,583,629 Payments to Counties for Mental Health ..............................................................................................$ 4,000,000 Adult Emergency Dental Services...................................................................$ 3,300,000 Total Funds Budgeted ......................................................................................$ 401,883,629 State Funds Budgeted.......................................................................................! 128,111,372 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services....................................................................................................! 3,327,467 Regular Operating Expenses ...................................................................................$ 842,494 Travel............................................................................................................................! 51,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0- 2524 JOURNAL OF THE HOUSE, Publications and Printing..........................................................................................! 56,232 Equipment Purchases.................................................................................................! 48,320 Computer Charges.................................................................................................! 6,771,000 Real Estate Rentals ..................................................................................................$ 229,500 Telecommunications.................................................................................................! 216,800 Per Diem, Fees and Contracts................................................................................! 392,500 Medicaid Benefits..............................................................................................! 394,583,629 Payments to Counties for Mental Health ....................................................................................................$ 4,000,000 Adult Emergency Dental Services.......................................................................! 3,300,000 Contracts for Hospital Audits.................................................................................! 185,000 Contracts for Nursing Home and Dental Audits.................................................................................................! 600,000 Contract with Georgia Medical Care Foundation .................................................................................$ 1,300,000 Total Positions Budgeted 245 Passenger Carrying Motor Vehicles 5 It is the intent of this General Assembly that with regard to the above appropriation for Adult Emergency Dental Services, treatment of mandibular and maxillary fractures and dislocations be among the services contemplated in this appropriation, but that pay ment for restorative dental services and orthodontic services shall not generally be made from this appropriation. Section 33. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments...............................................................................$ 2,849,736 1. Applicant Services Budget: Personal Services.......................................................................................................! 563,580 Regular Operating Expenses .....................................................................................$ 15,500 Travel..............................................................................................................................! 4,100 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 35,300 Equipment Purchases...................................................................................................! 5,100 Computer Charges ....................................................................................................$ 247,000 Real Estate Rentals......................................................................................................! 1,650 Telecommunications.....................................................................................................! 9,300 Per Diem, Fees and Contracts..................................................................................! 20,000 Postage ......................................................................................................................$ 33,500 Total Funds Budgeted .............................................................................................$ 935,030 Agency Assessments .................................................................................................$ 935,030 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services.......................................................................................................! 351,000 Regular Operating Expenses .......................................................................................$ 4,490 Travel..............................................................................................................................! 3,500 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing............................................................................................! 9,270 Equipment Purchases...................................................................................................! 1,400 Computer Charges......................................................................................................! 85,600 Real Estate Rentals..........................................................................................................! -0Telecommunications.....................................................................................................$ 5,100 Per Diem, Fees and Contracts....................................................................................! 5,000 Postage.........................................................................................................................$ 2,200 MONDAY, MARCH 6, 1978 2525 Total Funds Budgeted .............................................................................................$ 467,560 Agency Assessments .................................................................................................$ 467,560 Total Positions Budgeted 22 3. Employee Services Budget: Personal Services.......................................................................................................$ 291,000 Regular Operating Expenses .....................................................................................$ 11,610 Travel..............................................................................................................................$ 2,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 12,600 Equipment Purchases...................................................................................................$ 1,080 Computer Charges ....................................................................................................$ 121,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 4,200 Per Diem, Fees and Contracts ........................................................................................$ -0- Postage.........................................................................................................................$ 1,200 Total Funds Budgeted .............................................................................................$ 445,490 Agency Assessments .................................................................................................$ 437,140 Total Positions Budgeted 21 4. Employee Training and Development Budget: Personal Services......................................................................................................-! 281,879 Regular Operating Expenses .....................................................................................$ 10,520 Travel..............................................................................................................................$ 9,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 8,520 Equipment Purchases...................................................................................................$ 2,900 Computer Charges ........................................................................................................$ 1,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 5,850 Per Diem, Fees and Contracts..................................................................................! 88,500 Postage .........................................................................................................................$ 3,200 Total Funds Budgeted .............................................................................................$ 412,169 Agency Assessments .................................................................................................$ 357,169 Total Positions Budgeted 17 5. Health Insurance Administration Budget: Personal Services.......................................................................................................! 209,000 Regular Operating Expenses .......................................................................................$ 5,200 Travel..............................................................................................................................! 1,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 3,900 Equipment Purchases...................................................................................................! 1,920 Computer Charges ......................................................................................................$ 10,350 Real Estate Rentals ....................................................................................................$ 17,100 Telecommunications...................................................................................................! 11,800 Per Diem, Fees and Contracts.............................................................................! 1,112,600 Postage ......................................................................................................................$ 14,000 Total Funds Budgeted ..........................................................................................$ 1,386,870 Other Health Insurance Agency Funds ........................................................................................................$ 150,000 Employer and Employee Contributions......................................................................................................! 1,236,870 Total Positions Budgeted 14 6. Health Insurance Claims Budget: Personal Services...............................................................................................................! -0- 2526 JOURNAL OF THE HOUSE, Regular Operating Expenses ...........................................................................................$ -0- Travel..................................................................................................................................$ -0- Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing ................................................................................................$ -0- Equipment Purchases.......................................................................................................$ -0- Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications.........................................................................................................? -0- Per Diem, Fees and Contracts ........................................................................................$ -0- Postage................................................................................................................................$ -0- Health Insurance Claims................................................................................$ 35,469,000 Total Funds Budgeted ........................................................................................$ 35,469,000 Other Health Insurance Agency Funds .....................................................................................................$ 4,800,010 Employer and Employee Contributions....................................................................................................? 30,668,990 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services.......................................................................................................$ 282,922 Regular Operating Expenses .......................................................................................$ 8,410 Travel..........................................................................................-..................................$ 1,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................$ 5,320 Equipment Purchases.................................................................................................$ 16,850 Computer Charges ....................................................................................................$ 132,840 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 4,200 Per Diem, Fees and Contracts ....................................................................................$ 2,700 Postage............................................................................................................................$ 1,140 Federal Sub-grants to State and Local Agencies .................................................................................$ 283,640 Total Funds Budgeted .............................................................................................$ 739,522 Agency Assessments .................................................................................................$ 388,552 Employer and Employee Contributions ..................................................................$ 34,370 Total Positions Budgeted 20 8. Commissioner's Office Budget: Personal Services.......................................................................................................! 179,800 Regular Operating Expenses .......................................................................................$ 5,680 Travel..............................................................................-..................-............................! 6,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................? 5,800 Equipment Purchases......................................................................................................$ 605 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 3,300 Per Diem, Fees and Contracts..................................................................................? 60,000 Postage.........................................................................................................................$ 3,100 Total Funds Budgeted .............................................................................................$ 264,285 Agency Assessments .................................................................................................$ 264,285 Total Positions Budgeted 7 Budget Unit Object Classes: Personal Services....................................................................................................? 2,159,181 Regular Operating Expenses .....................................................................................$ 61,410 Travel............................................................................................................................? 28,700 Motor Vehicle Equipment Purchases............................................................................? -0- MONDAY, MARCH 6, 1978 2527 Publications and Printing..........................................................................................$ 80,710 Equipment Purchases.................................................................................................$ 29,855 Computer Charges ....................................................................................................$ 597,790 Real Estate Rentals ....................................................................................................$ 18,750 Telecommunications...................................................................................................! 43,750 Per Diem, Fees and Contracts .............................................................................$ 1,288,800 Postage..........................................................................................................................$ 58,340 Federal Sub-grants to State and Local Agencies.....................................................................................! 283,640 Health Insurance Claim Payments ...................................................................$ 35,469,000 Total Positions Budgeted 140 Passenger Carrying Motor Vehicles 0 Section 34. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................................................................................................$ 37,464,461 1. Internal Administration Budget: Personal Services...........................................................................................-........! 1,309,000 Regular Operating Expenses ...................................................................................$ 275,700 Travel............................................................................................................................$ 19,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................$ 140,000 Equipment Purchases.................................................................................................! 10,500 Computer Charges ....................................................................................................$ 132,700 Real Estate Rentals ....................................................................................................$ 21,000 Telecommunications.....................................................................................-.............! 46,200 Per Diem, Fees and Contracts..................................................................................! 34,000 Grants to the City of Atlanta ..........................................................................$ 1,500,000 Total Funds Budgeted ..........................................................................................$ 3,488,100 State Funds Budgeted...........................................................................................! 3,488,100 Total Positions Budgeted 85 2. Information and Education Budget: Personal Services.......................................................................................................! 502,000 Regular Operating Expenses.....................................................................................! 97,960 Travel............................................................................................................................! 15,000 Motor Vehicle Equipment Purchases......................................................................! 23,800 Publications and Printing........................................................................................! 315,000 Equipment Purchases.................................................................................................! 33,000 Computer Charges........................................................................................................! 1,820 Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 28,000 Per Diem, Fees and Contracts....................................................................................! 8,900 Capital Outlay - Repairs and Maintenance .........................................................................................................$ 12,500 Total Funds Budgeted ..........................................................................................$ 1,037,980 State Funds Budgeted..............................................................................................! 888,980 Total Positions Budgeted 35 3. Planning and Research Budget: Personal Services....................................................................................................! 1,138,133 Regular Operating Expenses .....................................................................................$ 76,500 Travel............................................................................................................................! 50,900 Motor Vehicle Equipment Purchases........................................................................................................................! -0Publications and Printing..........................................................................................! 40,100 Equipment Purchases...................................................................................................! 3,060 2528 JOURNAL OF THE HOUSE, Computer Charges ......................................................................................................$ 57,846 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ............................................................................................--....$ 41,300 Per Diem, Fees and Contracts................................................................................! 131,500 Land and Water Conservation Grants ..................................................................................................................$ 8,500,000 Recreation Grants .....................................................................................................$ 200,000 Youth Conservation Corps Grants .........................................................................$ 100,000 Capital Outlay - Heritage Trust.............................................................................! 823,000 Contract - Special Olympics, Inc. .........................................................................$ 63,000 Total Funds Budgeted ........................................................................................$ 11,225,339 State Funds Budgeted...........................................................................................! 2,241,377 Total Positions Budgeted 60 4. Game and Fish Budget: Personal Services....................................................................................................! 7,285,502 Regular Operating Expenses ................................................................................$ 2,131,202 Travel............................................................................................................................$ 99,698 Motor Vehicle Equipment Purchases................................................................................................................! 582,660 Publications and Printing..........................................................................................! 36,400 Equipment Purchases...............................................................................................! 495,132 Computer Charges......................................................................................................! 32,250 Real Estate Rentals ......................................................................................................$ 2,649 Telecommunications.................................................................................................! 144,100 Per Diem, Fees and Contracts..................................................................................! 74,100 Capital Outlay - Hatchery Renovation.............................................................................................................! 122,000 Capital Outlay - Repairs and Maintenance.....................................................................................................! 68,500 Capital Outlay........................................................................................................$ 205,491 Total Funds Budgeted ...........................................................;............................$ 11,279,684 State Funds Budgeted...........................................................................................! 9,060,522 Total Positions Budgeted 463 5. State Parks and Historic Sites Operations Budget: Personal Services......................................,.............................................................! 4,779,391 Regular Operating Expenses ................................................................................$ 2,541,900 Travel............................................................................................................................! 61,300 Motor Vehicle Equipment Purchases................................................................................................................! 156,400 Publications and Printing..........................................................................................! 48,800 Equipment Purchases...............................................................................................! 195,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 7,150 Telecommunications.................................................................................................! 145,700 Per Diem, Fees and Contracts..................................................................................! 60,300 Capital Outlay...........................................................................................................! 361,000 Capital Outlay - Repairs and Maintenance...................................................................................................! 600,000 Capital Outlay - Shop Stock...................................................................................! 200,000 Cost of Material for Resale.....................................................................................! 600,000 Authority Lease Rentals...................................................................................$ 2,533,000 Total Funds Budgeted ........................................................................................$ 12,290,241 State Funds Budgeted...........................................................................................! 9,450,241 Total Positions Budgeted 348 MONDAY, MARCH 6, 1978 2529 6. Geologic and Water Resources Research Budget: Personal Services...................................--..----.--..--------..----..--------$ 696,690 Regular Operating Expenses................................................................................--I 122,174 Travel....................................................................................................................-.....! 45,400 Motor Vehicle Equipment Purchases......................................................................! 28,000 Publications and Printing........-..................-....----.-..-----------.-.------$ 27,500 Equipment Purchases............................................................................----........--$ 21,200 Computer Charges...........................................................................----------------$ -0- Real Estate Rentals................................................................................----.--------$ 1,200 Telecommunications..........................................................--...................................--$ 12,040 Per Diem, Fees and Contracts.........................................------...................----.$ 221,500 Contract with U.S. Geological Survey for Ground Water Resources Survey .......................................................................................... ........$ 184,125 Topographic Mapping United States Geological Survey......................................................................................$ 375,000 Capital Outlay...-..........................................................................----....--------.$ 22,000 Total Funds Budgeted ..........................................................................................$ 1,756,829 StateFundsBudgeted............................................................................... ............$ 1,460,829 Total Positions Budgeted 40 7. Environmental Protection Budget: Personal Services....................................................................................................$ 5,542,214 Regular Operating Expenses ...................................................................................$ 309,534 Travel...................................................................................................................----$ 216,900 Motor Vehicle Equipment Purchases..................................................................................................................$ 52,000 Publications and Printing..........................................................................................$ 50,000 Equipment Purchases......................................................----------............................$ 44,000 Computer Charges ....................................................................................................$ 210,000 Real Estate Rentals....................................................................................................$ 62,388 Telecommunications............................................................................ .....................$ 102,000 Per Diem, Fees and Contracts................................................................................! 468,000 Solid Waste Grants...................................................................................................$ 500,000 Water and Sewer Grants.................----............----.......................................$ 5,000,000 Total Funds Budgeted ........................................................................................$ 12,557,036 State Funds Budgeted............................................................................... ............$ 9,937,036 Total Positions Budgeted 296 8. Dam Safety Budget: Personal Services......................................................................................................--! 81,531 Regular Operating Expenses.....................................................................................$ 15,070 Travel............................................................................----..........-..............................$ 8,000 Motor Vehicle Equipment Purchases........................................................................$ 8,500 Publications and Printing................................................................................................? -0- Equipment Purchases...................................................................................................$ 4,825 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ......................................................................................................$ 4,350 Telecommunications.........................................................................................................! -0- Per Diem, Fees and Contracts...............................................................................$ 20,000 Total Funds Budgeted .............................................................................................$ 142,276 State Funds Budgeted..............................................................................................! 142,276 Total Positions Budgeted 5 9. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations.........................................................--------..........................-------$ 499,500 2530 JOURNAL OF THE HOUSE, Payments to Lake Lanier Islands Development Authority for Capital Outlay ......................................................................................................$ 15,600 Total Funds Budgeted .............................................................................................$ 515,100 State Funds Budgeted..............................................................................................! 515,100 Total Positions Budgeted 0 10. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations............................................................................! 130,000 Payments to Jekyll Island State Park Authority for Capital Outlay ..................................................................................................................$ 150,000 Total Funds Budgeted .............................................................................................$ 280,000 State Funds Budgeted..............................................................................................! 280,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services..................................................................................................! 21,334,461 Regular Operating Expenses................................................................................! 5,570,040 Travel..........................................................................................................................! 516,198 Motor Vehicle Equipment Purchases................................................................................................................! 851,360 Publications and Printing........................................................................................! 657,800 Equipment Purchases...............................................................................................! 807,017 Computer Charges....................................................................................................! 434,616 Real Estate Rentals....................................................................................................! 98,737 Telecommunications.................................................................................................! 519,340 Per Diem, Fees and Contracts.............................................................................! 1,018,300 Land and Water Conservation Grants..................................................................................................................! 8,500,000 Recreation Grants.....................................................................................................! 200,000 Youth Conservation Corps Grants.........................................................................! 100,000 Water and Sewer Grants ......................................................................................$ 5,000,000 Solid Waste Grants...................................................................................................! 500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey..................................................................................................! 184,125 Contract with U.S. Geological Survey for Topographic Maps.............................................................................! 375,000 Capital Outlay - Hatchery Renovation.............................................................................................................! 122,000 Capital Outlay...........................................................................................................! 588,491 Capital Outlay - Repairs and Maintenance...................................................................................................! 681,000 Capital Outlay - Shop Stock...................................................................................! 200,000 Capital Outlay - Heritage Trust.............................................................................! 823,000 Authority Lease Rentals.......................................................................................! 2,533,000 Cost of Material for Resale.....................................................................................! 600,000 Payments to Lake Lanier Islands Development Authority for Operations........................................................................................................! 499,500 Payments to Lake Lanier Islands Development Authority for Capital Outlay...................................................................................................! 15,600 Payments to Jekyll Island State Park Authority for Operations............................................................................! 130,000 MONDAY, MARCH 6, 1978 2531 Payments to Jekyll Island State Park Authority for Capital Outlay....................................................................................................................$ 150,000 Grants to the City of Atlanta..............................................................................! 1,500,000 Contract - Special Olympics, Inc..............................................................................................................................$ 63,000 Total Positions Budgeted 1,332 Passenger Carrying Motor Vehicles 984 Provided, that no land shall be purchased for State park purposes from funds appropri ated under this Section or from any other funds without the approval of the State Prop erties Control Commission, except that land specifically provided for in this Section. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Department of Natural Resources is authorized and directed to use the excess receipts for repairs and mainte nance of State Parks and Historic Sites facilities. Provided, that of the above appropriation, $63,000 is designated and committed for matching a minimum of $63,000 from other sources for the Georgia Special Olympics Pro gram. Provided, that in the above appropriation, State Parks and Historic Sites is directed to convert two (2) temporary positions to permanent status at Vogel State Park. Provided, however, that of the above appropriation relating to Grants to the City of Atlanta, it is the intent of this General Assembly that no more than 20% of the cost of restoring the Cyclorama, including relocation thereof, be paid from this appropriation, and that the Department of Natural Resources establish necessary controls and take such addi tional action as is necessary to insure compliance with this provision. Provided, further, that schoolchildren in scheduled and supervised groups shall not be required to pay any admission fee to tour the Cyclorama. Provided, that of the above appropriation relative to Capital Outlay $35,000 is desig nated and committed for a group shelter at George L. Smith State Park. Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment for counties and municipalities having reached legally established bond capacity, and that $4,000,000 is designated and committed for grants to local governments for water and sewer projects utilizing a maximum State match of 50% of the total cost of each project. Provided, further tha no allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. B. Budget Unit: Authorities .............................................................................................$ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services.......................................................................................................! 737,000 Regular Operating Expenses ...................................................................................$ 208,500 Travel...................................................................................................................,..........$ 4,000 Motor Vehicle Equipment Purchases .............................................................,........$ 12,500 Publications and Printing..........................................................................................! 75,000 Equipment Purchases.................................................................................................! 10,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 14,000 Per Diem, Fees and Contracts..................................................................................$ 38,000 Capital Outlay .............................................................................................................$ 31,200 Promotion Expenses........................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 1,130,700 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 53 2532 JOURNAL OF THE HOUSE, 2. Jekyll Island State Park Authority Budget: Personal Services....................................................................................................? 1,994,365 Regular Operating Expenses ................................................................................$ 1,080,700 Travel............................................................................................................................$ 10,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 40,000 Equipment Purchases.................................................................................................! 80,000 Computer Charges........................................................................................................! 8,500 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 22,000 Per Diem, Fees and Contracts..................................................................................! 75,000 Mortgage Payments..................................................................................................! 150,300 Capital Outlay...........................................................................................................! 150,000 Promotion Expenses........................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 3,610,865 Payments from the Department of Natural Resources ............................................................................................$ 280,000 Other Funds............................................................................................................! 3,330,865 Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services....................................................................................................! 2,731,365 Regular Operating Expenses ................................................................................$ 1,289,200 Travel............................................................................................................................! 14,000 Motor Vehicle Equipment Purchases......................................................................! 12,500 Publications and Printing........................................................................................! 115,000 Equipment....................................................................................................................! 90,500 Computer Charges ........................................................................................................$ 8,500 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 36,000 Per Diem, Fees and Contracts................................................................................! 113,000 Capital Outlay ...........................................................................................................$ 181,200 Promotion Expense...........................................................................................................! -0- Mortgage Payments..................................................................................................! 150,300 Total Positions Budgeted 273 Passenger Carrying Motor Vehicles 91 Section 35. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation........................................................................................^ 65,045,354 1. General Administration and Support Budget: Personal Services....................................................................................................! 2,862,722 Regular Operating Expenses ...................................................................................$ 230,495 Travel............................................................................................................................! 77,860 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 22,000 Equipment Purchases...................................................................................................! 6,970 Computer Charges....................................................................................................! 316,000 Real Estate Rentals ..................................................................................................$ 212,900 Telecommunications.................................................................................................! 108,500 Per Diem, Fees and Contracts................................................................................! 338,300 Utilities..............................................................................................................................$ -0- Total Funds Budgeted ..........................................................................................$ 4,175,747 State Funds Budgeted...........................................................................................! 4,147,782 Total Positions Budgeted 191 MONDAY, MARCH 6, 1978 2533 2. Georgia Training and Development Center Budget: Personal Services.......................................................................................................$ 807,000 Regular Operating Expenses ...................................................................................$ 109,900 Travel..............................................................................................................................! 1,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing................................................................................................! -0- Equipment Purchases............,....................................................................................! 12,700 Computer Charges.............................................................................................................$ -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 10,400 Per Diem, Fees and Contracts..................................................................................! 18,600 Utilities......................................................................................................................$ 70,000 Total Funds Budgeted ..........................................................................................$ 1,029,700 State Funds Budgeted...........................................................................................! 1,029,700 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services....................................................................................................! 2,871,383 Regular Operating Expenses ...................................................................................$ 447,033 Travel..............................................................................................................................! 3,800 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 700 Equipment Purchases.................................................................................................! 36,109 Computer Charges.............................................................................................................! -0- Real Estate Rentals...........................................................................................................! 31 Telecommunications...................................................................................................! 26,400 Per Diem, Fees and Contracts....................................................................................! 6,200 Utilities ...................................................................................................................$ 300,000 Total Funds Budgeted ..........................................................................................$ 3,691,656 State Funds Budgeted...........................................................................................! 3,691,656 Total Positions Budgeted 231 4. Alto Education and Evaluation Center Budget: Personal Services.......................................................................................................! 857,503 Regular Operating Expenses .....................................................................................$ 77,490 Travel..............................................................................................................................! 4,250 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 2,000 Equipment Purchases.................................................................................................! 27,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 7,250 Per Diem, Fees and Contracts........................................................................................! -0- Utilities..............................................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 975,493 State Funds Budgeted..............................................................................................! 774,668 Total Positions Budgeted 52 5. Georgia Diagnostic and Classification Center Budget: Personal Services....................................................................................................! 3,273,068 Regular Operating Expenses ...................................................................................$ 503,928 Travel..............................................................................................................................! 2,300 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing...............................................................................................! 500 2534 JOURNAL OF THE HOUSE, Equipment Purchases.................................................................................................$ 79,910 Computer Charges.............................................................................................................$ -0- Real Estate Rentals .,,.......................................................................................................$ -0- Telecommunications ...................................................................................................$ 32,600 Per Diem, Fees and Contracts..................................................................................! 12,100 Utilities ...................................................................................................................$ 267,700 Total Funds Budgeted ..........................................................................................$ 4,172,106 State Funds Budgeted...........................................................................................! 4,172,106 Total Positions Budgeted 279 6. Georgia State Prison Budget: Personal Services....................................................................................................! 5,915,037 Regular Operating Expenses ................................................................................$ 1,010,354 Travel..............................................................................................................................! 5,400 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 500 Equipment Purchases.................................................................................................! 68,270 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................! 38,000 Per Diem, Fees and Contracts..................................................................................! 51,200 Utilities ...................................................................................................................$ 650,000 Total Funds Budgeted..........................................................................................! 7,738,761 State Funds Budgeted...........................................................................................! 7,716,761 Total Positions Budgeted 498 7. Consolidated Branches Budget: Personal Services....................................................................................................! 3,483,119 Regular Operating Expenses ...................................................................................$ 516,709 Travel..............................................................................................................................! 8,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 700 Equipment Purchases.................................................................................................! 60,414 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..................................................................................................,,! 21,660 Telecommunications...................................................................................................! 45,000 Per Diem, Fees and Contracts..................................................................................! 87,900 Utilities ...................................................................................................................$ 305,000 Total Funds Budgeted ..........................................................................................$ 4,528,502 State Funds Budgeted..................................................................................-.......! 4,202,502 Total Positions Budgeted 295 8. Lee Correctional Institution Budget: Personal Services.......................................................................................................! 762,950 Regular Operating Expenses ...................................................................................$ 121,610 Travel..............................................................................................................................! 1,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 100 Equipment Purchases...............................................................................................! 136,300 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 8,500 Per Diem, Fees and Contracts..................................................................................! 10,800 Utilities......................................................................................................................$ 97,000 Total Funds Budgeted ..........................................................................................$ 1,139,160 State Funds Budgeted...........................................................................................! 1,139,160 Total Positions Budgeted 83 MONDAY, MARCH 6, 1978 2535 9. Montgomery Correctional Institution Budget: Personal Services.......................................................................................................$ 753,998 Regular Operating Expenses ...................................................................................$ 137,530 Travel..............................................................................................................................$ i ;eoo Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..................................,............................................................$ 100 Equipment Purchases...................................................................................................$ 9,500 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 11,200 Per Diem, Fees and Contracts..................................................................................$ 13,600 Utilities......................................................................................................................* 72,800 Total Funds Budgeted ..........................................................................................$ 1,000,328 State Funds Budgeted..............................................................................................! 985,328 Total Positions Budgeted 60 10. Walker Correctional Institution Budget: Personal Services.......................................................................................................$ 778,261 Regular Operating Expenses ...................................................................................$ 134,840 Travel............'..................................................................................................................$ 2,400 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................$ 200 Equipment Purchases...................................................................................................! 6,600 Computer Charges......--................................--.......................................'.........................I -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications...................................................................................................$ 14,500 Per Diem, Fees and Contracts....................................................................................! 7,800 Utilities......................................................................................................................* 57,000 Total Funds Budgeted ..........................................................................................$ 1,001,601 State Funds Budgeted..............................................................................................! 991,601 Total Positions Budgeted 65 11. Georgia Women's Correctional Institution Budget: Personal Services............................................................................-..................-...! 1,309,190 Regular Operating Expenses ...................................................................................$ 185,836 Travel..............................................................................................................................! 2,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 100 Equipment Purchases.......................................................................-.........................-! 3,000 Computer Charges................................................................--..........................................$ -0- Real Estate Rentals ......................................................................................................$ 1,400 Telecommunications.--........................--....----.--------------------$ 13,900 Per Diem, Fees and Contracts.......................................--..............................................$ -0- Utilities ................................................................................................-..................$ 126,000 Total Funds Budgeted ...--...................--...................................------...------$ 1,641,426 State Funds Budgeted.................................................................................-.......! 1,641,426 Total Positions Budgeted 117 12. West Georgia Community Correctional Center Budget: Personal Services.......................................--..----.------------------$ 1,543,000 Regular Operating Expenses................................................................------.----.$ 209,303 Travel..............................................................--.....--......--..--.................................$ 2,000 Motor Vehicle Equipment Purchases....................................................................--....$ -0Publications and Printing..................................--....--..--........................................-$ 100 2536 JOURNAL OF THE HOUSE, Equipment Purchases..............................................--............................................. ...$ 16,376 Computer Charges.................................................................-.--------------------------$ -0- Real Estate Rentals ..................................................................--------.----------$ -0- Telecommunications................................................--------.--.................... ..............$ 13,000 Per Diem, Fees and Contracts................................................................-..------$ 17,400 Utilities.............................-...-......-.....-.......................--.......--------- .$118,000 Total Funds Budgeted...........................................................................--..----$ 1,919,179 State Funds Budgeted...........................................................----..............------$ 1,919,179 Total Positions Budgeted 138 13. Georgia Earned Release Correctional Center Budget: PersonalServices.........................................................................--.--.--.............$ 2,484,611 Regular Operating Expenses ...................................................................................$ 320,051 Travel......................................................................................-----..-----..----..----$2,000 Motor Vehicle Equipment Purchases..................................................--------..----$ -0- Publications and Printing............................................--...........--.................--.--.....--$ 500 Equipment Purchases........................................................................................----.$ 46,332 Computer Charges........................................................................--..........--...----..----.I -0- Real Estate Rentals.................................................................................................--....$ 660 Telecommunications...................................................................................................$ 33,200 Per Diem, Fees and Contracts.................................................................................. $ 12,000 Utilities ...............................................................................................................................$ -0- Payments to Central State Hospital for Utilities.........................................................................................$ 175,500 Total Funds Budgeted ..........................................................................................$ 3,074,854 State Funds Budgeted...........................................................................................$ 3,074,854 Total Positions Budgeted 219 14. Macon Community Correctional Center Budget: Personal Services....................................................................................................? 1,272,422 Regular Operating Expenses ...................................................................................$ 163,339 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases............................................................................$ -0- Publications and Printing...............................................................................................? 300 Equipment Purchases...................................................................................................? 6,150 Computer Charges.............................................................................................................? -0- Real Estate Rentals..........................................................................................................? -0- Telecommunications...................................................................................................? 11,300 Per Diem, Fees and Contracts..................................................................................? 12,750 Utilities ..............................................................................................,,.,,,,..............$ 126,000 Total Funds Budgeted..........................................................................................? 1,595,261 State Funds Budgeted...........................................................................................? 1,595,261 Total Positions Budgeted 129 15. Talmadge Memorial Hospital Unit Budget: Personal Services......--.......--..................................................................................? 220,000 Regular Operating Expenses.....................................................................................? 10,000 Travel.........----.------.......--..................................................................,....................? 300 Motor Vehicle Equipment Purchases............................................................................? -0Publications and Printing................................................................................................? -0Equipment Purchases.......................................................................................................? -0Computer Charges.............................................................................................................? -0Real Estate Rentals..........................................................................................................? -0Telecommunications.........................................................................................................? -0Per Diem, Fees and Contracts........................................................................................? -0- MONDAY, MARCH 6, 1978 2537 Utilities..........................................................................................................................,,,^ .Q. Total Funds Budgeted .............................................................................................$ 230,300 State Funds Budgeted..............................................................................................! 230,300 Total Positions Budgeted 20 16. Central Institutional Administration Budget: Personal Services.......................................................................................................$ 368,600 Regular Operating Expenses .....................................................................................$ 24,180 Travel............................................................................................................................$ 18,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 1,100 Computer Charges..............................,..............................................................................! -0- Real Estate Rentals ......................................................................................................$ 5,400 Telecommunications...................................................................................................! 15,700 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ........................................................................................................................$ 2,400 Total Funds Budgeted .............................................................................................$ 435,580 State Funds Budgeted..............................................................................................! 435,580 Total Positions Budgeted 18 17. Central Funds Budget: Personal Services...............................................................................................................! -0- Regular Operating Expenses .....................................................................................$ 20,150 Travel............................................................................................................................! 53,940 Motor Vehicle Equipment Purchases ....................................................................$ 591,200 Publications and Printing........................................................................................! 110,400 Equipment Purchases...................................................................................................! 2,345 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .........................................................................................................$ -0- Per Diem, Fees and Contracts..................................................................................! 93,000 Utilities...............................................................................................................................! -0- Authority Lease Rentals ..........................................................................................$ 840,000 Overtime.......................................................................................................................! 30,000 Court Costs................................................................................................................! 200,000 Inmate Release Funds.............................................................................-.......-........! 360,000 County Subsidy.....................................................................................................-! 4,283,640 Outside Health Service Purchases...........................................................................................................-....! 341,000 Payments to Talmadge Memorial Hospital.......................................................................-...-..........-..-...! 795,000 Central Repair Fund ................................................................................................! 450,000 Payments to Central State Hospital for Medical Services.-.-........................................................-...........---.-.....-.....-...-.-.! 600,000 Capital Outlay............................................................................................-.....-.* 500,000 Total Funds Budgeted...................................................-...--.-.------------! 9,270,675 State Funds Budgeted..........----.................-.--........................................... .--$9,110,675 Total Positions Budgeted 0 18. Training and Staff Development Center Budget: Personal Services...........................................--.--...----------........................! 230,500 Regular Operating Expenses..................................................................--.....----..--! 59,320 Travel.......................................................................--.--.....-.....----.............--.-.! 42,000 Motor Vehicle Equipment Purchases...............................................................--.......$ -0- 2538 JOURNAL OF THE HOUSE, Publications and Printing....................................................................--------------$ 1,000 Equipment Purchases............................................----------------------------$ 1,650 Computer Charges...............................................-...-..-.........-...........--------------! -0- Real Estate Rentals..............................................................................------.---$ 24,000 Telecommunications..............................................................................------.--------$ 7,500 Per Diem, Fees and Contracts..-...----.............----...........----...-.----..-----$ 27,000 Utilities-........----.......--............------..--------.------...................... .--------.$7,920 Total Funds Budgeted...............----..-............----..............----......----------$ 400,890 State Funds Budgeted...................--.................----..........................----..----! 188,440 Total Positions Budgeted 18 19. D.O.T. Work Details Budget: Personal Services................................................................................................--$ 107,476 Regular Operating Expenses.....................................................................--------$ 3,672 Travel-.-.-.-..-.....---.-...--.-..-...-.-.-...-..----------------................$-0- Motor Vehicle Equipment Purchases..................................................----..------.----.$ -0- Publications and Printing................................................................................................$ -0- Equipment Purchases..........................................................................----.----------.--$ -0- Computer Charges.........................................................................................................--.$ -0- Real Estate Rentals.............--.........................-..-....-.........-.......------------! -0- Telecommunications......................................................................................................--$ -0- Per Diem, Fees and Contracts.......................................................................----.----.$ -0- Utilities..............................................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 111,148 State Funds Budgeted........................................................................----..--------$ -0- Total Positions Budgeted 15 20. Food Processing and Distribution Budget: Personal Services....................................................................................................! 1,050,000 Regular Operating Expenses ................................................................................$ 2,812,033 Travel..............................................................................................................................! 3,200 Motor Vehicle Equipment Purchases..................................................-----......--...--.$ -0- Publications and Printing...............................................................................................! 500 Equipment Purchases...............................................................................................! 122,464 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 4,000 Per Diem, Fees and Contracts........................................................................................! -0- Utilities...............................................................................................................................! -0- Payments to Central State Hospital for Meals................................................................................................$ 907,133 Payments to Central State Hospital for Utilities..............................................................................................$ 7,500 Total Funds Budgeted..........................................................................................! 4,906,830 State Funds Budgeted...........................................................................................! 4,708,300 Total Positions Budgeted 101 21. Farm Operations Budget: Personal Services.......................................................................................................! 325,055 Regular Operating Expenses ................................................................................$ 1,956,311 Travel..................................................................................................................................! -0- Motor Vehicle Equipment Purchases....................................................................! 104,000 Publications and Printing................................................................................................! -0Equipment Purchases...............................................................................................! 109,830 Computer Charges.............................................................................................................! -0Real Estate Rentals ..........................................................................................................$ -0Telecommunications.......--.----.....................................................................................$ -0- MONDAY, MARCH 6, 1978 2539 Per Diem, Fees and Contracts ....................................................................................$ 4,600 Utilities ...............................................................................................................................$' .Q. Capital Outlay ..........................................................................................................$ 81,000 Total Funds Budgeted ..........................................................................................$ 2,580,796 State Funds Budgeted...........................................................................................$ 2,568,796 Total Positions Budgeted 25 22. Probation Operations Budget: Personal Services....................................................................................................$ 5,787,748 Regular Operating Expenses ...................................................................................$ 167,097 Travel..........................................................................................................................$ 247,500 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 4,300 Equipment Purchases.................................................................................................! 68,090 Computer Charges.............................................................................................................$ -0- Real Estate Rentals ..................................................................................................$ 136,103 Telecommunications.................................................................................................! 113,500 Per Diem, Fees and Contracts........................................................................................! -0- Utilities ........................................................................................................................$ 5,400 Total Funds Budgeted ..........................................................................................$ 6,529,738 State Funds Budgeted...........................................................................................! 6,495,438 Total Positions Budgeted 453 23. Pre-release Centers Budget: Personal Services....................................................................................................! 1,535,000 Regular Operating Expenses ...................................................................................$ 195,000 Travel............................................................................................................................! 17,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing...............................................................................................! 700 Equipment Purchases...................................................................................................! 6,500 Computer Charges..........................,..................................................................................! -0- Real Estate Rentals ..................................................................................................$ 240,000 Telecommunications...................................................................................................! 31,000 Per Diem, Fees and Contracts..................................................................................! 26,000 Utilities ...................................................................................................................$ 140,000 Total Funds Budgeted ..........................................................................................$ 2,191,200 State Funds Budgeted................................................................-...................-......! 2,191,200 Total Positions Budgeted 133 24. Restitution/Adjustment Centers Budget: Personal Services.....................................................................................--.--........! 1,513,287 Regular Operating Expenses...................................................................................$ 254,762 Travel...........................................................................................-............-................? 16,050 Motor Vehicle Equipment Purchases.......................................-...........-.------....$ 23,000 Publications and Printing......--..----....--..--.....----.--------------------------$ 1,300 Equipment Purchases........................................--.....--------..................................$ 57,780 Computer Charges....................----....--.......----..----.-----------------------------$ -0- Real Estate Rentals............................................................................................-...$ 211,950 Telecommunications............................--.------------------------------------------$ 31,000 Per Diem, Fees and Contracts..............................................................................--$ 25,400 Utilities..............................................................-..........-......--..............................$ 81,000 Total Funds Budgeted.................................................................................----$ 2,215,529 State Funds Budgeted..............................................-...........--.----------$1.913,153 Total Positions Budgeted 146 25. Andromeda Center Budget: Personal Services...............----------------....................................--------$ 186,000 Regular Operating Expenses.................................--------.----------------$ 61,020 2540 JOURNAL OF THE HOUSE, .........................................................................................-...-..-.------$ 3,300 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..............................................................---- ----------$ 300 Equipment Purchases................ ...................................... .--...--..---- .................... ...........$ -0- Computer Charges............................. .............. ............ ...----.--..--------------$ -0- Real Estate Rentals ..........................-..................-.........................-----.......-..-$ 27,300 Telecommunications...............................................................................-- ...... --...--.--$ 3,800 Per Diem, Fees and Contracte............................................................................--..? 12,000 Utaities............................................................................--...............................-..$ 10,000 Total Funds Budgeted ..........................................................................-..........--$ 303,720 State Funds Budgeted......................................................................................-.--! 121,488 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services..........................................................................................--..$ 40,297,930 Regular Operating Expenses ................................................................................$ 9,731,963 Travel.......................................................................................................................-$ 519,100 Motor Vehicle Equipment Purchases................................................................................................................? 718,200 Publications and Printing........................................................................................? 146,300 Equipment Purchases...............................................................................................? 885,390 Computer Charges....................................................................................................? 316,000 Real Estate Rentals ..................................................................................................? 881,404 Telecommunications.................................................................................................? 580,250 Per Diem, Fees and Contracts................................................................................? 776,650 Utilities....................................................................................................................? 2,436,220 Payments to Central State Hospital for Meals ................................................................................................? 907,133 Payments to Central State Hospital for Utilities.............................................................................................? 183,000 Overtime.......................................................................................................................? 30,000 Court Costs................................................................................................................? 200,000 Inmate Release Funds..............................................................................................? 360,000 County Subsidy......................................................................................................? 4,283,640 Outside Health Service Purchases................................................................................................................? 341,000 Payments to Talmadge Memorial Hospital................................................................................................? 795,000 Central Repair Fund ................................................................................................? 450,000 Payments to Central State Hospital for Medical Services...................................................................................................................? 600,000 Authority Lease Rentals ..........................................................................................? 840,000 Capital Outlay...........................................................................................................? 581,000 Total Positions Budgeted 3,367 Passenger Carrying Motor Vehicles 367 Provided, that of the above appropriation relating to the Central Repair Fund, ?100,000 is designated and committed for repairs and maintenance on the State-owned staff housing units located at the various correctional institutions. It is the intent of this General Assembly that, with respect to the Legal Services Pro gram for inmates, lawyers, law students and/or employees be prohibited from soliciting for filing of writs. It is the intent of this General Assembly that the department not start any new commu nity center programs with Federal funds without the prior approval of the General Assem bly of Georgia. Provided, that of the above appropriation relating to Capital Outlay, ?300,000 is desig nated and committed to renovate the bathrooms at Georgia State Prison, ?200,000 is des- MONDAY, MARCH 6, 1978 2541 ignated and committed to renovate the dormitory heating systems at Georgia State Prison and $81,000 is designated and committed for an irrigation system at Georgia State Prison. B. Budget Unit: Board of Pardons and Paroles .......................................................................................................$ 2,762,886 Board of Pardons and Paroles Budget: Personal Services..............................................................,.....................................$ 2,422,935 Regular Operating Expenses --.......................................,..........................................$ 62,250 Travel..........................................................................................................................$ 137,200 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 9,551 Equipment Purchases...................................................................................................! 7,840 Computer Charges.............................................................................................................! -0- Real Estate Rentals....................................................................................................! 60,460 Telecommunications...................................................................................................! 51,450 Per Diem, Fees and Contracts...............................................................................$ 11,200 Total Funds Budgeted..........................................................................................! 2,762,886 State Funds Budgeted...........................................................................................! 2,762,886 Total Positions Budgeted 181 Budget Unit Object Classes: Personal Services....................................................................................................! 2,422,935 Regular Operating Expenses ....................................................----........................$ 62,250 Travel..........................................................................................................................! 137,200 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 9,551 Equipment Purchases...................................................................................................! 7,840 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 60,460 Telecommunications...................................................................................................$ 51,450 Per Diem, Fees and Contracts ............................................-.......--------..........$ 11,200 Total Positions Budgeted 181 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Georgia Correctional Industries ................................................................................................................$ -0- Georgia Correctional Industries Budget: Personal Services..........................................................................................-............$ 867,125 Regular Operating Expenses ...................................................................................$ 364,250 Travel...........................................................................................-................................$ 23,250 Motor Vehicle Equipment Purchases.....................................----.--------$ 38,250 Publications and Printing.................................--........---............................................$ 7,500 Equipment Purchases...................................-....--......................................... .--.......$ 782,000 Computer Charges........................--....-.----...........----------------------------$ -0Real Estate Rentals ..........................................................-----...---.--------..$ 17,750 Telecommunications...........................--.......-....--..................................... .................$ 25,500 Per Diem, Fees and Contracts.......................................................--....--.............$ 15,500 Cost of Sales........................................................--..--..............................---$ 3,562,200 Repayment of Prior Year's Appropriations..................................--.--..................................----..----..----$ 100,000 Capital Outlay.......................................----.-...------..--------.------$ 255,000 Total Funds Budgeted..............................................................-.--------$ 6,058,325 State Funds Budgeted..............................---..-----...--------.------...--$ -0- Total Positions Budgeted 56 Budget Unit Object Classes: Personal Services...............................------------------------------' 867,125 Regular Operating Expenses......................................------------------$ 364,250 2542 JOURNAL OF THE HOUSE, Travel.........................-.-.............................-.-..---------------------* 23.250 Motor Vehicle Equipment Purchases........................................................ ..--.........$ 38,250 Publications and Printing............................------------........--.------------.----$ 7,500 Equipment Purchases--..................--.--..............--..--.--............--...--------.----$ 782,000 Computer Charges...........................--..................--........................................... ...............$ -0- Real Estate Rentals................................................................................................--$ 17,750 Telecommunications.......................................................................................... .........$ 25,500 Per Diem, Fees and Contracts...........................................................................--....$ 15,500 Cost of Sales............................................................................................-....----.$3,562,200 Repayment of Prior Year's Appropriations...............................................................................................----$ 100,000 Capital Outlay...........................................................................................--........-$ 255,000 Total Positions Budgeted 56 Passenger Carrying Motor Vehicles 11 Section 36. Department of Public Safety. Budget Unit: Department of Public Safety..................................-.............-..-...............................----.....$ 28,723,046 1. Office of Highway Safety Budget: Personal Services.......................................................................................................$ 285,474 Regular Operating Expenses...............................................................-..----..........$ 12,864 Travel.................................................................................................................. .------$18,475 Motor Vehicle Equipment Purchases..............................................................--....----.$ -0- Publications and Printing............................................................................................$ 5,591 Equipment Purchases................................................................................................--$ 8,985 Computer Charges........................................................................................................I 1,198 Real Estate Rentals ....................................................................................................$ 28,140 Telecommunications...................................................................................................$ 11,167 Per Diem, Fees and Contracts..................................................................................$ 17,000 Postage.........................................................................................................................$ 3.90O Total Funds Budgeted .............................................................................................$ 392,794 State Funds Budgeted..................................................................................................$ -0- Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services..----..............................................................................................! 276,000 Regular Operating Expenses.....................................................................................$ 28,587 Travel..............................................................................................................................$5,090 Motor Vehicle Equipment Purchases............................................................................$ -0- Publications and Printing..........................................................................................! 15,500 Equipment Purchases...................................................................................................! 3,570 Computer Charges.--.........................................................................................................$ -0- Real Estate Rentals..........................................................................................................$ -0- Telecommunications...................................................................................................! 18,550 Per Diem, Fees and Contracts--.....................................................................................$ -0- Postage.......-.........----..................................................................................................$ 275 Total Funds Budgeted.............................................................................................$ 347,572 State Funds Budgeted..............................................................................................! 347,572 Total Positions Budgeted 13 3. Staff Support Budget: Personal Services....................................................................................................! 1,449,000 Regular Operating Expenses ...................................................................................$ 807,595 Travel............................................................................................................................$ 53,500 Motor Vehicle Equipment Purchases........--.----.----...----........................--$ -0Publications and Printing..........................................................................................! 73,200 Equipment Purchases.................................................................................................$ 15,000 Computer Charges..-.--.......--..................................----..................................$ 22,325 MONDAY, MARCH 6, 1978 2543 Real Estate Rentals........................................................................................................,,$ ,Q_ Telecommunications...................................................................................................5 54,000 Per Diem, Fees and Contracts ....................................................................................$ 6*370 Postage..................................--............................................................................$ 175,000 Total Funds Budgeted ..........................................................................................$ 2,655,990 State Funds Budgeted.................----.................................................................! 2,655,990 Total Positions Budgeted 103 4. Georgia State Patrol Budget: Personal Services..................................................................................................$ 19,354,442 Regular Operating Expenses ................................................................................$ 2,430,746 Travel..........................................................................................................................$ 113,400 Motor Vehicle Equipment Purchases........................................................................................................................$ -0- Publications and Printing.. .....................................................................................^ 714,000 Equipment Purchases...............................................................................................! 110,000 Computer Charges .................................................................................................$ 1,700,000 Real Estate Rentals ......................................................................................................$ 2,500 Telecommunications.................................................................................................! 405,000 Per Diem, Fees and Contracts..................................................................................! 20,000 Postage........................................................................................................................! 155,000 Conviction Reports...................................................................................................! 170,000 Capital Outlay ..........................................................................................................$ 75,000 Total Funds Budgeted ........................................................................................$ 25,250,088 Indirect DOAS Services Funding........................................................................! 1,600,000 State Funds Budgeted.........................................................................................! 23,418,088 Total Positions Budgeted 1,224 5. Georgia Peace Officers Standards and Training Budget: Personal Services.......................................................................................................! 400,150 Regular Operating Expenses ................................................................................$ 1,754,220 Travel............................................................................................................................! 25,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 22,246 Equipment Purchases...................................................................................................! 3,800 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 30,241 Telecommunications..........................................................--.....----.----...--.--.--...$ 12,760 Per Diem, Fees and Contracts........................................................-........................! 14,400 Postage.--.......-..........-....-....-...-.....-..-....-......-..-.--.-....-...---.--^ 2.7OO Total Funds Budgeted ..........................................................................................$ 2,266,117 State Funds Budgeted......................................................................-..................* 1,527,120 Total Positions Budgeted 24 6. Police Academy: Personal Services...............................................................................-.....-.....--..? 305,940 Regular Operating Expenses............................................................----..------! 103,290 Travel.................................................................-...------.-----------.------..-! 5,460 Motor Vehicle Equipment Purchases.................................................--------..----! -0Publications and Printing--.....----..--..--........--..--.--..............................----.......! 12,000 Equipment Purchases.--.------.........--.--.--------...................--..----.....! 21,000 Computer Charges........----.--------.........................................................................! -0Real Estate Rentals..............--....-----------.......................------------.----..$ -0Telecommunications.................--.------------------------------------------$ 8,100 Per Diem, Fees and Contracts----.......................................................................--! 17,000 Postage.......................................--...------------------.----.----.----.--.$ 1,575 Total Funds Budgeted.....................................................--.....----.--------.$ 474,365 2544 JOURNAL OF THE HOUSE, State Funds Budgeted...............................................................-............-.-.-.---! 389,865 Total Positions Budgeted 15 7. Fire Academy: Personal Services..........-..--............................----..----------........----........$ 164,198 Regular Operating Expenses...........--......................--.....................--......--.------$ 22,690 Travel........................-......------...........--..............------.............--.------.--$ 10,000 Motor Vehicle Equipment Purchases.....................................--.----------....--....--.I -0- Publications and Printing..........................................................................--...........--$ 2,500 Equipment Purchases.....----............--............----......................------......----$ 22,500 Computer Charges.........................--...........----...........----........................----..........$ -0- Real Estate Rentals.................................................................................................-$ 15,182 Telecommunications....................--............--.----.......----------...............------$ 4,950 Per Diem, Fees and Contracts----.....----------...............................----.......$ 86,000 Postage...............-...............................----.......--............----...... ............................$3,500 Total Funds Budgeted........................................................................... ..................$ 331,520 State Funds Budgeted----...------------.............----......--------------...$ 291,520 Total Positions Budgeted 10 8. Georgia Firefighter Standards and Training Council Budget: Personal Services.............----........----...----........--.............--..........................$ 71,726 Regular Operating Expenses..................................................................................--$ 2,465 Travel..............................................................................................................................$ 8,300 Motor Vehicle Equipment Purchases.........................................................--------$ 5,700 Publications and Printing............................................................................................$ 1,000 Equipment Purchases..............................................................................------.--$ 1,000 Computer Charges.......--............................................................ .....................................$ -0- Real Estate Rentals--...--.....----.............................-.......................--........----.$ -0- Telecommunications.....--.....--..----............................................--.............................$ 900 Per Diem, Fees and Contracts....----......----...........................................................$ 1,000 Postage............................................................................................................................$ 800 Total Funds Budgeted ...............................................................................................$ 92,891 State Funds Budgeted--..................................... ......................................................$ 92,891 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services..................................................................................................$ 22,306,930 Regular Operating Expenses ................................................................................$ 5,162,457 Travel..........................................................................................................................! 239,825 Motor Vehicle Equipment Purchases....................................................................................................................$ 5,700 Publications and Printing........................................................................................! 846,037 Equipment Purchases........--....................................................................................$ 185,855 Computer Charges....--.--.................................................................................$ 1,723,523 Real Estate Rentals ----............................................................................................$ 76,063 Telecommunications.................................................................................................$ 515,427 Per Diem, Fees and Contracts................................................................................! 161,770 Postage........................................................................................................................! 342,750 Conviction Reports...................................................................................................! 170,000 Capital Outlay.............................................................................................................! 75,000 Total Positions Budgeted 1,409 Passenger Carrying Motor Vehicles 894 Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the Inter national Association of Chiefs of Police (State and Provincial Police). MONDAY, MARCH 6, 1978 2545 Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. It is the intent of this General Assembly that with regard to the above appropriation for Regular Operating Expenses, $1,665,000 is provided for mandated peace officer training to include reimbursement only for tuition, room and board. Provided, further, that any excess of funds provided for this purpose may be used for advanced training for peace offi cers. Section 37. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System..............................................................................$ 10,388,180 Departmental Operations Budget: Payments to Employees' Retirement System ...............................................................................................$ 150,000 Employer Contributions................................................................................^ 10,238,180 Total Funds Budgeted ........................................................................................$ 10,388,180 State Funds Budgeted.........................................................................................$ 10,388,180 Budget Unit Object Classes: Payments to Employees' Retirement System ...............................................................................................$ 150,000 Employer Contributions.........................................................................-..........! 10,238,180 Section 38. Public Service Commission. Budget Unit: Public Service Commission .............................................................................................$ 2,575,966 1. Administration Budget: Personal Services.......................................................................................................$ 572,500 Regular Operating Expenses .....................................................................................$ 12,400 Travel..............................................................................................................................$ 9,100 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing............................................................................................! 1,250 Equipment Purchases...................................................................................................$ 1,100 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Telecommunications ...................................................................................................$ 23,100 Per Diem, Fees and Contracts ..................................................----..----...........$ 2,200 Total Funds Budgeted .............................................................................................$ 621,650 State Funds Budgeted.............................................................................................-! 621,650 Total Positions Budgeted 26 2. Transportation Budget: Personal Services...............................................................................--....................! 645,000 Regular Operating Expenses.......................................-.............................-..........! 102,000 Travel..............................................................................-...........-...............-...........! 28,500 Motor Vehicle Equipment Purchases..................................--........-..........--....--..........! -0- Publications and Printing......................................................................................--$ 5,500 Equipment Purchases..........................--..----.----................................................$ 31,100 Computer Charges...........................................--...--..................................------........$ -0- Real Estate Rentals ...................................................----..--...--------.-.-------$ 28,766 Telecommunications.................................................................................--.--.--.$ 16,800 Per Diem, Fees and Contracts ....................................----.--...---------------$ 1,500 Total Funds Budgeted................................................................................----......! 859,166 State Funds Budgeted.........................----...................-....--..............-.----.---$ 859,166 Total Positions Budgeted 43 2546 JOURNAL OF THE HOUSE, 3. Utilities Budget: Personal Services....................................................................................................-.$ 973,000 Regular Operating Expenses .....................................................................................$ 42,000 Travel.................................................................................................................-..--? 59,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing....................................................................-.........-....-..$ 4,800 Equipment Purchases.....................................................................................------$ 2,000 Computer Charges...................................................--.......................................--------! -0- Real Estate Rentals .........................................................................................------..$ 9,800 Telecommunications...................................................................................................? 32,000 Per Diem, Fees and Contracts...............................................................................* 50,000 Total Funds Budgeted ..........................................................................................$ 1,172,600 State Funds Budgeted...........................................................................................? 1,095,150 Total Positions Budgeted 58 Budget Unit Object Classes: Personal Services....................................................................................................? 2,190,500 Regular Operating Expenses ...................................................................................$ 156,400 Travel......................................................................................................................--.? 96,600 Motor Vehicle Equipment Purchases............................................................................? -0- Publications and Printing..........................................................................................? 11,550 Equipment Purchases.................................................................................................? 34,200 Computer Charges.............................................................................................................? -0- Real Estate Rentals....................................................................................................? 38,566 Telecommunications...................................................................................................? 71,900 Per Diem, Fees and Contracts..................................................................................? 53,700 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 26 Provided, that of the above appropriation to the Utilities Budget, an amount not to exceed $175,000 is designated and committed for funding one Utilities Financial Specialist at pay grade 21, two Analyst IPs at pay grade 19, three Analyst I's at pay grade 17 and one Engineer II at pay grade 19 to conduct a continuing and ongoing audit on any fuel adjustment tariff of an electric utility company or purchase gas adjustment of a gas com pany and to perform other duties at the discretion of the Public Service Commission. Section 39. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions.............................................................................$ 326,774,856 1. Resident Instruction Budget: Personal Services................................................................................................! 290,021,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals...................................................................................................$ 94,558,544 Teachers' Retirement..........................................................................................$ 24,300,000 Capital Outlay..........................................................................................._............$ 2,000,000 Authority Lease Rentals --.--.....................................................................$ 22,449,988 Total Funds Budgeted ...................................................ZZZZZZZZ...? 433,330,472 Indirect DOAS Services Funding ........................................................................$ 3,027,300 State Funds Budgeted.......................................................................................$ 283,740,172 Total Positions Budgeted 16,275 MONDAY, MARCH 6, 1978 2547 Provided, that from appropriated funds in A, the amount of $22,449,988 in F.Y. 1979 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided, none of the funds herein appropriated for construction shall be available for the purchase of any books whatsoever. Provided, that the State Board of Regents shall, within the first 30 days of the fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in the Fiscal Year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution. The Board of Regents shall immediately report the same to the State Budget authorities for approval, whose approval shall be evidenced in writing. Provided, that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata cost of any employer contribution applicable to such salary to the Teachers' Retirement Sys tem. No funds realized by the State Board of Regents of the University System or any college or university, from the State General fund, from the Federal Government, or from any other source, shall be available for use or expenditure for educational and general or plant purposes until made available by written approval of the Office of Planning and Budget, in accordance with the provisions of the Budget Act, as amended. Provided, further, that unanticipated revenue from contract and grant overhead shall be available for use by the University System providing the amount so used does not exceed $2,000,000 more than the original budget estimate, unless prior approval is granted by the Fiscal Affairs Subcommittees of the Senate and House of Representatives. Provided, that revenue from student fees which exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, further, that revenue from sales and services shall be classified as restricted funds and shall be available for use by the unit of the University System generating such income. Provided, that from the above appropriated amount for Capital Outlay, $2,000,000 is specifically appropriated for renovations and improvements of physical plant facilities. Provided, further, it is the intent of this General Assembly that the 1 '/a % Personal Ser vices continuation factor incorporated into the Resident Instruction appropriation in this appropriations Act be utilized as necessary to establish a merit type salary schedule or schedules for nonacademic personnel, such schedule or schedules to reflect at least seven steps per grade and at least 4% increase between each step. 2. Marine Resources Extension Center Budget: Personal Services...............................---.....---------------------------------------' 304,584 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals................................................-----"------------------* 195,716 Total Funds Budgeted .....................-..---------..---------------------* 500,300 Indirect DOAS Services Funding..................-..--..............................-...--------I 9,800 State Funds Budgeted................-.-.----...-.-..----....----------------$443,500 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services............................---....-...-.-"--""---"-""""""""-""""-* 1 '022'671 Regular Operating Expenses, Travel, Motor Vehicle 2548 JOURNAL OF THE HOUSE, Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ................................................................................................$ 1,113,182 Total Funds Budgeted ..........................................................................................$ 2,135,853 State Funds Budgeted..............................................................................................$ 639,500 Total Positions Budgeted 32 4. Marine Institute Budget: Personal Services......................................................................................................-* 228,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals..............................................................................................-.....$ 126,644 Total Funds Budgeted .............................................................................................$ 355,584 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted..............................................................................................* 355,584 Total Positions Budgeted 11 5. Engineering Experiment Station Budget: Personal Services..................................................................................................* 12,706,662 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ................................................................................................$ 4,413,306 Total Funds Budgeted ........................................................................................$ 17,119,968 Indirect DOAS Services Funding ...........................................................................$ 117,600 State Funds Budgeted...........................................................................................! 2,671,500 Total Positions Budgeted 294 6. Engineering Extension Division Budget: Personal Services.......................................................................................................! 658,203 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................................................$ 377,757 Total Funds Budgeted ..........................................................................................$ 1,035,960 Indirect DOAS Services Funding .............................................................................$ 12,200 State Funds Budgeted..............................................................................................$ 309,600 Total Positions Budgeted 44 7. Agricultural Experiment Stations Budget: Personal Services..................................................................................................$ 11,967,000 MONDAY, MARCH 6, 1978 2549 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals ................................................................................................$ 5,298,900 Total Funds Budgeted ........................................................................................$ 17,265,900 Indirect DOAS Services Funding.............................................................................$ 95,900 State Funds Budgeted.........................................................................................$ 11,229,000 Total Positions Budgeted 808 Provided, that of the above appropriation for the Agricultural Experiment Stations, $100,000 is for additional funding for technicians and laborers. 8. Cooperative Extension Service Budget: Personal Services..................................................................................................! 16,475,132 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals.....................................................................................................$ 2,336,068 Capital Outlay ..........................................................................................................$ 60,000 Total Funds Budgeted ........................................................................................$ 18,871,200 Indirect DOAS Services Funding ...........................................................................$ 126,700 State Funds Budgeted.......................................................................................$ 10,664,500 Total Positions Budgeted 956 Provided, that of the above appropriation for the Cooperative Extension Service, $200,000 is for the purpose of filling currently frozen County Agricultural Agent positions and for one new Floriculturist position at Tifton. Provided, that of the above appropriation relative to Capital Outlay, $60,000 is desig nated and committed for improvements at Rock Eagle 4-H Center. 9. Talmadge Memorial Hospital Budget: Personal Services.........................................................................--.------* 26,031,695 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals.......................................................-.-..---.------$13,999,279 Total Funds Budgeted .......................................-..----------------* 40,030,974 Indirect DOAS Services Funding.........-.----..-...-.------------------* 193,500 State Funds Budgeted................--------------------................------..--$ 15,886,400 Total Positions Budgeted 2 - 555 10. Veterinary Medicine Experiment Station Budget: Personal Services.....................------------.........------------------------$499,528 2550 JOURNAL OF THE HOUSE, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals....................................................................-...........-....-.--.--* 335,572 Total Funds Budgeted ........................................-......................--...----.--$ 835,100 State Funds Budgeted....................................................-.-.....-.----.--------$835,100 Total Positions Budgeted 31 Budget Unit Object Classes: Personal Services..............................................................----...........................$359,916,355 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals.................................................................................................! 122,754,968 Teachers'Retirement ..........................................................................................$ 24,300,000 Capital Outlay .....................................................................-....................--....-.$ 2,060,000 Authority Lease Rentals .....................................................................................$ 22,449,988 Total Positions Budgeted 21,030 B. Budget Unit: Regents Central Office ........................................................$ 12,627,287 1. Regents Central Office Budget: Personal Services....................................................................................................$ 1,896,089 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals ..............................................................................................$ 413,748 SREBPaymento.....................................................................................................$ 2,309,000 Medical Scholarships................................................................................................! 400,000 Regents Scholarships................................................................................................! 200,000 Grants to Junior Colleges.....................................................................................! 5,281,450 Special Desegregation Programs.............................................................................! 250,000 Satellite Medical Facility Program..................................................................................................................! 500,000 Office of Minority Business Enterprise...........................................................................................$ 100,000 Total Funds Budgeted ........................................................................................$ 11,350,287 State Funds Budgeted............................................................................,............! 11,350,287 Total Positions Budgeted 98 2. Family Practice Residency Program Budget: Personal Services.........................................................................................................! 74,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, MONDAY, MARCH 6, 1978 2551 Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals ....................................................................................,,..........$ 87,500 Capitation Contracts for Family Practice Residency ..................................................................................$ 875,000 New Program Development Contracts for Family Practice Residency ........................................................................$ 240,000 Total Funds Budgeted ..........................................................................................$ 1,277,000 State Funds Budgeted...........................................................................................! 1,277,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services....................................................................................................$ 1,970,589 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals........................................................................................................? 501,248 SREB Payments.....................................................................................................? 2,309,000 Medical Scholarships................................................................................................! 400,000 Regents Scholarships................................................................................................? 200,000 Grants to Junior Colleges.....................................................................................? 5,281,450 Special Desegregation Programs.............................................................................? 250,000 Satellite Medical Facility Program..................................................................................................................? 500,000 Office of Minority Business Enterprise ..............................................................................................$ 100,000 Capitation Contracts for Family Practice Residency..................................................................................? 875,000 New Program Development Contracts for Family Practice Residency............................................................................? 240,000 Total Positions Budgeted 101 Passenger Carrying Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, pay ments are to be based on a rate of ?675 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. Provided, that of the above appropriation relative to SREB payments, the one million dollar appropriation for the School of Medicine at Morehouse College shall be made avail able to the School of Medicine on or after July 1, 1978, provided that the School of Medi cine receives provisional accreditation as a two-year program in basic medical sciences. Section 40. Department of Revenue. Budget Unit: Department of Revenue ..........................................................$ 23,945,737 1. Executive Administration Budget: Personal Services.......................................................................................................? 698,000 County Tax Officials/Retirement and FICA................................................................................................................? 515,000 Regular Operating Expenses...................................................................................? 136,000 Travel............................................................................................................................? 10,000 Motor Vehicle Equipment Purchases........................................................................? 5,000 Publications and Printing........................................................................................? 190,000 Equipment Purchases...................................................................................................? 9,148 Computer Charges........................................................................................................? 7,500 2552 JOURNAL OF THE HOUSE, Real Estate Rentals ......................................................................................................$ 8,300 Telecommunications ...................................................................................................$ 25,000 Per Diem, Fees and Contracts ....................................................................................$ 6,000 Postage ............................................................................................................................$ 200 Total Funds Budgeted ..........................................................................................$ 1,610,148 State Funds Budgeted...........................................................................................! 1,610,148 Total Positions Budgeted 39 2. Motor Vehicle Administration Budget: Personal Services....................................................................................................! 3,417,463 Regular Operating Expenses ...................................................................................$ 201,950 Travel..............................................................................................................................$ 4,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing........................................................................................! 188,500 Equipment Purchases.................................................................................................! 56,645 Computer Charges .................................................................................................$ 1,288,537 Real Estate Rentals ....................................................................................................$ 20,000 Telecommunications...................................................................................................! 67,500 Per Diem, Fees and Contracts........................................................................................! -0- Motor Vehicle Tag Purchases..............................................................................! 1,964,000 Motor Vehicle Decal Purchases..............................................................................! 340,000 Postage....................................................................................................................$ 865,000 Total Funds Budgeted ..........................................................................................$ 8,413,595 Indirect DOAS Services Funding........................................................................! 1,000,000 State Funds Budgeted...........................................................................................! 7,413,595 Total Positions Budgeted 305 Provided, that of the above appropriated amount relating to motor vehicle tag pur chases, $1,964,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 3,700,000 motor vehicle tags, and for this purpose only. Any such contract may provide for partial, advance payment from the Department of Revenue to Georgia Correctional Industries during tag production, but in no case shall the total amount paid for such tags exceed the amount herein appropriated, provided the advances made are for services to be rendered within the same fiscal year. 3. Property Tax Budget: Personal Services.......................................................................................................! 844,000 Regular Operating Expenses .....................................................................................$ 30,160 Travel............................................................................................................................! 53,000 Motor Vehicle Equipment Purchases......................................................................! 10,000 Publications and Printing..........................................................................................! 56,000 Equipment Purchases...................................................................................................! 4,000 Computer Charges ....................................................................................................$ 435,800 Real Estate Rentals..........................................................................................................! -0Telecommunications...................................................................................................$ 20,000 Per Diem, Fees and Contracts..................................................................................! 46,000 Loans to Counties/Property Reevaluation...................................................................................................................! -0Grants to Counties/Appraisal Staff......................................................................................................................! 1,450,000 Intangible Tax Equalization Fund.........................................................................................................! -0Postage ......................................................................................................................$ 10,000 Total Funds Budgeted ..........................................................................................$ 2,958,960 Repayment of Loans to Counties/Property Revaluation...................................................................................! -0Indirect DOAS Services Funding...........................................................................! 400,000 MONDAY, MARCH 6, 1978 2553 State Funds Budgeted...........................................................................................$ 2,558,960 Total Positions Budgeted 58 Provided, that of the above appropriation, no funds are designated and committed for the cost of the Intangible Tax Equalization Fund provided for in an Act approved April 17, 1973 (Ga. Laws 1973, p. 924), to be administered by the State Revenue Commissioner as provided therein. 4. Sales Taxation Budget: Personal Services.......................................................................................................$ 950,989 Regular Operating Expenses .....................................................................................I 33,390 Travel..............................................................................................................................$ 3,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 56,500 Equipment Purchases......................................................................................................! 750 Computer Charges....................................................................................................! 422,825 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 22,400 Per Diem, Fees and Contracts........................................................................................! -0- Postage ......................................................................................................................$ 65,000 Total Funds Budgeted ..........................................................................................$ 1,554,854 Indirect DOAS Services Funding...........................................................................! 400,000 State Funds Budgeted...........................................................................................! 1,154,854 Total Positions Budgeted 79 5. Motor Fuel Taxation Budget: Personal Services.......................................................................................................! 424,350 Regular Operating Expenses .......................................................................................$ 6,250 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 28,000 Equipment Purchases...................................................................................................! 1,995 Computer Charges ....................................................................................................$ 192,500 Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 12,400 Per Diem, Fees and Contracts........................................................................................! -0- Postage ..............................................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 667,995 Indirect DOAS Services Funding...........................................................................! 155,000 State Funds Budgeted..............................................................................................! 512,995 Total Positions Budgeted 35 6. Income Taxation Budget: Personal Services....................................................................................................! 1,514,000 Regular Operating Expenses ...................................................................................$ 104,700 Travel..............................................................................................................................! 2,700 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 230,000 Equipment Purchases...................................................................................................! 5,475 Computer Charges.................................................................................................! 1,370,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................;.............! 36,500 Per Diem, Fees and Contracts........................................................................................! -0- Postage....................................................................................................................$ 150,000 Total Funds Budgeted ..........................................................................................$ 3,413,375 Indirect DOAS Services Funding........................................................................! 1,200,000 State Funds Budgeted...........................................................................................! 2,213,375 Total Positions Budgeted 115 2554 JOURNAL OF THE HOUSE, 7. Alcohol and Tobacco Taxation Budget: Personal Services....................................................................................................! 1,784,003 Regular Operating Expenses ...................................................................................$ 184,920 Travel............................................................................................................................$ 40,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 12,000 Equipment Purchases...................................................................................................$ 2,790 Computer Charges ......................................................................................................$ 75,300 Real Estate Rentals ......................................................................................................$ 2,500 Telecommunications...................................................................................................! 40,000 Per Diem, Fees and Contracts....................................................................................! 5,000 Postage.........................................................................................................................$ 2,300 Total Funds Budgeted ..........................................................................................$ 2,148,813 Indirect DOAS Services Funding...................................................................................! -0- State Funds Budgeted...........................................................................................! 2,148,813 Total Positions Budgeted 112 8. Reciprocities and Research Budget: Personal Services.......................................................................................................! 133,661 Regular Operating Expenses .....................................................................................$ 23,220 Travel..............................................................................................................................! 2,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 3,000 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 3,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage ..............................................................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 165,381 State Funds Budgeted..............................................................................................! 165,381 Total Positions Budgeted 7 9. Central Audit Budget: Personal Services....................................................................................................! 1,544,000 Regular Operating Expenses .....................................................,,..............................$ 13,380 Travel..........................................................................................................................! 305,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges ........................................................................................................$ 4,000 Real Estate Rentals......................................................................................................! 8,500 Telecommunications...................................................................................................! 15,000 Per Diem, Fees and Contracts........................................................................................! -0- Postage ............................................................................................................................$ 800 Total Funds Budgeted ..........................................................................................$ 1,899,680 State Funds Budgeted...........................................................................................! 1,899,680 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services....................................................................................................! 3,587,000 Regular Operating Expenses .....................................................................................$ 61,900 Travel..........................................................................................................................! 237,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 10,000 Equipment Purchases................................... .........................................................$ 9,050 Computer Charges........................................ .....................................................$ 101,000 MONDAY, MARCH 6, 1978 2555 Real Estate Rentals ..................................................................................................I 120,186 Telecommunications.................................................................................................! 100,000 Per Diem, Fees and Contracts....................................................................................$ 7,100 Postage ......................................................................................................................$ 34,700 Total Funds Budgeted ..........................................................................................$ 4,267,936 State Funds Budgeted...........................................................................................! 4,267,936 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services..................................................................................................! 14,897,466 County Tax Officials/Retirement and FICA................................................................................................................$ 515,000 Regular Operating Expenses ...................................................................................$ 795,870 Travel..........................................................................................................................$ 659,700 Motor Vehicle Equipment Purchases..................................................................................................................! 15,000 Publications and Printing........................................................................................! 782,000 Equipment Purchases.................................................................................................! 90,853 Computer Charges.................................................................................................! 3,897,462 Real Estate Rentals..................................................................................................! 159,486 Telecommunications.................................................................................................! 341,800 Per Diem, Fees and Contracts..................................................................................! 64,100 Loans to Counties/Property Reevaluation...........................................................................,.......................................! -0- Grants to Counties/Appraisal Staff......................................................................................................................! 1,450,000 Motor Vehicle Tag Purchases..............................................................................! 1,964,000 Motor Vehicle Decal Purchases..............................................................................! 340,000 Intangible Tax Equalization Fund.................................................................................! -0- Postage.....................................................................................................................! 1,128,000 Total Positions Budgeted 1,083 Passenger Carrying Motor Vehicles 111 Section 41. Secretary of State. Budget Unit: Secretary of State .......................................................................$ 9,002,805 1. Occupational Certification Budget: Personal Services....................................................................................................! 1,959,378 Regular Operating Expenses ...................................................................................$ 833,962 Travel............................................................................................................................! 98,220 Motor Vehicle Equipment Purchases......................................................................! 41,700 Publications and Printing........................................................................................! 156,196 Equipment Purchases.................................................................................................! 38,128 Computer Charges......................................................................................................! 20,000 Real Estate Rentals....................................................................................................! 43,150 Telecommunications...................................................................................................! 70,000 Per Diem, Fees and Contracts ............................................................................$ 386,851 Total Funds Budgeted..........................................................................................! 3,647,585 State Funds Budgeted...........................................................................................! 3,569,743 Total Positions Budgeted 150 Occupational Certification Functional Budgets Accounting Architect State Funds ! 143,512 $ 33,664 Cost of Operations Pos. $ 247,927 2 ! 47,575 1 2556 JOURNAL OF THE HOUSE, Athletic Trainers Auctioneers Barbers Chiropractic Cosmetology Dentistry Electrical Contractor Engineers Forestry Funeral Service Geology Hearing Aid Landscape Architect Librarians Marriage and Family Counselors Medical Examiners Nursing Home Administrators Board of Nursing Dispensing Opticians Optometry Occupational Therapy Pest Control Pharmacy Physical Therapy Plumbing Contractors Podiatry Polygraph Examiners Practical Nursing Private Detective Psychologists Real Estate Recreation Sanitarian Speech Pathology $ 1,500 $ 5,700 > 88,647 $ 5,330 209,375 102,100 > 77,444 199,268 $ 5,480 i 56,245 5 12,750 $ 3,750 $ 5,950 $ 100 $ 8,475 336,728 > 21,598 208,000 $ 5,080 $ 9,077 $ 4,860 > 21,462 > 71,752 i 16,550 > 26,319 $ 2,950 $ 2,520 > 94,932 i 93,465 $ 6,788 657,065 $ 3,130 $ 1,880 $ 3,660 $ 1,950 0 $ 7,536 0 $ 119,807 6 $ 7,384 0 $ 262,736 13 $ 161,040 3 $ 98,290 3 $ 278,836 6 $ 15,685 0 $ 72,395 3 $ 19,978 0 $ 10,944 0 $ 7,124 0 $ 5,574 0 $ 11,485 0 $ 507,278 11 $ 32,424 1 $ 379,246 12 $ 8,090 0 $ 12,565 0 $ 6,218 0 $ 29,940 1 $ 210,000 3 $ 20,952 0 $ 39,861 1 $ 4,049 0 $ 3,770 0 $ 136,700 3 $ 120,809 7 $ 16,037 0 $ 718,297 26 $ 4,010 0 $ 8,119 0 $ 16,321 0 MONDAY, MARCH 6, 1978 2557 Used Car Dealers Used Car Parts Veterinary Warm Air and Heating Contractors Wastewater Well Water Administration Investigative Total $ 38,614 $ 7,300 $ 15,067 $ 20,315 $ 21,711 $ 2,500 $ 540,488 $ 376,642 $ 3,569,743 $ 52,818 2 $ 10,604 0 $ 27,033 0 $ 24,499 0 $ 26,298 0 $ 3,250 0 $ 25 $ 21 $ 3,795,454 150 2. Securities Regulation Budget: Personal Services.......................................................................................................! 292,500 Regular Operating Expenses .....................................................................................$ 15,180 Travel..............................................................................................................................! 6,500 Motor Vehicle Equipment Purchases........................................................................! 5,000 Publications and Printing............................................................................................! 2,500 Equipment Purchases...................................................................................................! 2,500 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications.....................................................................................................! 6,000 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 330,180 State Funds Budgeted..............................................................................................! 324,625 Total Positions Budgeted 16 3. Corporations Regulation Budget: Personal Services.......................................................................................................! 317,000 Regular Operating Expenses .....................................................................................$ 42,695 Travel..............................................................................................................................! 1,500 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 6,000 Equipment Purchases.................................................................................................! 12,400 Computer Charges......................................................................................................! 30,000 Real Estate Rentals ....................................................................................................$ 38,600 Telecommunications.....................................................................................................! 9,500 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 457,695 State Funds Budgeted..............................................................................................! 457,695 Total Positions Budgeted 27 4. Drugs and Narcotics Budget: Personal Services.......................................................................................................! 306,800 Regular Operating Expenses .....................................................................................$ 30,000 Travel............................................................................................................................! 21,850 Motor Vehicle Equipment Purchases........................................................................! 8,600 Publications and Printing...............................................................................................! 300 Equipment Purchases...................................................................................................! 9,825 Computer Charges.............................................................................................................! -0Real Estate Rentals..........................................................................................................! -0Telecommunications.....................................................................................................! 4,800 Per Diem, Fees and Contracts.......................................................................................$ -0- 2558 JOURNAL OF THE HOUSE, Total Funds Budgeted .............................................................................................$ 382,175 State Funds Budgeted..............................................................................................! 382,175 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services....................................................................................................$ 1,122,913 Regular Operating Expenses ...................................................................................$ 126,210 Travel............................................................................................................................$ 28,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 17,100 Equipment Purchases.................................................................................................! 60,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 28,800 Telecommunications...................................................................................................! 32,800 Per Diem, Fees and Contracts....................................................................................! 3,900 Authority Lease Rentals...................................................................................$ 1,000,000 Total Funds Budgeted ..........................................................................................$ 2,419,723 State Funds Budgeted...........................................................................................! 2,419,723 Total Positions Budgeted 81 6. General Services Budget: Personal Services.......................................................................................................! 524,000 Regular Operating Expenses .....................................................................................$ 59,415 Travel..............................................................................................................................! 1,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing........................................................................................! 132,000 Equipment Purchases...................................................................................................! 5,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications...................................................................................................! 16,500 Per Diem, Fees and Contracts...............................................................................$ 16,500 Total Funds Budgeted .............................................................................................$ 755,315 State Funds Budgeted..............................................................................................! 755,315 Total Positions Budgeted 37 7. Internal Administration Budget: Personal Services.......................................................................................................! 491,000 Regular Operating Expenses ...................................................................................$ 106,230 Travel..............................................................................................................................! 9,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 80,000 Equipment Purchases...................................................................................................! 3,000 Computer Charges ...........................................................................................................$ 250 Real Estate Rentals......................................................................................................! 3,600 Telecommunications...................................................................................................! 10,500 Per Diem, Fees and Contracts .................................................................................$ 1,000 Total Funds Budgeted.............................................................................................! 704,580 State Funds Budgeted..............................................................................................! 704,580 Total Positions Budgeted 30 8. Bicentennial Commission Budget: Personal Services.........................................................................................................! 40,951 Regular Operating Expenses.....................................................................................! 28,750 Travel..............................................................................................................................! 2,550 Motor Vehicle Equipment Purchases ............................................................................$ -0Publications and Printing............................................................................................! 2,000 Equipment Purchases.......................................................................................................! -0Computer Charges.............................................................................................................! -0Real Estate Rentals......................................................................................................! 2,820 MONDAY, MARCH 6, 1978 2559 Telecommunications..................................................................,..................................$ 1,250 Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted ...............................................................................................$ 78,321 State Funds Budgeted................................................................................................! 78,321 Total Positions Budgeted 2 9. State Campaign and Financial Disclosure Commission Budget: Personal Services.........................................................................................................! 81,328 Regular Operating Expenses .....................................................................................$ 13,060 Travel..............................................................................................................................$ 9,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 14,324 Equipment Purchases...................................................................................................! 1,211 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 4,985 Telecommunications.....................................................................................................! 4,180 Per Diem, Fees and Contracts...............................................................................$ 12,100 Total Funds Budgeted.............................................................................................! 140,188 State Funds Budgeted..............................................................................................! 140,188 Total Positions Budgeted 4 10. Elections and Campaign Disclosure Budget: Personal Services.......................................................................................................! 140,500 Regular Operating Expenses .....................................................................................$ 13,840 Travel..............................................................................................................................! 1,600 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 8,000 Equipment Purchases...................................................................................................! 1,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications .....................................................................................................$ 3,500 Per Diem, Fees and Contracts .................................................................................$ 2,000 Total Funds Budgeted.............................................................................................! 170,440 State Funds Budgeted..............................................................................................! 170,440 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services....................................................................................................! 5,276,370 Regular Operating Expenses ................................................................................$ 1,269,342 Travel...................................................................................................................-..-...! 180,120 Motor Vehicle Equipment Purchases......................................................................! 55,300 Publications and Printing........................................................................................! 418,420 Equipment Purchases...............................................................................................! 133,064 Computer Charges.....................................................................................................-! 50,250 Real Estate Rentals..................................................................................................! 121,955 Telecommunications.................................................................................................! 159,030 Per Diem, Fees and Contracts................................................................................! 422,351 Authority Lease Rentals .......................................................................................$ 1,000,000 Total Positions Budgeted 371 Passenger Carrying Motor Vehicles 56 Section 42. State Scholarship Commission. Budget Unit: State Scholarship Commission...........................................................................................$ 13,690,280 1. Internal Administration Activity Budget: Personal Services.............................................................------...--...........................$ 866,307 2560 JOURNAL OF THE HOUSE, Regular Operating Expenses .....................................................................................$ 75,901 Travel............................................................................................................................$ 24,900 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 13,400 Equipment Purchases.................................................................................................! 10,242 Computer Charges......................................................................................................! 99,130 Real Estate Rentals....................................................................................................! 67,192 Telecommunications...................................................................................................! 25,200 Per Diem, Fees and Contracts...............................................................................$ 63,315 Total Funds Budgeted ..........................................................................................$ 1,245,587 State Funds Budgeted......................................................................................................! -0- Total Positions Budgeted 60 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees.............................................................................$ 406,000 Total Funds Budgeted.............................................................................................! 406,000 State Funds Budgeted..............................................................................................! 338,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans......................................................................................! 3,105,000 Tuition Equalization Grants................................................................................! 8,368,400 State Student Incentive Scholarships........................................................................................................! 3,175,374 North Georgia College ROTC Grants .......................................................................................................$ 60,000 Total Funds Budgeted ........................................................................................$ 14,708,774 State Funds Budgeted.........................................................................................! 13,312,280 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships....................................................................................$ 40,000 Total Funds Budgeted...............................................................................................! 40,000 State Funds Budgeted................................................................................................! 40,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services.......................................................................................................! 866,307 Regular Operating Expenses .....................................................................................$ 75,901 Travel............................................................................................................................! 24,900 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 13,400 Equipment Purchases.................................................................................................! 10,242 Computer Charges......................................................................................................! 99,130 Real Estate Rentals....................................................................................................! 67,192 Telecommunications...................................................................................................! 25,200 Per Diem, Fees and Contracts..................................................................................! 63,315 Payment of Interest and Fees.................................................................................! 406,000 Direct Guaranteed Loans......................................................................................! 3,105,000 Tuition Equalization Grants................................................................................! 8,368,400 State Student Incentive Scholarships........................................................................................................! 3,175,374 Law Enforcement Personnel Dependents Scholarships.......................................................................................! 40,000 MONDAY, MARCH 6, 1978 2561 North Georgia College ROTC Grants...........................................................................................................! 60,000 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 1 Provided, that of the above appropriated amount relative to Direct Guaranteed Loans an amount not to exceed $12,000 is designated and committed for the purpose of providing stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of direct guaranteed cancellable loans to students. Provided, that the above appropriated amount relative to Direct Guaranteed Loans shall otherwise be used to provide guaranteed loans to students as provided for in Georgia Laws 1969, p. 683, as amended. Provided further, however, that of said appropriated amount, the amounts designated below shall to the greatest extent possible be used to provide cancellable loans to students as designated below pursuant to provisions relative to cancellable loans set forth in Georgia Laws 1969, p. 683, as amended, and Georgia Laws 1965, p. 210, as amended, to wit: (a) an amount not less than $1,435,000 is designated and committed for the purpose of providing cancellable loans to students in critical paramedical, professional and educational fields of study approved for this purpose by the State Scholarship Commission pursuant to Georgia Laws 1965, p. 210, as amended; (b) an amount not to exceed $100,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard as provided for in Georgia Laws 1977, p. 739, as amended; (c) an amount not to exceed $360,000 is designated and committed for the purpose of providing cancellable loans to classroom teachers seeking special education training; (d) an amount not to exceed $20,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers; and (e) an amount not to exceed $500,000 is des ignated and committed for the purpose of providing cancellable loans to economically disadvantaged students as provided for in House Bill 1463 enacted at the 1978 Session of the General Assembly of Georgia. Provided, that from the above appropriated amount relative to the Payment of Interest and Fees, such funds as may be necessary shall be used to pay an interest subsidy dis count of 1.5% to lenders, other than educational institution lenders, on loans guaranteed by the Georgia Higher Education Assistance Corporation dispersed during fiscal year 1978-1979. Provided, that from any of the above appropriated amounts any available funds may be utilized by the Georgia Higher Education Assistance Corporation for the purpose of paying interest and special allowance payments to lenders within thirty days after the end of each calendar quarter. Provided that, the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $600 per academic year to undergraduate students attending private colleges as provided in Georgia Laws 1971, p. 906, as amended, and con templates continuation of payment of the grant during the 1979 summer school term. Provided, that the above appropriated amount relative to Student Incentive Scholar ships is designated and committed solely for the purpose of providing needs-based scholar ships to undergraduate students as provided by applicable State and Federal law, provided, however, that Georgia veteran students otherwise eligible and qualifying to receive a Student Incentive Scholarship shall have priority and be eligible to receive a scholarship without regard to their undergraduate academic level or classification but such priority for veterans shall only apply to $230,000 of the funds appropriated for Student Incentive Scholarships. Provided, further, that until the Student Incentive Scholarship Program is adequately funded to assist eligible students at all undergraduate levels of study, scholarships shall not be awarded to students for summer term study in institutions of higher education, nor to students for summer period study in other post-secondary edu cational institutions unless summer period study is part of the typical academic year of such institution. Provided, that of the above appropriated amount relative to Law Enforcement Personnel Dependents Scholarships $40,000 is designated and committed solely for the purpose of 2562 JOURNAL OF THE HOUSE, providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law. Section 43. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee ..........................................................................$ 599,284 1. Soil and Water Conservation Central Office Budget: Personal Services.......................................................................................................! 241,423 Regular Operating Expenses .....................................................................................$ 27,279 Travel............................................................................................................................! 29,900 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................! 14,200 Equipment Purchases...................................................................................................! 8,234 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 14,336 Telecommunications.....................................................................................................! 7,800 Per Diem, Fees and Contracts ............................................................................$ 116,286 Total Funds Budgeted .............................................................................................$ 459,458 State Funds Budgeted..............................................................................................! 459,458 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services.........................................................................................................! 80,613 Regular Operating Expenses.....................................................................................! 11,200 Travel..............................................................................................................................! 6,000 Motor Vehicle Equipment Purchases........................................................................! 9,000 Publications and Printing................................................................................................! -0- Equipment Purchases...................................................................................................! 7,213 Computer Charges.............................................................................................................! -0- Real Estate Rentals ......................................................................................................$ 3,500 Telecommunications.....................................................................................................! 1,500 Per Diem, Fees and Contracts...............................................................................$ 20,000 Total Funds Budgeted .............................................................................................$ 139,826 State Funds Budgeted..............................................................................................! 139,826 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services.......................................................................................................! 322,036 Regular Operating Expenses .....................................................................................$ 38,479 Travel............................................................................................................................! 36,700 Motor Vehicle Equipment Purchases........................................................................! 9,000 Publications and Printing.......................................................................................:..! 14,200 Equipment Purchases.................................................................................................! 15,447 Computer Charges.............................................................................................................! -0- Real Estate Rentals ....................................................................................................$ 17,836 Telecommunications.....................................................................................................! 9,300 Per Diem, Fees and Contracts................................................................................! 136,286 Total Positions Budgeted 17 Passenger Carrying Motor Vehicles 2 Section 44. Teachers' Retirement System. Budget Unit: Teachers' Retirement System......................................................................................................$ 4,477,700 Departmental Operations Budget: Personal Services......................................................................................-.....-..........! 951,923 MONDAY, MARCH 6, 1978 2563 Regular Operating Expenses .....................................................................................$ 78,470 Travel............................................................................................................................$ 22,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................$ 24,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges ....................................................................................................$ 315,000 Telecommunications...................................................................................................! 27,000 Per Diem, Fees and Contracts..................................................................................! 89,100 Floor Fund for Local Retirement Systems..............................................................................................! 760,000 Employer Contributions ...................................................................................$ 3,717,700 Total Funds Budgeted ..........................................................................................$ 5,997,193 State Funds Budgeted...........................................................................................! 4,477,700 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services.......................................................................................................! 951,923 Regular Operating Expenses .....................................................................................$ 78,470 Travel............................................................................................................................! 22,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing..........................................................................................! 24,000 Equipment Purchases.................................................................................................! 12,000 Computer Charges....................................................................................................! 315,000 Telecommunications...................................................................................................! 27,000 Per Diem, Fees and Contracts..................................................................................! 89,100 Floor Fund for Local Retirement Systems..............................................................................................! 760,000 Employer Contributions........................................................................................! 3,717,700 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 0 It is the intent of the General Assembly that from funds available the Teachers' Retire ment System is authorized to implement H. B. 15 of the 1975 Regular Session of the Georgia General Assembly. Section 45. Department of Transportation. Budget Unit: Department of Transportation.-......-.-...........................-............-...-......-.....^ 291,647,089 1. Planning and Construction Budget: Personal Services.........................................................................................-........! 56,152,750 Regular Operating Expenses ................................................................................$ 3,343,437 Travel...................................................................................................-........-.........! 1,201,047 Motor Vehicle Equipment Purchases........................................................................................----.....------.....----$ -0- Publications and Printing........................................--............................................$ 198,750 Equipment Purchases--..............................................................................................! 97,600 Computer Charges.....................--................--................................--.......--..........--.....--! -0- Real Estate Rentals.........................................-.............................-..........-....,......! 33,200 Telecommunications.................................................................................................! 488,037 Per Diem, Fees and Contracts....................................................----..................$ 4,127,850 Capital Outlay.................................................................................................-.$207,780,017 State of Georgia General Obligation Debt Sinking Fund -....-...-...........................------.....................------$ -0- Total Funds Budgeted ......................................................................................$ 273,422,688 State Funds Budgeted..................................................-....--.................-....! 115,122,961 Total Positions Budgeted 3,402 2564 JOURNAL OF THE HOUSE, 2. Maintenance and Betterments Budget: Personal Services..................................................................................................$ 37,588,422 Regular Operating Expenses ..............................................................................$ 24,571,287 Travel..........................................................................................................................$ 202,655 Motor Vehicle Equipment Purchases.......................................................................................................................^ -0- Publications and Printing............................................................................................! 5,850 Equipment Purchases.......................................................................................................! -0- Computer Charges.............................................................................................................! -0- Real Estate Rentals..........................................................................................................! -0- Telecommunications ...................................................................................................$ 63,550 Per Diem, Fees and Contracts.............................................................................! 1,192,700 Capital Outlay......................................................................................................! 50,357,817 State of Georgia General Obligation Debt Sinking Fund ..................................................................................$ -0- Total Funds Budgeted ......................................................................................$ 113,982,281 State Funds Budgeted.......................................................................................! 112,817,495 Total Positions Budgeted 3,514 3. Authorities Budget: Authority Lease Rentals .....................................................................................$ 24,636,594 State of Georgia General Obligation Debt Sinking Fund.....................................................................$ 3,732,759 Total Funds Budgeted ........................................................................................$ 28,369,353 State Funds Budgeted.........................................................................................! 28,369,353 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases.................................................................! 2,296,758 Equipment Purchases...............................................................................................! 721,900 Capital Outlay........................................................................................................$ 315,428 Total Funds Budgeted ..........................................................................................$ 3,334,086 State Funds Budgeted...........................................................................................! 3,234,086 5. Assistance to Counties Budget: Grants to Counties ............................................................................................$ 9,317,013 Total Funds Budgeted ..........................................................................................$ 9,317,013 State Funds Budgeted...........................................................................................! 9,317,013 6. Administration Budget: Personal Services....................................................................................................! 5,878,900 Regular Operating Expenses ................................................................................$ 2,702,030 Travel............................................................................................................................! 99,349 Motor Vehicle Equipment Purchases........................................................................................................................! -0- Publications and Printing........................................................................................! 233,400 Equipment Purchases.......................................................................................................! -0- Computer Charges .................................................................................................$ 1,204,000 Real Estate Rentals..........................................................................................................! -0- Telecommunications.................................................................................................! 302,000 Per Diem, Fees and Contracts ............................................................................$ 200,000 Total Funds Budgeted ........................................................................................$ 10,619,679 State Funds Budgeted.........................................................................................! 10,619,679 Total Positions Budgeted 321 Appropriation of State funds in the foregoing Department of Transportation budgets shall be in conformity with and pursuant to Article III, Section X, Paragraph VII, subsec tion (b) of the State Constitution, and shall be in an amount at least equal to all money derived from motor fuel taxes received by the Fiscal Division of the Department of MONDAY, MARCH 6, 1978 2565 Administrative Services in the immediately preceding year, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed, as of July 1 of each fiscal year, to determine the net collection of motor fuel tax received by the Fiscal Division of the Department of Administrative Services in the immediately preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. Provided, however, that objects for Activities financed by Motor Fuel Tax including Planning and Construction, Maintenance and Betterments, Authority Lease Rentals, Gen eral Obligation Debt Sinking Fund Payments, Administration, and Grants to Counties, may be adjusted for any additional appropriations and/or balances appropriated and brought forward from previous years as requested by the Department of Transportation and approved by the Office of Planning and Budget. For general administrative cost of operating the Department of Transportation, includ ing equipment and compensation claims. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto provided all expenditures for county contracts shall be in accordance with and on the basis of average prices authorized by law. Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the Department of Transportation may add, delete and substitute Fed eral aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services and constitutionally appropriated to the Department of Transportation. For lease rental obligations of the Department of Transportation to the Georgia High way Authority and the Georgia Building Authority in accordance with lease rental con tracts now in existence and for appropriations to the "State of Georgia General Obligation Debt Sinking Fund" for the specific purpose of paying annual debt service requirements on new General Obligation debt to finance the construction or reconstruction of public roads and bridges approved by the Department of Transportation. For grants to counties for aid in county road construction and maintenance to be dis tributed and disbursed to various counties of the State by the Fiscal Division of the Department of Administrative Services in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mile age in the State, as such mileage information is furnished by the Department of Trans portation. Provided, further, that a member of the governing authority of the county, designated by such authority, shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit is made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of Section 92-1404, subsection (F) of the Motor Fuel Tax Law against the amount of funds expended by each county in such year for the purposes authorized by said Section. Appropriations for the foregoing activities include an appropriation that shall be utilized for the specific purpose and amounts as shown below: Planning and Construction Geodetic Control.......................................................................................................! 395,444 Capital Outlay - Appalachian Highway...............................................................................................................$ 5,835,143 Capital Outlay - Paving State and Local Schools and State Institutions...............................................................................-.................? 750,000 2566 JOURNAL OF THE HOUSE, Georgia Road Improvement Program.................................................................! 5,000,000 Paving State Parks and Historic Sites .........................................................................................................$ 300,000 Maintenance and Betterments Capital Outlay - Rehabilitation Off-System ........................................................................................................$ 16,000,000 Capital Outlay - Rehabilitation On-System...........................................................................................................$ 1,200,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution. Provided, that of the above appropriation relative to Capital Outlay, $10,000 is desig nated and committed for signing the Presidential Route. 7. Assistance to Municipalities Budget: Grants to Municipalities..................................................................................^ 9,317,000 Total Funds Budgeted ..........................................................................................$ 9,317,000 State Funds Budgeted...........................................................................................! 9,317,000 For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. Provided, further, that a member of the governing authority of the municipality, desig nated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services.......................................................................................................! 347,000 Regular Operating Expenses ...................................................................................$ 295,000 Travel............................................................................................................................$ 15,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...............................................................................................! 200 Equipment Purchases...................................................................................................! 6,000 Computer Charges.............................................................................................................! -0- Real Estate Rentals.............................................................................................................! 1 Telecommunications.....................................................................................................! 3,800 Per Diem, Fees and Contracts.....................................................................................$ 500 Total Funds Budgeted .............................................................................................$ 667,501 State Funds Budgeted..............................................................................................! 367,501 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services......................................................................................................-! 341,801 Regular Operating Expenses .....................................................................................$ 11,850 Travel.............................................................................................-..................-...........! 12,450 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 17,500 MONDAY, MARCH 6, 1978 2567 Equipment Purchases......................................................................................................$ 800 Computer Charges ......................................................................................................I 20,000 Real Estate Rentals ..........................................................................................................$ -0- Telecommunications .....................................................................................................$ 8,600 Per Diem, Fees and Contracts................................................................................! 182,000 Capital Outlay - Airport Development ..................................................,.......................................................$ 300,000 Capital Outlay - Airport Operational Improvements...............................................................................! 1,000,000 Mass Transit Grants.............................................................................................$ 337,000 Total Funds Budgeted ..........................................................................................$ 2,232,001 State Funds Budgeted...........................................................................................? 2,232,001 Total Positions Budgeted 19 10. Harbor Maintenance Budget: Harbor Maintenance Payments ..........................................................................$ 250,000 Total Funds Budgeted .............................................................................................$ 250,000 State Funds Budgeted..............................................................................................! 250,000 Budget Unit Object Classes: Personal Services................................................................................................! 100,308,873 Regular Operating Expenses ..............................................................................$ 30,923,604 Travel.......................................................................................................................! 1,530,501 Motor Vehicle Equipment Purchases.............................................................................................................! 2,296,758 Publications and Printing........................................................................................! 455,700 Equipment Purchases...............................................................................................! 826,300 Computer Charges.................................................................................................! 1,224,000 Real Estate Rentals ....................................................................................................$ 33,201 Telecommunications.................................................................................................! 865,987 Per Diem, Fees and Contracts.............................................................................! 5,703,050 Capital Outlay....................................................................................................! 258,453,262 Mass Transit Grants.................................................................................................! 337,000 Grants to Municipalities.......................................................................................! 9,317,000 Harbor Maintenance Payments..............................................................................$ 250,000 Grants to Counties.................................................................................................! 9,317,013 Authority Lease Rentals.....................................................................................! 24,636,594 Capital Outlay - Airport Development ...........................................................................................-.........-....$ 300,000 State of Georgia General Obligation Debt Sinking Fund...........................................................-.............$ 3,732,759 Capital Outlay - Airport Operational Improvements...............................................................................! 1,000,000 Total Positions Budgeted 7,273 Passenger Carrying Motor Vehicles 2,650 For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation ser vices, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 10% of an individual airport project when matching both FAA and Local Funds, and 50% of an individual airport project when matching Local Funds only with no Federal Fund participation. Provided, further, that the Department of Transportation is authorized to utilize State Airport Development Funds at 100% of the total cost of an individual airport project for airports owned by the State of Georgia. 2568 JOURNAL OF THE HOUSE, Provided, that the entire amount of the above allocation for harbor maintenance pay ments is designated and committed for payment for harbor maintenance at Savannah. Provided, further, that the Department of Transportation is authorized and directed to transfer to Personal Services from other object classes such funds as are required to fund the cost-of-living adjustment contemplated in this Act, subject only to approval by the Office of Planning and Budget. Section 46. Department of Veterans Service. Budget Unit: Department of Veterans Service ......................................................................................................$ 7,169,627 1. Veterans Assistance Budget: Personal Services...........................................................................................--..--.$ 2,150,835 Regular Operating Expenses .....................................................................................$ 77,700 Travel............................................................................................................................$ 62,000 Motor Vehicle Equipment Purchases .........................................................................--$ -0- PublicationsandPrinting..........................................................................................$ 20,700 Equipment Purchases...................................................................................................! 4,058 Computer Charges...........................................................................................................! 100 Real Estate Rentals ....................................................................................................$ 27,342 Telecommunications...................................................................................................! 46,000 Per Diem, Fees and Contracts....................................................................................! 6,000 Grants to Confederate Widows ................................................................................$ 9,300 Total Funds Budgeted ..........................................................................................$ 2,404,035 State Funds Budgeted...........................................................................................! 2,144,535 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 2. Veterans Home and Nursing Facility Milledgeville Budget: Capital Outlay...........................................................................................................! 312,000 Equipment Purchases.................................................................................................! 25,000 Operating Expenses/Payments to Central State Hospital ..................................................................................$ 4,581,828 Total Funds Budgeted ..........................................................................................$ 4,918,828 State Funds Budgeted...........................................................................................! 3,737,141 3. Veterans Nursing Home Augusta Budget: Operating Expense/Payments to Medical College of Georgia...........................................................................$ 1,958,638 Total Funds Budgeted..........................................................................................! 1,958,638 State Funds Budgeted...........................................................................................! 1,287,951 Budget Unit Object Classes: Personal Services....................................................................................................! 2,150,835 Regular Operating Expenses.....................................................................................! 77,700 Travel............................................................................................................................$ 62,000 Motor Vehicle Equipment Purchases............................................................................! -0Publications and Printing..........................................................................................! 20,700 Equipment Purchases.................................................................................................! 29,058 Computer Charges...........................................................................................................! 100 Real Estate Rentals....................................................................................................! 27,342 Telecommunications...................................................................................................! 46,000 Per Diem, Fees and Contracts....................................................................................! 6,000 Capital Outlay...........................................................................................................! 312,000 Grants to Confederate Widows...................................................................................! 9,300 Operating Expense/Payments to Central State Hospital......................................................................................! 4,581,828 MONDAY, MARCH 6, 1978 2569 Operating Expense/Payments to Medical College of Georgia...............................................................................$ 1,958,638 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 Section 47. Workmen's Compensation Board. Budget Unit: Workmen's Compensation Board........................................................................................................$ 2,551,825 1. Workmen's Compensation Administration Budget: Personal Services....................................................................................................! 1,951,200 Regular Operating Expenses ...................................................................................$ 116,800 Travel............................................................................................................................$ 29,000 Motor Vehicle Equipment Purchases ............................................................................$ -0- Publications and Printing..........................................................................................$ 26,000 Equipment Purchases...................................................................................................! 5,225 Computer Charges ....................................................................................................$ 110,000 Real Estate Rentals ....................................................................................................$ 58,641 Telecommunications...................................................................................................! 58.000 Per Diem, Fees and Contracts...............................................................................$ 56,000 Total Funds Budgeted ..........................................................................................$ 2,410,866 State Funds Budgeted...........................................................................................! 2,410,866 Total Positions Budgeted 119 2. Vocational Rehabilitation Budget: Personal Services.......................................................................................................! 125,987 Regular Operating Expenses .......................................................................................$ 3,772 Travel............................................................................................................................! 10,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing............................................................................................! 1,000 Equipment Purchases......................................................................................................! 200 Computer Charges.............................................................................................................! -0- Real Estate Rentals ..........................................................................................................$ -0- Per Diem, Fees and Contracts.......................................................................................$ -0- Total Funds Budgeted .............................................................................................$ 140,959 State Funds Budgeted..............................................................................................! 140,959 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services....................................................................................................! 2,077,187 Regular Operating Expenses ...................................................................................$ 120,572 Travel...................................................................................................................-...-....! 39,000 Motor Vehicle Equipment Purchases............................................................................! -0- Publications and Printing...................................................................................-....! 27,000 Equipment Purchases...........................................................................--.....................! 5,425 Computer Charges...........................................................................................-.-.....! 110,000 Real Estate Rentals......................................................................................-..-..........! 58,641 Telecommunications ....................................--..! 58,000 Per Diem, Fees and Contracts......................................-.-................-.-------! 56,000 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 0 Section 48. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).....................................................----..------------$ 32,488,616 2570 JOURNAL OF THE HOUSE, B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) .............................................................................................$ 1,000,000 Provided, that from the above appropriated amount for State of Georgia General Obli gation Debt Sinking Fund, $1,000,000 is specifically appropriated for the purpose of con structing a general cargo facility on Colonel's Island, Georgia, through the issuance of not to exceed $12,000,000 in principal amount of General Obligation Debt. Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated, to be effective July 1, 1978, $31,200,000 for salary increases for State employees, of which $107,000 is for the Department of Audits, $44,300 is for the Supreme Court, $45,600 is for the Court of Appeals, $392,000 is for the Georgia Building Authority, $1,500 is for the Sentence Review Panel, $8,000 is for the Prosecuting Attorneys' Council, $10,600 is for the Administrative Office of the Courts and $2,100 is for the Council of Juvenile Court Judges. For the University System employees, there is hereby appropriated $24,930,125 based on an eight and one-half percent (8 V4 %) salary increase to be effective on July 1, 1978, for nonacademic personnel and fiscal year con tracted personnel, and September 1, 1978, for academic year contracted personnel. Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $940,965 to increase the mileage reimbursement rate for privately owned vehicles from twelve cents ($.12) per mile to fifteen cents ($.15) per mile, to be effective July 1, 1978. Section 51. In addition to all other appropriations for the fiscal year ending June 30, 1979, there is hereby appropriated $2,662,450 to fund the Space Management Act of the 1976 Session of the General Assembly, to be effective July 1, 1978. Section 52. It is the intent of this General Assembly that to the greatest extent fea sible, the Georgia Building Authority (Markets) and the Georgia Building Authority (Hospital) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1979 and thereafter. Section 53. The Federal General Revenue Sharing and Anti-Recession Fiscal Assis tance Funds contemplated in this Act shall be applied to the appropriations of the Depart ment of Education and Regents, University System of Georgia for the line item "Teacher Retirement". The proportion of such Federal Funds to be allocated to the Department of Education and Regents, University System of Georgia shall be determined by the Office of Planning and Budget. Section 54. It is the intent of this General Assembly that each and every agency, board, commission and authority receiving appropriations in this Act shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use such vehicles except for official State business. Section 55. It is the intent of this General Assembly that to the extent to which Fed eral funds become available in amounts in excess of those contemplated in this Appropria tions Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and MONDAY, MARCH 6, 1978 2571 Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets. It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. Section 56. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine by Object Class the expenditures of each activity contained in this Appropriations Act. Section 57. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of motor fuel shall be entitled to a refund covering shrinkage in the process of retailing motor fuel as authorized by Act of Georgia General Assembly of 1947 (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing motor fuel. Section 58. No State appropriations authorized under this Act shall be used to con tinue programs currently funded by 100% Federal funds. Section 59. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services, either directly or indirectly. Section 60. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institu tion of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1978, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropria tions. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 61. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly at the 1978 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs, and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity 2572 JOURNAL OF THE HOUSE, not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond fiscal year 1979, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allo cation until such shall he submitted and approved in the same manner and under the same conditions provided hereinbefore for transfers. Section 62. Wherever in this Act the term "Budget Unit Object Classes" is used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1979 submitted to the General Assembly at the 1978 regular session. Section 63. It is the intent of the General Assembly that for the purposes of this Act, (1) Passenger-carrying motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use, a substantial portion of which is for the primary purpose of transporting one or more people, and (2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles. Section 64. The Office of Planning and Budget is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 65. TOTAL APPROPRIATIONS F.Y. 1979 .......................................................................................................$ 2,379,691,195. Section 66. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 67. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Vaughn of the 57th moved that the report of the Committee of Con ference on HB 1224 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. NAuten, D. Y Balkcom, R. YBargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdoong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. N Burton, J. N Butler, D. Canty, H. Y Carlisle, J Y Carries, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance G Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. MONDAY, MARCH 6, 1978 Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. N Deveam, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr N Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichola, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y RandaU, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. N Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, WayneJr. Y Steinberg, C. Y Stone, R. On the motion, the ayes were 158, nays 16. The motion prevailed. 2573 Y Swarm, D. Y Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H. Jr. Y Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto: HB 1069. By: Representatives Home of the 104th, Birdsong of the 103rd, Lucas of the 102nd, Pinkston of the 100th, and Randall of the 101st: A BILL to change the provisions relative to the compensation and expenses of the elective members of the Board of Public Education and Orphanage of Bibb County; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1069 as follows: By striking from lines 11 and 12 of page 1, the following: "Board of Public Education and Orphanage of Bibb County", and inserting in lieu thereof the following: "Board of Commissioners of Bibb County". By inserting following the word "Orphanage" on line 15 of page 1, the following: "of Bibb County". By striking from lines 16 through 20 of page 1, the following: "Such compensation and provision for expenses shall be submitted to the Board of Commissioners of Bibb County for approval or rejection at the same time the annual budget for the Board of Education and Orphanage is submitted to the Board of Com missioners." By striking from lines 20 through 23 of page 1, the following: 2574 JOURNAL OF THE HOUSE, "Such compensation and provision for expenses shall not become effective until approved by the Board of Commissioners and shall be paid from the funds of the Board of Education and Orphanage.", and inserting in lieu thereof the following: "Such compensation and expenses, when fixed by the Board of Commissioners of Bibb County, shall be paid from the funds of the Board of Education and Orphanage of Bibb County." Representative Home of the 104th moved that the House agree to the Senate amend ment to HB 1069. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 1851. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act placing the Sheriff of Brantley County upon an annual salary so as to change the provisions relating to the number of deputy sheriffs and their compensa tion; to change the provisions relating to automobiles; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1851 as follows: By striking from Section 2, on lines 26 and 33 on page 2, the following: "four (4)", and inserting in lieu thereof the following: "two (2)". Representative Wheeler of the 152nd moved that the House agree to the Senate amendment to HB 1851. On the motion, the ayes were 103, nays 0. The motion prevailed. HR 673-1888. By: Representative Vaughn of the 57th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for the recall of elected offi cials of Rockdale County and of municipalities within Rockdale County; to pro vide for petitions; to provide for the conduct of such recall elections; to provide for practices, procedures and requirements in connection with such recall elec tions; to provide for the filling of vacancies; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 673-1888 as follows: By striking from Section 1 the following: "Article II, Section III of the Constitution is hereby amended by adding at the end of Paragraph II a new paragraph to read as follows:", MONDAY, MARCH 6, 1978 2575 and inserting in lieu thereof the following: "Article I, Section III of the Constitution is hereby amended by adding at the end thereof the following:". Representative Vaughn of the 57th moved that the House agree to the Senate amend ment to HR 673-1888. On the motion, the ayes were 120, nays 0. The motion prevailed. HR 727-1960. By: Representative Vaughn of the 57th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide by law for the creation of a Downtown Conyers Development Authority for the purpose of carrying out the redevelopment of the downtown area of the City of Conyers and to provide for the powers, privileges, duties and immunities of said Authority and the City of Conyers in relation to said Authority; and for other purposes. The following Senate amendments were read: Senate Amendment No. 1 The Senate moves to amend H. R. 727-1960 as follows: By striking from line 21 of page 2 the following: "and personal". Senate Amendment No. 2 The Senate moves to amend H. R. 727-1960 as follows: By striking from line 21 of page 2 the following: "tangible". Representative Vaughn of the 57th moved that the House agree to the Senate amend ments to HR 727-1960. On the motion, the ayes were 120, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1980. By Representative Vaughn of the 57th: A BILL to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; and for other purposes. 2576 JOURNAL OF THE HOUSE, HB 1599. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to create a County Board of Tax Assessors in all counties of this State having therein the greater part of a city of a population of 300,000 or more according to the United States Decennial Census of 1970 or any future United States Decennial Census, and to define its powers and duties; and for other purposes. HB 1600. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of each of the municipalities lying wholly or partially within Fulton County; to provide for the use of consolidated tax return forms; to require the preparation of digests from such returns; and for other purposes. HB 1603. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide the procedures for the preparation and annual updating by the Fulton County governing authority of a countywide framework plan for all of incorporated and unincorporated Fulton County; and for other purposes. HB 1606. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide the procedures for the County operation, maintenance, and funding of all public garbage disposal systems located within unincorporated Fulton County or within any municipality located wholly or partially within Fulton County; and for other purposes. HB 1607. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to create the Unified Atlanta-Fulton County Water and Sewer System; to pro vide a short title for this Act ("Unified Atlanta-Fulton County Water and Sewer System Act"); to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisi tion and transfer of property to such system; and for other purposes. HB 1608. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide for the transfer of all existing library ser vices and facilities located within unincorporated Fulton County and within any municipality located wholly or partially within Fulton County; and for other purposes. HB 1609. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The following Resolution of the House was read and adopted: HR 840. By: Representatives Colwell and Twiggs of the 4th, Wood and Jackson of the 9th, Harris of the 60th, Phillips of the 59th and others: A RESOLUTION commend ing Dr. Jack P. Nix; and for other purposes. MONDAY, MARCH 6, 1978 2577 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1972. By: Representative Adams of the 79th: A BILL to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms; and for other purposes. HB 2060. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act creating the Board of Commissioners of Appling County so as to change the compensation of the Commissioners of Appling County; and for other purposes. HB 2061. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling County; and for other purposes. HB 2065. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolutions of the House: HR 571-1607. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within unin corporated Fulton County and within any municipality located wholly or par tially within Fulton County, together with the property, debts, assets and employees thereof, to the County-wide Library Service; and for other purposes. HR 573-1608. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; and for other purposes. HR 566-1599. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to Article IX, Section I, Paragraph VI of the Constitution so as to authorize the General Assembly to require the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to any or all municipalities located wholly or par tially within Fulton County, at no charge to said municipalities; and for other purposes. 2578 JOURNAL OF THE HOUSE, HR 715-1916. By: Representatives Childs of the 51st, Noble of the 48th, Clark of the 55th, Tolbert, Johnston, and Butler of the 56th, Robinson of the 58th, Williams of the 54th, and others: A RESOLUTION proposing an amendment to the Consti tution so as to provide that municipalities lying wholly within DeKalb County and the DeKalb County portion of any municipality lying wholly or partially within DeKalb County shall constitute special services tax districts for the provision of certain governmental services therein by DeKalb County and to provide that DeKalb County shall assess, levy and collect ad valorem taxes and collect service charges or fees within such special services tax districts only in accordance with the kind, character, type and degree of such governmental ser vices provided therein by said county; and for other purposes. The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 428. By: Senators Kidd of the 25th and Broun of the 46th: A BILL to amend Code Chapter 34-11, relating to ballots in elections, so as to provide for the election of unopposed candidates in special elections; and for other purposes. The Senate has disagreed to the House amendment to the following Resolution of the Senate: SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year thereafter; and for other purposes. The Lt. Governor has ruled not germane the House substitute to the following Bill of the Senate: SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1320. By: Representative Burruss of the 21st: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1304. By: Representative Taggart of the 125th: A BILL to provide that the Commis sioner of Revenue shall have authority to license and regulate the sale of all alcoholic beverages in bona fide private clubs in this State; to define the term "Club" for licensing purposes; to provide license fees equal to those required of public licensed places of business; and for other purposes. MONDAY, MARCH 6, 1978 2579 The President has appointed on the part of the Senate the following Senators: Senators Kidd of the 25th, Robinson of the 27th, and Stumbaugh of the 55th. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time: SR 289. By: Senator Dean of the 6th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law (Code Chapter 92-31) based upon cost-of-living factors; to provide for the submission of this amendment for ratification or rejection; so as to provide for periodic adjustments of sales tax; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. /'tide VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: "Notwithstanding any other provisions of this Constitution, under the present Georgia Income Tax Law (Code Chapter 92-31), the dollar amount of any personal exemption provided for in any Section of the law shall be adjusted for each taxable year beginning on or after January 1, 1980, by multiplying the dollar amount of the exemption by an inflation factor which is equal to the ratio of the Consumer Price Index for the twelve month period ending June 30 of the taxable year to the Consumer Price Index for the twelve-month period ending June 30, 1977. The Consumer Price Index is as defined and officially reported by the United States Bureau of Labor Statistics." Section 2. Notwithstanding any other provisions of this Constitution, under the present Georgia sales tax law, Code Chapter 92-34A, the amount of the sales tax shall be adjusted proportionately for the taxable year beginning January 1, 1979. Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to provide for periodic adjust ment of the amount of personal exemptions under the Georgia Income ( ) NO Tax Law (Code Chapter 92-31) based upon cost-of-living factors?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Lee cf the 72nd moved the previous question. Representative Childs of the 51st moved that SR 289 be placed on the table. On the motion to table, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M N Beckham, B. N Benefield, J. N Birdaong, K. Y Bishop, S. Y Bolster, P. 2580 JOURNAL OF THE HOUSE, N Bray, C.A. N Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. N Carlisle, J. Y CarnM, C. N Carrell, B. Y Caaon, G. N Castleberry, D. N Chance, G. N Childen, E.M. Y Child., P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collim, M. N Colwell, C.H. N Connell, J. N Cooper, B. N Cox, W.E. N Croaby, T. N Culpepper, B. N Daniel, G. Y Daugherty, J.C. N Davi, B. N Dean, D.C. Y Dent, R.A. Y Deveaux, C. N Dilon, H.D. N Dover, Bill N Edwards, W. N EUiott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gammage, L. Y Gignffliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Hamilton, G. N Manner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. NKarrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. Knight, N.G. N Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) Y Lenderman, M. Y Under, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nix, K. Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Rosa, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. Scott, D. N Sizemore, E. N Smith, V.B. On the motion, the ayes were 42, nays 131. The motion was lost. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Torbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. N Tutn, J. NTwiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. N Wheeler, Bobby N White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The motion for the previous question was withdrawn. The Speaker announced the House in recess until 2:00 o'clock, this afternoon, and fur ther consideration of SR 289 was postponed until this afternoon. MONDAY, MARCH 6, 1978 2581 AFTERNOON SESSION The Speaker called the House to order. The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: HB 2065. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 2065 as follows: By striking on lines 16 and 19 on page 1 the following: "$13,500.00", and inserting in lieu thereof the following: "$15,000". Representative Stone of the 138th moved that the House disagree to the Senate amendment to HB 2065. The motion prevailed. HB 1980. By: Representative Vaughn of the 57th: A BILL to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; and for other purposes. The following Senate substitute was read: A BILL To create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; to define the jurisdiction of said court; to pro vide for a judge of said court and his appointment, term, compensation, qualifications and the manner of filling vacancies in said office; to provide for a clerk of said court, his duties, qualifications, term, compensation and bond; to provide for an acting magistrate to act as judge of said court in the absence or disability of the judge thereof; to provide for an oath to be administered to the judge and clerk of said court; to provide the terms and place of holding said court; to authorize, define and limit the power of said court to impose fines, punishment and imprisonment of persons convicted of offenses within the jurisdiction of said court; to provide for punishment for contempt of said court and for escapes by persons serving sentences imposed by said court; to provide the method of reduction and review of sentence imposed by said court; to fix the costs assessable in said court and to provide for the issuance of executions for the collection of fines, costs and forfeitures in said court; to provide for the issuance of summons and subpoenas by said court; to provide for the disposition of fines, costs and forfeitures collected by said court; to prescribe the rights of persons accused in said court; to authorize the making of arrests, the taking of bonds, and cash deposits in lieu of bonds, and for the forfeiture of same; to provide that the judge of said court shall be to all intents and purposes a justice of 2582 JOURNAL OF THE HOUSE, the peace so far as to authorize him to issue warrants and to commit persons to bail or jail for offenses against the laws of this State; to provide for limitations of prosecutions in said court; to provide for levy and sale under executions issued by said court; to require the Sheriff of Rockdale County to receive and take charge of prisoners sentenced by said court to imprisonment in the county jail and to prescribe penalties for his refusal; to authorize the expenditure of public funds for any of the purposes of this Act; to provide for the designation of the Sheriff of Rockdale County and certain deputies of the Rockdale County Sheriffs Department as ex officio constables; to confer upon said court all general powers heretofore or hereafter granted to any other police or magistrate's court in this State except traffic offenses; to confer upon the Board of Commissioners of Rockdale County authority to pass any and all ordinances, rules and regulations necessary to carry out the provisions of this Act; to create and establish a Small Claims Division of the Magistrate's Court of Rockdale County; to prescribe the jurisdiction of said division; to prescribe the pleading and practice in said division; to provide for the judge of said divi sion; to provide for clerks of and for said division and for their duties and compensation; to provide for a bailiff of and for said division and for his duties; to provide for the service of summons of said division; to provide for liens; to provide for appeals; to provide for offi ces, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for validating the acts of said divi sion and the proceedings therein; to provide for retirement and filling vacancies; to provide for the operating fund for said court; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Magistrate's Court Created. There is hereby created and established for and in the County of Rockdale a magistrate's court to be known as the Magistrate's Court of Rockdale County. Section 2. Jurisdiction, (a) Said magistrate's court shall have jurisdiction to hear and determine cases involving violation of all county ordinances and regulations and to try and dispose of all offenses and offenders against any ordinance adopted by the governing authority of said county. (b) This court and the judge thereof shall have all powers to do all acts which jus tices of the peace now or may hereafter be authorized to do under the law of Georgia, and shall have jurisdiction as to subject matter to try and to dispose of all cases where under the law subject matter jurisdiction is conferred upon justices of the peace and justice courts, and as to the amount involved therein, the jurisdiction thereover shall extend to all cases wherein the principal amount shall be $3,000.00 or less. All proceedings and procedures, including but not limited to those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury, and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act. (c) The court and the judge shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere and to impose sentence upon defendants charged with the violations of the penal provisions of Code Section 79A-9917, as now or hereafter amended, as if this court were a magistrate's court as provided in that Section and upon defendants charged with violating the laws governing the innoculation of dogs against rabies as set forth in Code Chapter 88-15, relating to rabies, as now or hereafter amended, and upon defendants charged with violating the Georgia Boat Safety Act, approved April 19, 1973 (Ga. Laws 1973, p. 1427), as now or hereafter amended, and the law governing the abandonment of minor children as set forth in Code Chapter 74-99, as now or hereafter amended. Such jurisdiction and power of said court and the judge thereof shall extend over and throughout the whole and entire County of Rockdale. (d) The judge of this court shall have the power to require the posting of cash or surety bonds for appearance in said court and to forfeit the same for nonappearance. MONDAY, MARCH 6, 1978 2583 (e) This court shall have like powers of jurisdiction in regard to any ordinance, law or regulation adopted by the Board of Commissioners of Rockdale County, if and when said board may be empowered to adopt such ordinance, laws or regulations. (f) Jurisdiction of this court shall not extend to nor include those offenses related to traffic upon the public roads, streets, and highways of this State as defined under the provisions of an Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended; or as defined in Code Title 68A, relating to Uniform Rules of the Road, as now or hereafter amended; or as defined in Code Title 68B, known as the "Driver's Licensing Act", as now or hereafter amended; or as defined in an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as now or hereafter amended; all of which shall remain as now vested in the Probate Court or Probate Judge of Rockdale County. (g) Said court shall have such other and further jurisdiction as is hereinafter set forth, and as may from time to time hereafter be granted by law. Section 3. Limitations of Prosecution. All prosecutions for violation of any county ordinances or regulations shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitations shall not run so long as the offender or offense is unknown and shall be suspended during such time as such offender may abscond from said county or absent himself therefrom or so conceal himself that he cannot be arrested or summoned to appear before said court. The arrest or service of summons on any such person charging him with such offense shall be deemed the commencement of prosecution for the purpose of this Section. Section 4. Magistrate Ex Officio Justice of the Peace; Warrants; Commitments. The Judge of the Magistrate's Court of Rockdale County shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of Rockdale County, either with or without a hearing, which warrants shall be directed to the Sheriff of Rockdale County and his deputies and to all and singu lar the sheriffs, deputy sheriffs and constables of the State of Georgia, and any one of said officers shall have authority to execute such warrants. Said judge as ex officio justice of the peace shall have the power and authority to commit to the jail of Rockdale County offenders against the laws of the State of Georgia and in bailable cases to admit them to bail for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Rockdale. Said judge may issue such warrants and commit or admit to bail such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Rockdale County. Section 5. Judge; Appointment; Term, Vacancies. The judge of said magistrate's court shall be appointed by the Board of Commissioners of Rockdale County within 30 days after the effective date of this Act, and the first judge so appointed shall serve for a term ending December 31, 1979, and until his successor is appointed and qualified. All judges appointed for terms following the first as hereinabove prescribed shall be appointed by said board for terms of two years and until their successors are appointed and quali fied. All vacancies occurring in such office shall be filled in like manner for the remainder of the unexpired term. Section 6. Qualifications of Judge. The judge of said court shall be at least 25 years of age, a resident of Rockdale County at least two years immediately preceding his appointment, and must have actively practiced law for at least three years in this State immediately before taking office. For the purpose of this Act, a resident of Rockdale County shall include only those qualified members of the State Bar of Georgia who have steadily maintained a permanent residence in said county as distinguished from a tempo rary residence, vacation home, summer home, camp, retreat or the like. Such person shall further be a citizen and taxpayer of Rockdale County, and he shall be ineligible to hold any other public office. Said judge may engage in the practice of law in any court of this 2584 JOURNAL OF THE HOUSE, State or of the United States during his term of office except the Magistrate's Court of Rockdale County. Section 7. Judge's Compensation. The Board of Commissioners of Rockdale County shall fix the compensation of said judge, but the same shall be not less than $12,000.00 per annum. Section 8. Clerk; Duties and Bond. Said board of commissioners is further authorized and directed to elect a clerk of said magistrate's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same within 72 hours to the Director of Finance of Rockdale County or such other person as may be designated by the governing authority of Rockdale County, for deposit in the county depository, as general funds of Rockdale County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Rockdale County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. Section 9. Qualification and Term of Clerk. Said clerk and all deputy clerks shall be at least 25 years of age, shall have been a resident of Rockdale County for at least two years, shall be a citizen and taxpayer of Rockdale County and of good moral character. Said clerk and such deputy clerks shall serve at the pleasure of the Board of Commission ers of Rockdale County. Section 10. Clerk's Compensation. The clerk and deputy clerks of said magistrate's court shall be paid a salary to be fixed by the Board of Commissioners of Rockdale County. Section 11. Oath of Judge and Clerk. The judge and clerk of said magistrate's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of Rockdale County. Section 12. Terms and Place of Holding Magistrate's Court. Said magistrate's court shall be held in the county seat and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each month, and at such hour or hours of the day or evening as shall be fixed by the judge. Section 13. Acting Magistrate. The judge of said magistrate's court shall have the authority to designate a practicing attorney having the qualifications herein established for the judge of said court, as acting magistrate to serve in his place during his absence or disability, and if the judge of said court should fail to do so after being absent or disabled for a period of seven days or more, the Board of Commissioners of Rockdale County, by majority vote, may designate an acting magistrate to serve in his place, the compensation of such acting magistrate to be fixed by said board of commissioners. In the event said magistrate absents himself from the duties of his office unjustifiably and for an unreason able period of time to be adjudged of by the board of commissioners, said board may in its discretion reduce the compensation payable to said magistrate by an amount sufficient to pay the compensation of such acting magistrate. Any such acting magistrate, while so serving, shall have the same power and authority herein vested in the judge of said magistrate's court. Section 14. Fines and Punishment. Upon conviction of violation of any of the ordi nances, rules or regulations set forth by the governing authority of Rockdale County, the magistrate or judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed the sum of $200.00 for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance or regulation violated and in no event MONDAY, MARCH 6, 1978 2585 to exceed 30 days for any single offense, or by any one or more of these punishments in the discretion of the judge of said magistrate's court. The Sheriff of Rockdale County shall receive, confine, feed and care for prisoners sentenced by said magistrate's court to impris onment in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said magistrate's court may be confined separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require. Section 15. Alternative Sentences. Said magistrate's court shall have the power and authority to impose fines on persons convicted of any offense within the jurisdiction of said court with the alternative of imposing other punishment allowed by law in case said fines are not paid, and to commit prisoners to the Rockdale County jail. Section 16. Sentence; Reduction and Review. The judge of said magistrate's court shall have the authority to reduce any sentence or fine imposed by him prior to the pay ment of said fine and execution of said sentence but shall not have the right to grant a new trial. Review of any final order or judgment of said magistrate's court shall be by certiorari to the Superior Court of Rockdale County in the manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedure set forth in Section 19-214 of the Georgia Code and the giving of bond as pro vided therein, which bond shall be made to Rockdale County. Section 17. Contempt. The judge of said magistrate's court shall have the power to punish for contempt by fine not exceeding $200.00, imprisonment in the county jail not exceeding ten days, either or both, or any part thereof, in the discretion of said judge. Section 18. Executions for Fines. Execution may issue immediately, where any fine is imposed by the judge of said magistrate's court, to be levied upon the goods, chattels, lands and tenements of the person fined, if the fine is not immediately paid, which execu tion shall bear teste in the name of the judge of said court, be signed by the clerk of said court and be directed to the Sheriff of Rockdale County, and to all and singular the sher iffs, deputy sheriffs and constables of the State of Georgia. The Sheriff of Rockdale County and such deputies of the Sheriffs Department as may be appointed in writing by said sheriff, not to exceed five in number, shall be ex officio constables for the purpose of levy and sale under all executions issued pursuant to this Act, and such executions shall be levied and sales thereunder conducted and proceeds thereof distributed in accordance with the laws governing levy and sale in justice of the peace courts of this State, except that the judge of said magistrate's court shall be deemed to be ex officio justice of the peace in whose court all such levies and sales shall proceed, and said magistrate shall be empowered to hear and dispose of all questions and claims arising therefrom, whether the same are made by said chief of police, ex officio constables or other officers to whom such executions are directed. Section 19. Costs. In each case of conviction in said magistrate's court, the costs assessable shall be $5.00. Costs shall go into the general fund of the county for general county purposes. Section 20. Peace Officers' Annuity and Benefit Fund. All fines and forfeitures col lected in said magistrate's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State. Section 21. Rights of Accused. Any person charged with an offense against any ordi nance, rule or regulation of said county shall be informed by summons in writing served on him of the nature of the course of his accusation, shall have compulsory process for obtaining witnesses in his behalf, shall have a speedy trial before the judge of said magistrate's court, shall be confronted with the witnesses against him and have the privi lege of cross-examination, as in the superior courts of this State, and shall have the privi- 2586 JOURNAL OF THE HOUSE, lege of defending himself, by counsel or by himself, or both, as to him shall seem proper. No one shall be fined or punished without full opportunity of being heard in his own defense. Section 22. Issuance of Summons. Upon information known to or complaint lodged with the sheriff or any deputy of Rockdale County, Georgia, or the judge or clerk of said magistrate's court any person within the limits of Rockdale County charged with the viola tion of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said magistrate's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, sheriff or deputy sheriff issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. Section 23. Issuance of Subpoenas. Said court shall have the authority to compel the attendance before any of its sessions of witnesses within the limits of Rockdale County by service upon such witnesses of a subpoena from said court directed to the witness, stating the time and place of trial and the parties to the case and which shall be served upon said witness either personally or by leaving the copy at his place of residence. Section 24. Punishment for Contempt in Faili r'sr to Answer Summons or Subpoena. Said court shall have power to punish as for contempt of court any person failing or refus ing to obey any summons or subpoena served " -;n him as provided in the preceding Sec tions, within the limits hereinbefore prescribed lor punishment for contempt. The cause may be continued to such time as the judge may direct and the court shall issue an order requiring the sheriff or deputy sheriffs of Rockdale County to arrest the offender and bring him before the court to answer the contempt and it shall be the dui of such officer to arrest such person and to keep such person in custody until he is brought before the court unless he gives bond for his appearance at the time appointed for further hearing, as provided by law. Section 25. Facsimile Signature. The name of the clerk of said magistrate's court, required on subpoenas and other papers, may be printed or stamped on such r ers, which shall be in compliance with law and shall have the same force and effect as if wru ten thereon by the clerk. Section 26. Arrests; Bonds and Forfeiture. When an arrest is made for the violation of any county ordinance, resolution, rule or regulation whether under a warrant or not, the arresting officer shall carry the person arrested before said magistrate's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to Rockdale County in an amount and surety to be approved by the Sheriff of Rockdale County or as directed by the judge of said magistrate's court, conditioned for the appearance of such person before the magistrate's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein, such bond shall be forfeited and a rule shall be issued by the clerk of said magistrate's court requiring such person or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. At the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk of the MONDAY, MARCH 6, 1978 2587 said magistrate's court to the Sheriff of Rockdale County for collection as in cases of executions for fines. Section 27. Cash Deposit in Lieu of Bond. When an arrest is made for the violation of any county ordinance, regulation, rule or resolution, the party arrested, at his sole dis cretion, may deposit with the Sheriff of Rockdale County a sum of money to insure his appearance in said magistrate's court for trial, said deposit to be in lieu of bond and not to be less than $50.00 or more than $200.00; and said party shall be released as if bond had been given. Where such cash deposit has been made in lieu of bond and the person making such deposit shall fail to appear before said court at the time appointed, said sum of money shall be forfeited by the owner thereof and paid over by the Sheriff of Rockdale County to the county depository as general funds of said county, without necessity of any further notice or proceedings. Section 28. Acceptance of Forfeiture in Lieu of Fine. In all cases of forfeiture of bonds or cash deposits in lieu of bond, the judge of the magistrate's court shall be author ized, in his discretion, to accept the payment of such forfeitures in lieu of fines, and as final disposition of said charges. If the same is not so accepted, such forfeitures shall not be a bar to further proceedings against such offenders for the violations charged. Section 29. General Powers of Court. Said magistrate's court is hereby granted all general powers heretofore or hereafter granted by any Act of the General Assembly of Georgia to any police or magistrate's court in this State, municipal or otherwise. Section 30. General Powers of Board. The Board of Commissioners of Rockdale County shall have the full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act and to expend any public funds for such purposes. Section 31. Small Claims, (a) There is hereby created and established a Small Claims Division of the Magistrate's Court of Rockdale County. Said division shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. (b) The judge of the magistrate's court shall serve as judge of the Small Claims Divi sion. (c) The clerk of the magistrate's court shall serve as clerk of the Small Claims Divi sion. (d) (1) Actions in the Small Claims Division shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. (2) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Division, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said division for that purpose. (3) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the post age from monies collected for that purpose, and mail the same forthwith, noting the 2588 JOURNAL OF THE HOUSE, date of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked "refused", giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (4) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (5) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (6) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. (e) A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. (f) (1) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discre tion of the judge, and such costs shall be taxed in the cause at his discretion. (2) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Division, the levying officer shall forthwith return the same to said division of the magistrate's court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Division. The same rules of practice and procedure shall apply as in cases of affidavits of ille gality. All attachment proceedings shall be tried by the judge and without a jury. (g) (1) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (2) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (3) If the plaintiff fails to appear, the suit may be dismissed for want of prose cution, the defendant may proceed to a trial on the merits, or the case may be contin ued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. (h) If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the division, he may use a part thereof to offset the claim of the plaintiff. (i) When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay MONDAY, MARCH 6, 1978 2589 execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. (j) The judge of said Small Claims Division shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. (k) The Judge of the Magistrate's Court of Rockdale County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. (1) The Sheriff of Rockdale County and his deputies shall serve summons, make levies and sales, and serve as bailiffs of said Small Claims Division. (m) A judgment of said Small Claims Division shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. (n) Appeals may be had from judgments returned in the Small Claims Division of the Magistrate's Court of Rockdale County to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the supe rior court, shall be applicable to appeals from the Small Claims Division to the superior court, the same to be a de novo appeal. (o) Until otherwise provided by the rules of the court, the statement of claim, veri fication, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: "Small Claims Division of the Magistrate's Court of Rockdale County ___________________ Georgia Plaintiff Address vs. Defendant Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiffs claim and, if the action is on a contract, either express or implied, the original statement of the plaintiffs claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:) State of Georgia County of ___________________ ___________________ being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense. Sworn and subscribed before me this _______ day of ______ Notary Public (or Attesting Official) Plaintiff (or Agent) _, 19 2590 JOURNAL OF THE HOUSE, Notice. TO: Defendant Home Address or Business Address You are hereby notified that ___________________ has made a claim and is requesting judgment against you in the sum of ____________________ dollars ($____________________), as shown by the foregoing statement. The court will hold a hearing upon this claim on ____________________ at ________________.m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing. If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hear ing in person and state the circumstances to the court. You may come with or without an attorney. (Seal)." Judge-Clerk of the Small Claims Division of the Magistrate's Court of Rockdale County (p) All office space, courtroom facilities, forms, docket books, file jackets, filing cabi nets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. (q) Said Small Claims Division shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and execu tions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. (r) A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. (s) The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Divi sion. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of $5.00. Section 32. Operations; Funds. Funds for operation of court shall be paid out of the general funds of Rockdale County. All expenses necessary for the efficient operation of said court including, but not limited to, the salary of the judge and solicitor, salaries of MONDAY, MARCH 6, 1978 2591 clerical assistants, salaries of the court reporter when authorized by the judge of said court, supplies, materials, furniture, furnishings, equipment, and any other expenditure necessary or needful for carrying into effect and maintaining this court shall be paid by the governing authority of Rockdale County. Section 33. Severability. In the event any provision of this Act shall be held illegal, void or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal, void or unconstitutional, shall remain in full force and effect. Section 34. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment to the Senate substitute was read and adopted: Representative Vaughn of the 57th moves to amend the Senate substitute to HB 1980 by deleting from line 22, Sub-Section "B" of Section 2 the figure "$3,000.00" and substi tuting a new figure of "$2,000.00". Representative Vaughn of the 57th moved that the House agree to the Senate substi tute, as amended by the House, to HB 1980. On the motion, the ayes were 103, nays 0. The motion prevailed. HB 1972. By: Representative Adams of the 79th: A BILL to amend an Act incorporating the City of Molena so as to change the terms of the mayor and aldermen and provide for staggered terms; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1972 as follows: By adding on line 5 of page 1 after the following: "staggered terms", the following: "and for certain designations relating thereto". Representative Adams of the 79th moved that the House agree to the Senate amend ment to HB 1972. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was again taken up for consideration: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living fac tors; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. 2592 JOURNAL OF THE HOUSE, Representative Vaughn of the 57th moved that speakers be limited to 5 minutes, plus questions and answers, and that the Chairman of the Committee from which SR 289 was favorably reported be allowed 20 minutes. The motion prevailed. The following Committee substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to levy a special one percent (1%) retail sales and use tax for educational purposes; to provide for distribution of the pro ceeds of such tax; to provide for administrative costs of this tax; to provide for a reduction in the annual school tax millage on certain classes of property; to provide for all other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII of the Constitution is hereby amended by adding two new paragraphs at the end thereof, to be designated Paragraph III and Paragraph IV respectively, to read as follows: "Paragraph III. Special State Sales and Use Tax for Education, (a) There is hereby levied beginning January 1, 1979, a special retail sales and use tax for educational pur poses at the rate of one percent (1%). The tax imposed by this Paragraph shall corre spond, so far as practicable, except as to rate, with the retail sales and use tax levied by the Georgia Retailers' and Consumers' Sales and Use Tax, approved February 20, 1951 (Ga. Laws 1951, p. 360), as now or hereafter amended. The General Assembly may provide by law a bracketing system for the collection of the tax levied by this Para graph. Items and transactions which are not subject to said retail sales and use tax shall not be subject to the one percent (1 %) retail sales and use tax levied by this Paragraph, (b) (1) Notwithstanding the provisions of Article III, Section X, Paragraph VII, an amount equal to all money received by the State in each State fiscal year from the tax levied by this Paragraph, less the amount of refunds, rebates, collection costs, and administrative costs authorized by this Section or by law, is appropriated to the State Department of Education, or its successor agency, for each following State fiscal year. (2) (A) An amount of the funds appropriated to the State Department of Educa tion by this Paragraph in each year shall be allocated to each public school system in this State in the same ratio as the ratio of the total enrollment of the public and accredited nonpublic schools in the school district bears to the total enrollment of public and accredited nonpublic schools in the State as a whole. (B) As used in this subparagraph, 'accredited' means accredited by: the South ern Association of Colleges and Schools or the Georgia Accrediting Commission; any accrediting association recognized by the Georgia Department of Education; the Southeastern Association of Independent Schools; or any successor of any such asso ciation or commission. (C) As used in this subparagraph, 'public and nonpublic schools' does not include postsecondary schools, colleges, or institutions. (3) The money appropriated by this Paragraph shall be used for educational pur poses and shall be available for the purposes of this Paragraph regardless of whether the General Assembly enacts a General Appropriations Act or not, but the General Assembly may appropriate funds for the purposes of this Paragraph in excess of the amount of money appropriated by this Paragraph. The expenditure of the money appropriated by this Paragraph shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Consti tution and laws of this State, unless such provisions are in conflict with the provisions of this Paragraph, except that the money appropriated by this Paragraph shall not be subject to budgetary reduction. MONDAY, MARCH 6, 1978 2593 (c) One percent (1%) of all money derived from the retail sales and use tax levied in this Paragraph shall be paid into the general fund of the State Treasury to defray the costs of the administration of the tax levied by this Paragraph. (d) The General Assembly may provide by law for the retention in the State Treas ury of funds which otherwise would be distributed to a school district pursuant to this Paragraph when the funds are deemed to be surplus and in excess of the legitimate expenses of the school district for educational purposes in that fiscal year. The identifi cation and use of such funds shall be determined as provided by law. Paragraph IV. Reduction of millage: benefit of sales tax to be shown on tax bill, (a) Beginning January 1, 1980, the annual school tax mill rate for each school district on property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor shall be adjusted as provided in this Paragraph. (b) The mill rate necessary to produce revenue from taxation of tangible property in the school district which, when combined with other revenues reasonably expected to be received by the school district during the year other than revenues derived from the tax imposed pursuant to this Section, would provide revenues sufficient to defray the expenses of the school district for the year shall be computed. (c) The mill rate ascertained as provided in subparagraph (b) shall then be reduced by a mill rate which, if levied against the tangible property within the school district owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the school district during the preceding year. The mill rate produced by such reduc tion shall then be certified to the authority levying the tax as the annual school tax levy for the school district for property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor, except that the mill rate so certified to the authority levying the tax shall not exceed a mill rate which is the difference between the lawful mill rate limitation in effect in the school district and the mill rate representing the proceeds of the sales tax for educational purposes received by the school district during the previous year. (d) The mill rate ascertained as provided in subparagraph (b), without the reduction provided in subparagraph (c), shall be certified to the authority levying the tax as the annual school tax levy for the school district for property owned by taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor. (e) Each bill for ad valorem school taxes on property owned by taxpayers other than taxpayers required to return their property for ad valorem taxation to the State Revenue Commissioner or his successor shall show as a credit against school taxes, which otherwise would have been levied in the district on such property to enable the district to raise the total of its revenues from the school tax and the sales tax for educational purposes, the amount of benefit to the taxpayer as a result of the sales tax levied by Paragraph III of this Section." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES Shall the Constitution be amended so as to provide for the levy of a spe cial one percent (1%) retail sales and use tax for a tax credit at the local NO level for educational purposes?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. 2594 JOURNAL OF THE HOUSE, The following amendment was read: Representatives Hill of the 127th and Scott of the 123rd move to amend the Commit tee substitute to SR 289 by adding a new Section 2 and renumber all sections accord ingly; the new section to read: "Notwithstanding any provision herein to the contrary, this Act and the benefits relat ing to property tax reductions shall apply only to property which is eligible for home stead exemption.". On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.K. N Beck, J.M. N Beckharo, B. N Benefield. J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. N Burruas, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Cames, C. N Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. N Diion, H.D. Y Dover, Bill N Edwards, W. Y EUiott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gainniage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. N Ham, B. Y Hamilton, G. N Banner, B. N Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. Ylrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(BU1) N Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. Y Scott, A. On the adoption of the amendment, the ayes were 50, nays 117. The amendment was lost. Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representatives Swann of the 90th and Hill of the 127th move to amend the Commit tee substitute to SR 289 by deleting the period on page 1, line 18 and adding the follow ing: "; provided, however, this special tax shall not apply to food or prescription drugs.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: MONDAY, MARCH 6, 1978 2595 Y Adams, G. N Adams, Marvin N Andersen, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. N Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. N Dixon, H.D. N Dover, Bill N Edwards, W. N Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Galer, M. Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. Y Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phimps, W.R. Y Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. N Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Savage, J. Y Scott, A. On the adoption of the amendment, the ayes were 56, nays 112. The amendment was lost. Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Waynejr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read and adopted: Representative Jones of the 126th moves to amend the Committee substitute to SR 289 by striking on page 2, line 16, the word "accredited" and Paragraph "B" and renum bering all other paragraphs accordingly. The following amendment was read: Representative Carnes of the 43rd moves to amend the Committee substitute to SR 289 by striking on line 30, page 5 the words "educational purposes" and substituting therefor the words "property tax relief. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. N Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. Y Connell, J. N Cooper, B. Y Cox, W.E. N Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. N Dixon, H.D. N Dover, Bill N Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Y Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. 2596 JOURNAL OF THE HOUSE, N Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawking, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, KG. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. N Phillips, L.L. N Phfflips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Roes, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne^Ir. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. On the adoption of the amendment, the ayes were 61, nays 109. The amendment was lost. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Tuten, J. NTwiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y WUliamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker An amendment, offered by Representative Pilewicz of the 41st, was read and ruled out of order. The following amendment was read: Representative Williamson of the 45th moves to amend the Committee substitute to SR 289 as follows: By striking in its entirety subparagraph (b) (2) of Paragraph III, as added to the Con stitution by CS/SR 289, and inserting in lieu thereof a new subparagraph (b) (2) to read as follows: "(2) The amount appropriated to the State Department of Education by this Para graph shall be divided among the public school systems in this State as follows: fifty percent shall be distributed based upon the ratio that total personal income in the district (as reported by the United States Department of Commerce or its successor agency) bears to total personal income in the State as a whole and fifty percent shall be distributed based upon the ratio that the population of the district (based upon the most current United States Decennial Census) bears to the population of the State as a whole." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Cames, C. N Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. Y Coleman, T. N Collins, M. N Colwell, C.H. Y Connell, J. N Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill N Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gfuxunage, L. N GigniUiat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Y Hamilton, G. N Manner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F. Jr. Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. MONDAY, MARCH 6, 1978 2597 N Hudson, Ted N Hutchinson, R.S. Ylrvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCoUum, H. Y McDonald, L. Y McKinney, J.E. N MUford, B. N Money, J. N Mostiler, J.L. N Mullinaz, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. Nil, K. Y Noble, Bill Y Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Roes, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Y Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swaim, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. On the adoption of the amendment, the ayes were 65, nays 104. The amendment was lost. N Tucker, R.M. Y Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y WUliamson, G. N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read and adopted: Representatives Walker of the 115th, Collins of the 144th, and Russell of the 64th move to amend the Committee substitute to SR 289 by deleting the word "a" on line 157, page 5 and substituting in lieu thereof the words "an ad valorem" so that when so amended the question to appear on the ballot shall be: "Shall the Constitution be amended so as to provide for the levy of a special one per cent (1%) retail sales and use tax for an ad valorem tax credit at the local level for edu cational purposes?". The following amendment was read: Representatives Karrh of the 106th and Taggart of the 125th move to amend Commit tee substitute to Senate Resolution 289 as follows: By inserting on line 29 on page 2 after the word and symbol, "commission.", the fol lowing: "For the purposes of this paragraph, a nonpublic school is 'accredited' if the school is an exempt organization pursuant to Section 501 (c) (3) of the United States Internal Revenue Code of 1954, as amended, or its successor provision of the United States Internal Revenue Code." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. N Bishop, S. Y Bolster, P. Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. 2598 JOURNAL OF THE HOUSE, N Greer, J.W. N Ham, B. N Hamilton, G. Y Banner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. N Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jeasup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y KUgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.B. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhilUps, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Savage, J. Y Scott, A. N Scott, D. N Sizemore, E. N Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. On the adoption of the amendment, the ayes were 126, nays 38. The amendment was adopted. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. N Williams, R. N Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representatives McKinney of the 35th, Clark of the 55th, and Hill of the 127th move to amend the Committee substitute to SR 289 by adding a section to read: "Notwithstanding any provision herein to the contrary, no reduction of ad valorem taxes shall inure to the benefit of the following classes of property: property held by Public or private utilities for general operations, property held by banking institutions for general operations, property held by corporations for general operations where said corporations receive gross receipts per annum in excess of 5 million dollars. On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. N BurrusB, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. N Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H Y Connell, J. N Cooper, B. N Coi, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. N Diion, H.D. N Dover, Bill N Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. N Ham, B. Y Hamilton, G. N Hanner, B. Y Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. N Irvin, J. Y Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Y Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinai, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. Phillips, W.R. Y Pilewicz, G. N Pinkston, F.C. Y Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. MONDAY, MARCH 6, 1978 N Reaves, H.L. Y Richardson, E. Y Robinson, C. N ROBS, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby On the adoption of the amendment, the ayes were 61, nays 108. The amendment was lost. 2599 White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y WUliamson, G N Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The following amendment was read: Representatives Hill of the 127th and Dean of the 29th move to amend the Committee substitute to SR 289 by striking Sections b 1 through Sections 2 A, B (3) (C) (d) and Paragraph IV (b) (c) (d) (e) in their entirety. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. N Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. Y Guilders, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N ColweU, C.H. N Connell, J. N Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Y Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. N DUon, H.D. N Dover, Bill N Edwards, W. Y Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Y Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R. N bakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinu, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nix, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillipe, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. N Robinson, C. N ROBS, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the amendment, the ayes were 46, nays 127. The amendment was lost. On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. N Bolster, P. 2600 Y Bray, C.A. Y Buck, T.B. Y Burruw, A.L. N Burton, J. N Butler. D. N Canty, H. Y Carlisle, J. N Games, C. Y CarreU, B. N Cason, G. Y Caatleberry, D. Y Chance, G. Y Childen, E.M. N Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, RA. N Deveaux, C. Y Dixon, H.D. Y Dover, Bill JOURNAL OF THE HOUSE, Y Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Gammage, L. N Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. N Hamilton, G. Y Manner, B. Y Harris, B.B.^r. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.Jr. N Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. N Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. NIrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. N Johnston, J. N Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) N Lendennan, M. N Under, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y PhUlips, R.T. Y Phillips, W.R. N PUewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Y Rose, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. N Scott, D. Y Sizemore, E. N Smith, V.B. N Smyre, C. Y Snow, Waynejr. N Steinberg, C. Y Stone, R. N Swann, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the Committee substitute, as amended, the ayes were 120, nays 54. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended. On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. Y Burruis, A.L. N Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. N Games, C. Y CarreU, B. N Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. N Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. N Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. N Daniel, G. N Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. N EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Gammage, L. N Gignilliat, A. Y Glanton, Tom N Glover, M. Y Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. N Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. N Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y KUgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) N Lendennan, M. N Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. N Scott, D. MONDAY, MARCH 6, 1978 2601 Y Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Waynejr. N Steinberg, C. Y Stone, R. N Swann, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. N Walking, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. N Willianuon, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, as amended, the ayes were 120, nays 55. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute, as amended. Representative Greer of the 43rd stated that he had inadvertently voted "nay" on the adoption of SR 289, by substitute, as amended, but intended to vote "aye" thereon. Representative Carnes of the 43rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite two-thirds constitutional major ity to SR 289, by substitute, as amended. The notice was ruled out of order. Representative Carnes of the 43rd moved that the House reconsider its action in giving the requisite two-thirds constitutional majority to SR 289, by substitute, as amended. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. N Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. N Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. N Connell, J. N Cooper, B. N Coi, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. N Diion, H.D. N Dover, Bill N Edwards, W. Y Efflott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Gmnnmge, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. Y Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. N Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. On the motion, the ayes were 54, nays 120. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N MostUer, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. N Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N ROM. Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Y Smyre, C. N Snow, Wayne^Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. NTwiggs, R N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Y WilUamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker 2602 JOURNAL OF THE HOUSE, The motion was lost. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1312. By: Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th, Nichols of the 27th, Auten of the 154th, Owens of the 77th, Nix of the 20th, and Looper of the 8th: A BILL to amend Code Chapter 54-99, relating to crimes respecting industrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty; and for other purposes. The Senate has adopted the reports of the Committees of Conference on the following Bills of the House and Senate: HB 1224. By: Representatives Lambert of the 112th, Murphy of the 18th, Harris of the 8th, Vaughn of the 57th, and Collins of the 144th: A BILL to provide appropri ations for the fiscal year beginning July 1, 1978, and ending June 30, 1979; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 236. By: Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st, Hudson of the 35th, and others: A BILL to amend an Act approved Mar. 16, 1972, known as the "Geo. L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the Geo. L. Smith II Georgia World Congress Center Authority relative to the operation and management of the Geo. L. Smith II Georgia World Congress Center; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1417. By: Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, Culpepper of the 98th, Felton of the 22nd, Dover of the llth, Watson of the 114th, and others: A BILL to amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to clarify a certain ineligibility; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1711. By: Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th, Carnes and Horton of the 43rd, Snow and Hays of the 1st, Sizemore MONDAY, MARCH 6, 1978 2603 of the 136th, Hill of the 127th, and others: A BILL to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; and for other purposes. HB 1427. By: Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th: A BILL to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1345. By: Representative McDonald of the 12th: A BILL to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation; to provide exceptions; to provide for hearings; to provide an effective date; and for other purposes. The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House: HR 586-1710. By: Representatives Beck of the 148th, Adams of the 79th, and Patten of the 146th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for the publication of a summary of each proposed general amend ment to the Constitution; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1683. By: Representatives Butler, Tolbert and Johnston of the 56th, Elliott of the 49th, and Snow of the 1st: A BILL to amend Code Section 26-1312, relating to the crime of interference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide a penalty; to provide for editorial revision; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1485. By: Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th, Swann of the 90th, Dent of the 85th, Butler of the 56th, Lane of the 40th, Gammage of the 17th, and others: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect pro ceeds from the local option sales tax; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time: SB 557. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend an Act known as the "Adequate Program for Education in 2604 JOURNAL OF THE HOUSE, Georgia Act," approved March 26, 1974, so as to provide local units of adminis tration with the authority to utilize adult education personnel to manage com munity education activities; to provide for matters relating thereto; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Aoderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdaong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Y CarreU, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childa, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y CoUina, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. DaTM, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, RX. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. YHam, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Harm, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkira, J. Y Hays, F. Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Under, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Miltbrd, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, RL. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkaton, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. RandaU, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Roes, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H. Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed. SR 297. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A RESOLUTION Creating the Georgia School Law Recodification Committee to study the recodification of the Georgia School Laws; and for other purposes. WHEREAS, the Georgia School Laws have not been recodified since 1932; and WHEREAS, many sections of the Georgia School Laws are duplicative of others; and WHEREAS, the authority and duties of some educational agencies and officials are repeated frequently; and WHEREAS, the role and responsibilities of some educational agencies and officials are not clearly specified in some instances; and MONDAY, MARCH 6, 1978 2605 WHEREAS, the interrelationships between and among the various educational agen cies and officials are uncertain in some instances; and WHEREAS, some sections of the Georgia School Laws are clearly inconsistent or in conflict with current educational practice in the State; and WHEREAS, it is frequently difficult for laymen and educators alike to find necessary references in School Laws or to understand the content once the appropriate reference is found; and WHEREAS, Article VIII of the Georgia Constitution concerning public education is scheduled for revision by 1982 and an effort to recodify Georgia's Schools' Laws would be consistent and supportive of the Constitutional Revision; and WHEREAS, a concise, current, and clearly defined codification of Georgia School Laws would guide the development and operation of the State's public education efforts, it is only fitting and proper that a study with respect to the recodification of Georgia School Laws be undertaken. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia School Law Recodification Committee. The Committee shall be comprised of five citizens and educators appointed by the Gover nor, two members of the House of Representatives appointed by the Speaker of the House; two members of the Senate appointed by the President of the Senate, and two officials of the Georgia Department of Education appointed by the State Superintendent of Schools. The Governor shall designate one member to be Chairman, and the Committee shall meet upon the call of the Chairman. The Committee shall conduct a study of the Georgia School Laws and recommend to the General Assembly a recodification of the School Laws which will be concise, clear, and easily used and understood by educators and laymen alike. The Committee shall also recommend legislative changes which would elimi nate unnecessary duplications, would clarify interrelationships between and among educa tional agencies and officials; would clarify the authority, the roles and the responsibilities of educational agencies and officials; and would repeal outdated provisions. The Commit tee shall be assisted in its study by one or more legal consultants under contract to the Georgia Department of Education for this purpose; provided, however, that the selection of such consultants are subject to the approval of the Governor and the Attorney General of the State. The legislative members of the Committee shall receive the compensation and allowances which are authorized by law for members of interim legislative study commit tees, which shall be paid from the funds appropriated and available to the legislative branch of State government. The other members of the Committee shall be reimbursed for their actual expenses incurred in the discharge of the official duties of the Committee for meals, lodging and travel. When traveling by private passenger motor vehicle, members, other than legislative members, shall receive that mileage allowance authorized by law for State officials and employees for the use of their private passenger motor vehicle. Except as otherwise provided as to legislative members, the funds necessary to carry out the provisions of this Resolution shall come from the funds appropriated and available to the State Department of Education. The Committee shall submit its final report of its study and its recommendations for proposed recodification and legislative changes to the Gover nor and to the General Assembly on or before January 15, 1980, at which time the Com mittee shall stand abolished. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: YAd,ny bond debt service requirements on any property transferred pursuant to this Act; to provide conditions for the effectiveness of this Act and for an effective date; to provide for an exception hereto; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. As used in this Act, the term "garbage disposal system" shall include sanitary landfill areas, motor vehicles, and all other land, materials, equipment, supplies, and personnel that may be necessary to dispose of garbage, refuse, and industrial and con struction waste. Section 2. The provisions of this Act shall not be applicable to solid waste collec tion, volume reduction facilities u equipment, inactive incinerator facilities, or transfer equipment, stations, or sites, nor shall the provisions of this Act be applicable to the City of East Point. Section 3. After midnight December 31, 1978, all public garbage disposal systems in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, funded, and continued in existence by Fulton County, and no municipality located wholly or partially within Fulton County may operate a public garbage disposal system. Section 4. Fulton County shall establish uniform user fees and rates for public, pri vate or commercial use of any public garbage disposal system operated by the County. Section 5. On or before January 1, 1979, each municipality located wholly or par tially within Fulton County, which operates a garbage disposal system shall transfer to Fulton County all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in the normal operation of the said garbage disposal system. 2644 JOURNAL OF THE HOUSE, Section 6. Except as otherwise provided in this Act, on or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a gar bage disposal system shall transfer to Fulton County, the legal title to all real property utilized for the garbage disposal system, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event Fulton County shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pur suant to this Section for a garbage disposal system, legal title to said real property will automatically revert to the transferring municipality. Section 7. On or before January 1, 1979, each municipality located wholly or par tially within Fulton County, shall lease to Fulton County all real property subject to bond debt service requirements, which is used by said municipality as part of a garbage disposal system. During the term of said lease, Fulton County shall make lease payments on said property in an amount equal to the bond debt service. Upon discharge and retirement of said bonds, the municipality shall transfer legal title to the real property to Fulton County pursuant to the procedures established in Section 6 of this Act. Section 8. Persons who are full-time, permanent employees of any municipally operated garbage disposal system transferred to Fulton County pursuant to this Act, shall have the right to enter the employment of Fulton County without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with an existing municipality which are abolished by the transfer of the garbage disposal system. No employee transferred to Fulton County shall suffer a decrease in salary as a result of being transferred. All transferred employees shall be assigned by the County government to a position of employment similar to that occupied by the employee with the former system. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involv ing seniority or requiring computation of the period of employment, the former employ ment with the municipality shall be given the same effect as employment with the County government. Section 9. As to pension and retirement rights and benefits of employees being transferred from a municipality to the county, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contri butions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts with drawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be enti tled to receive no less benefits from such Pension Fund than would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer MONDAY, MARCH 6, 1978 2645 on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 10. This Act shall become effective only if an amendment to the Constitu tion providing for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decen nial Census of 1970 or any future such census or within any municipality located wholly or partially within such county and providing for matters relative thereto is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HB 1606. On the motion, the ayes were 126, nays 0. The motion prevailed. HB 1607. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to create the Unified Atlanta-Fulton County Water and Sewer System; to pro vide a short title for this Act ("Unified Atlanta-Fulton County Water and Sewer System Act"); to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisi tion and transfer of property to such system; and for other purposes. The following Senate substitute was read: A BILL To create the unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act; to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system; to provide for uniformity of rates, fees, charges, and assess ments; to provide that the City of Atlanta shall own, operate, manage, and finance the Atlanta-Fulton County Water and Sewer System; to prohibit the operation of any other water or sewer system by either the City of Atlanta or Fulton County; to create the Atlanta-Fulton County Water and Sewer System Board; to provide for the powers and duties of said board; to provide for the composition and for the manner of appointment of members to said board; to provide for rules and regulations; to provide for the payment 2646 JOURNAL OF THE HOUSE, or refunding of outstanding revenue bonds of the City of Atlanta, Fulton County and other municipalities which join said system; to provide conditions for the effectiveness of this Act and for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Short Title. This Act shall be known and may be cited as the "Unified Atlanta-Fulton County Water and Sewer System Act." Section 2. System Created. The water and sewer systems of the City of Atlanta and Fulton County are hereby merged into a single unified system to be known as the "Atlanta-Fulton County Water and Sewer System," which shall be owned, managed, main tained, operated and financed by the City of Atlanta, pursuant to authority granted to the City of Atlanta by the Constitution and general or local laws of this State. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The terms "Atlanta-Fulton County Water and Sewer System", or "AtlantaFulton County System", or "System" shall mean the Atlanta-Fulton County Water and Sewer System created by Section 2 of this Act. (b) The word "Board" shall mean the Atlanta-Fulton County Water and Sewer Sys tem Board which shall have the sole responsibility for developing a long-range, comprehen sive water and sewer development plan for Fulton County. (c) The term "service area" shall mean the geographical area embraced as of May 31, 1979, where water or sewer services, or both, are furnished to retail customers by the City of Atlanta water and sewer systems and the Fulton County water and sewer systems and such additional geographical area as may thereafter be included in, and added to, the Atlanta-Fulton County Water and Sewer System. (d) The "Uniform Retail Rate" shall mean that the City of Atlanta shall charge the same unit price for water or sewer service to retail customers using the same volume of such service, irrespective of where said retail customers are located within Fulton County. Section 4. Purpose of the Atlanta-Fulton County System. Without limiting the generality of any provision of this Act, the general purpose of the Atlanta-Fulton County System is declared to be that of acquiring an adequate source or sources of water supply and purification of such water, and thereafter the distribution of the same through out the service area, and to the municipalities lying wholly or partially within Fulton County, and further for the general purpose of gathering and treatment of waste from individuals, municipalities and industry. These provisions shall be construed to mean that all individual sections and areas of the County shall have access to the Atlanta-Fulton County System and the reasonable expansion thereof on the basis of equal consideration. Selling and delivering water directly to consumers in those areas of Fulton County where there do not now exist water distribution systems and furnishing sewer facilities to such customers is a primary objective of the Atlanta-Fulton County System. Section 5. Limitations, (a) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct water lines for the dis tribution of water directly to customers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality. (b) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality, without first obtaining the express writ ten consent of the appropriate governing body of such municipality. Section 6. Rates, Charges and Revenues, (a) The City of Atlanta shall have the power to prescribe and fix rates and assessments and to revise the same from time to time, and to collect fees, assessments, tolls and charges for the services, facilities and commodi ties furnished under the provisions of this Act. The City of Atlanta shall establish and maintain uniform rates and assessments for all retail customers of the Atlanta-Fulton MONDAY, MARCH 6, 1978 2647 County System within the City of Atlanta and Fulton County and within any municipality lying wholly or partially within Fulton County, and maintain uniform rates and assess ments for all wholesale customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within all municipalities lying wholly or partially within Fulton County, including such municipalities themselves. Rates, assessments, and charges shall be based on the cost of operating, maintaining, replacing, adding to or extending, improving, and financing the system, and the cost of providing the reasonable expansion of the system. The uniform wholesale rate shall be defined as the uniform retail rate less the cost of customer service, which shall include, but not be limited to, the cost of admin istrative overhead and of serving lateral mains. (b) All revenues of the system shall be used or reserved for use exclusively for oper ation, maintenance, replacements, additions, extensions, improvements, and financing of the system, and no such revenues shall be used directly or indirectly to finance any other governmental service, except as otherwise provided in City of Atlanta bond covenants existing on May 31, 1979. (c) Any excess revenues of the system, after paying all costs of operation, mainte nance, replacements, additions, extensions, and improvements of the System, costs and reserves necessary for financing the system, and monies used to acquire or call for redemp tion or otherwise pay the principal of or interest on any bonds issued to finance the Sys tem shall be used to reduce water and sewer rates. Section 7. Independent Rate Study. Immediately upon the creation of the Atlanta-Fulton County System, the City of Atlanta shall contract with an independent entity to conduct a study and to make recommendations concerning the uniform retail rates and the uniform wholesale rates. Section 8. Municipalities Requesting Services, (a) Any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water and sewer system, may request and require the Atlanta-Fulton County System to furnish water and sewer services to said municipality at the uniform wholesale rate. Except for the provision of such water and sewer services at wholesale rates to municipalities lying within Fulton County, any such municipality shall not unilaterally require the Atlanta-Fulton County System to furnish water or sewer services for customers residing outside the ser vice area of the Atlanta-Fulton County System. (b) The Atlanta-Fulton County System shall not be required, except with its consent and by contract, to advance any funds or incur any expense in providing the services pur suant to this Section. Section 9. Transfer of Property from County. On or before June 1, 1979, Fulton County shall transfer and convey by appropriate instrument to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (except outstanding revenue bonds of Fulton County which shall be governed by the provi sions of Sections 18(a) and 18(b)), and all other real and personal property in any way used in, related to or arising out of the operation of the Fulton County Water and Sewer Systems. All monies heretofore collected and held in escrow as of one month after the effectiveness of this Act by the City of Atlanta from residents of Fulton County, outside the City of Atlanta, as a surcharge for water services for the purposes of repaying revenue bonds issued by Fulton County shall be used by the Atlanta-Fulton County Water and Sewer System for replacements, additions, extensions and improvements for that portion of the Atlanta-Fulton County System lying in the geographical area from the residents of which such monies were collected, within two years of the effectiveness of this Act. The Atlanta-Fulton County Water and Sewer System Board and the governing authority of Fulton County shall, by mutual agreement, determine the exact use of such monies in said area, and in conformity with this Section. As of one month after the effectiveness of this Act, said surcharge will cease to be collected. Section 10. Existing System of the City. On or before June 1, 1979, all assets, records, employees, causes of action, rights, contractual obligations, debts and all other real 2648 JOURNAL OF THE HOUSE, and personal property used in the operation of the City of Atlanta Water and Sewer Sys tem, shall remain in that system which shall become the Atlanta-Fulton County System established by this Act. Section 11. Operation of Other Systems, Prohibited. After midnight May 31, 1979, the City of Atlanta and Fulton County shall be prohibited from owning and oper ating any water and sewer system other than the Atlanta-Fulton County System. Section 12. Right of Municipalities to Join the System. On or before June 1, 1981, any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water or sewer system or both shall have the right to join the AtlantaFulton County Water and Sewer System. After June 1, 1981, any such municipalities may join the Atlanta-Fulton County Water and Sewer System with the approval of the govern ing authority of the City of Atlanta. Upon joining the Atlanta-Fulton County System, all services within said system shall be provided by the Atlanta-Fulton County System, and said municipality will be subject to the regulations and restrictions imposed upon the City of Atlanta and Fulton County by this Act. Upon joining the Atlanta-Fulton County Sys tem, such municipality shall transfer, by appropriate instrument, to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (except outstanding revenue bonds of said municipality which shall be governed by the provisions of Section 19) and all other personal property in any way used in, or related to, or arising out of the operation of the municipal water and sewer system. Section 13. Transferring Existing Facilities to Another System. The City of Atlanta may, with the approval of its governing body and in compliance with existing and future covenants and ordinances authorizing the issuance of outstanding and future revenue bonds, convey any portion of the unified water distribution system, together with all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable, revenue debts, and all other real and personal property in any way used in, related to or arising out of the operation of said portion of said system, to any municipality lying wholly or partially within Fulton County, which, as of the effec tive date of this Act, owns, operates and manages its own water distribution system and whose geographic territory encompasses, as of the effective date of this Act, a portion of the Fulton County system as a result of prior annexation of unincorporated areas of Fulton County, when the governing body of said municipality requests from the City of Atlanta the conveyance of said portion of said system; provided that the governing body of the requesting municipality may, by contract, purchase water from the Atlanta-Fulton County System at a uniform wholesale rate. Contemporaneously with the effectiveness of this Act, Fulton County shall, upon request of any municipality and the City of Atlanta transfer to such municipality any part of the water and sewer system operated by Fulton County immediately prior to such effectiveness lying within such municipality's territorial limits upon payment by such municipality of an amount agreed to by the City of Atlanta which shall consist of all costs, direct or indirect (including financing cost and debt ser vice), paid or incurred by Fulton County or the City of Atlanta for that portion of such system being transferred and all costs incurred or to be incurred by Fulton County or the City of Atlanta as a result of or in connection with such transfers. The amount so paid by any such municipality shall be used to refund bonds as provided in Section 20 hereof. Section 14. Employees of Existing Systems. Persons who are full-time, perma nent employees of any water or sewer system transferred to the Atlanta-Fulton County System shall have the right to enter the employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall only apply to those positions with existing water or sewer systems which are abolished by the dissolution of those systems. No employee transferred to the Atlanta-Fulton County Sys tem shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Atlanta-Fulton County System to a position of employ ment similar to that occupied by the employee with the former water or sewer system. After being so assigned, all such employees shall be subject to the Civil Service laws and MONDAY, MARCH 6, 1978 2649 regulations of the City of Atlanta and shall receive all benefits provided by the City. Noth ing in this Section shall affect the power of the Atlanta-Fulton County System or any duly authorized officer to dismiss employees for grounds set forth in existing laws and regula tions. Section 15. Pension and Retirement Rights. As to pension and retirement rights and benefits of employees being transferred to the City, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contri butions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts with drawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be enti tled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 16. Water and Sewer System Board Created; Composition and Appointment, (a) There is hereby created the Atlanta-Fulton County Water and Sewer System Board which shall be composed of nine members appointed in such manner as hereby provided. (b) The Mayor of the City of Atlanta shall appoint four members to serve on the Board, subject to the confirmation by the Council of the City of Atlanta. Two of the mem bers appointed by the Mayor of the City of Atlanta shall be members of the Atlanta City Council and the remaining two members to be appointed by the Mayor of Atlanta shall be residents of the City of Atlanta. Of the remaining five members, the Fulton County Board of Commissioners shall appoint four. One such member shall be appointed from the Fulton County Board of Commissioners by the Fulton County Board of Commissioners, and the remaining three members appointed by the Commissioners shall be residents of Fulton County who reside outside the Atlanta corporate limits. The ninth member shall be a citizen of Fulton County elected by the other eight members. The ninth member shall serve as chairman. Each member of the Atlanta-Fulton County Water and Sewer System Board shall serve for a term of four years unless he becomes disqualified or resigns during his term of office, or he is removed for cause at an earlier date, or the office otherwise becomes vacant, in which event the body appointing that member shall appoint a succes- 2650 JOURNAL OF THE HOUSE, sor to complete the term. Initial board members should be appointed on or before June 1, 1979, said date to be the date of commencement of the terms of office of such members. Appointment of successor members to the board shall be in the same manner as provided herein for initial members. Removal of board members shall be by the appointing author ity. The Board shall meet at least monthly and elect a Vice Chairman and Secretary. Section 17. Development of Long-range Plan by Board, (a) The AtlantaFulton County Water and Sewer System Board shall have the sole responsibility for devel oping a long-range, comprehensive water and sewer development plan for the entire service area, to include specified and comprehensive goals and objectives for water and sewer ser vice improvements over a fifteen-year period. The reasonable cost of the development of such a plan shall be borne by the Atlanta-Fulton County System. The Board's comprehen sive plan shall provide for the appropriate location and timing of capital improvements to the water and sewer system including water and sewer lines to serve the system. The longrange plan which shall be updated every five years, shall also include, consistent therewith, comprehensive water and sewer development plans specifying goals and objectives for water and sewer service improvements over a one-year period and a five-year period. Before the plans established pursuant to this Section shall become effective, such plans shall be approved by the Atlanta-Fulton County Water and Sewer System Board pursuant to procedures established by the Board. Upon the Board's own motion or the recom mendation of the City of Atlanta, the Board shall have the authority to change the timing of capital improvements as provided in the plans to coincide with actual development as it occurs. (b) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of water distribution lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the AtlantaFulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water devel opment plan. (c) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of sewer receptor lines and lateral lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan. Any water or sewer lines serving individual properties shall be assessed on a uniform rate basis. (d) In addition to the other duties and responsibilities conferred upon the Board by this Act, the Board shall have the power and authority to: (1) Review and make recommendations to the City of Atlanta with regard to requests for water and sewer services, including denials of such requests, as submitted by any person, firm, corporation or individual from within the service area of the Unified Atlanta-Fulton County Water and Sewer System. (2) Review, monitor and make recommendations to the City of Atlanta concerning the administration and operation of the Unified Atlanta-Fulton County Water and Sewer System; and to require submission of reports, including an annual independent audit, and information as deemed necessary for the exercise of this responsibility and for assuring the efficient operation of the system. (3) Seek redress of grievances, including available remedies of law, on behalf of any citizen within the system's service area who may have a complaint or problem as a result of the operation of the Unified Atlanta-Fulton County Water and Sewer Sys tem. Section 18. Revenue Bonds Not Impaired, (a) Anything in this Act to the con trary notwithstanding, nothing herein shall prohibit or prevent the City of Atlanta from performing and complying in all respects with the terms, covenants, conditions and obli gations under the various ordinances related to the issuance by the City of Atlanta of MONDAY, MARCH 6, 1978 2651 revenue bonds for the purpose of financing the cost of acquiring, operating, maintaining, replacing, adding to, extending and improving its water and sewer system. (b) Anything in this Act to the contrary notwithstanding, nothing herein shall pro hibit or prevent any other municipality which owns, operates and maintains its own water or sewer system from performing and complying in all respects with the terms, covenants, conditions and obligations under the various ordinances related to the issuance by each such city of revenue bonds for the purpose of financing the cost of acquiring, improving and operating its water or sewer system. Section 19. Issuance of Revenue Bonds by City, (a) In order to finance the acquisition of any part of, or any replacements, additions, extensions, and improvements to the Atlanta-Fulton County Water and Sewer System, the City of Atlanta shall have the power to issue and have validated revenue bonds under the Revenue Bond Law (Acts 1937, p. 761, as amended). Likewise, in the manner provided by said law, the City of Atlanta may issue and have validated refunding revenue bonds for the purpose of paying or refunding all or any part of the revenue bonds or certificates heretofore or hereafter issued by the City of Atlanta, by Fulton County, or by any municipality which conveys its water and sewer system to the City of Atlanta under this Act. Said refunding may be accomplished by the sale of such refunding revenue bonds and the application of the pro ceeds of said sale to the retirement of the revenue bonds or certificates being paid or refunded. Such refunding revenue bonds may be sold as provided in the Revenue Bond Law in an amount sufficient for the purpose, and the proceeds thereof may be applied to the payment of principal of and interest (accrued and to accrue) and redemption pre miums on said revenue bonds or certificates, whether at maturity or upon earlier redemp tion prior to maturity in accordance with their terms. Proceeds of such refunding revenue bonds may be invested in direct obligations of the United States of America which, with interest to be earned thereon, will be sufficient to pay when due all principal, interest and redemption premiums to become due on the revenue bonds or certificates being paid or refunded; thereupon provision shall be deemed made for the payment of said revenue bonds or certificates when said refunding revenue bond proceeds and investments (with any available money from other sources) are deposited in irrevocable trust with a bank or trust company having an aggregate capital and surplus not less than the face amount of the revenue bonds or certificates being paid or refunded. The instrument creating said trust shall require such money and investments to be held and paid out solely for the pur pose of paying principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, together with any costs of issuing said refunding revenue bonds and expenses of maintaining and operating said trust prescribed by the pro ceedings authorizing said refunding revenue bonds. When provision for the payment of an issue of revenue bonds or certificates is made as above described, all obligations of the issuer to the holders thereof shall be deemed satisfied and the covenants securing said revenue bonds or certificates need no longer be observed; provided, however, that if and whenever the money and investments held as above provided should fail to be sufficient to pay when due all principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, then the holders of said revenue bonds or cer tificates shall have a right to payment from the revenues of the Atlanta-Fulton County System on a basis subordinate to all revenue bonds which may have theretofore been issued by the City of Atlanta payable from such revenues, or on such other basis as may be determined by a court to be required by State or Federal Constitution. (b) As an alternative to the method prescribed above to provide for the payment in advance of maturity of revenue bonds or certificates, the City of Atlanta may issue refund ing revenue bonds in a principal amount sufficient (without regard to interest on invest ments) to pay all principal, interest and redemption premiums necessary to retire the revenue bonds or certificates being paid or refunded, whether at maturity or upon some earlier redemption date or dates in accordance with their terms, and to pay all expenses incidental thereto, and may cause said money to be invested and held in trust as described above, yet pledge interest on investments to the payment of the refunding revenue bonds, or to the payment of a portion of the refunding revenue bonds as sole or partial security and source of payment for said portion of the refunding revenue bonds. 2652 JOURNAL OF THE HOUSE, (c) Revenue bonds issued hereunder (whether for refunding, acquisition or improve ment and extension purposes) may mature serially or be term bonds or any combination of term and serial bonds. Term bonds may be subject to mandatory redemption prior to maturity or may be payable from a sinking fund to be accumulated and invested in direct obligations of the United States of America or obligations unconditionally guaranteed by the United States of America maturing no later than the maturity date of the revenue bonds for the payment of which the money so invested is held in such sinking fund. Section 20. Liberal Construction of Act. This Act, being for the welfare of vari ous political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 21. Effective Date. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to create a unified municipal-county water and sewer system in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on June 1, 1979. Section 22. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HB 1607. On the motion, the ayes were 126, nays 0. The motion prevailed. HB 1608. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide for the transfer of all existing library ser vices and facilities located within unincorporated Fulton County and within any municipality located wholly or partially within Fulton County; and for other purposes. The following Senate substitute was read: A BILL To provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide the procedures for the transfer of all existing library services and facilities located within unincorporated Fulton County, and within any municipality located wholly or partially within Fulton County, together with the property, debts, assets, and employees thereof, to the County-wide Library Service; to provide that Fulton County, as the funding government of the County-wide Library Service, shall be responsible for paying all bond debt service requirements on the new Central Building for the Atlanta Library System; to provide for the composition of the Library Board of Trustees and for MONDAY, MARCH 6, 1978 2653 the manner of appointment of members thereto; to provide conditions for the effectiveness of this Act and for an effective date; to provide for the City of East Point to retain title to the real estate and building of its library; to provide for severability; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) After midnight December 31, 1978, all public library services and facil ities in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, and continued in existence by the County-wide Library Service, and no municipality located wholly or par tially within Fulton County may operate a public library system or facility. (b) On or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a public library service or facility, shall transfer to Fulton County for operation of the County-wide Library Service all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in the normal operation of the municipality's library service or facility. (c) Except as otherwise provided herein, on or before January 1, 1979, each municipal ity located wholly or partially within Fulton County, which operates a public library ser vice or facility shall transfer to Fulton County for operation of the County-wide Library Service, the legal title to all real property with a library service or facility thereon, together with all rights and appurtenances thereto and subject to all liens and encum brances thereon. In the event that the County-wide Library Service shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pursuant to this Section for a library facility or service, legal title to said real property will automatically revert to the transferring municipality. (d) On or before January 1, 1979, the City of Atlanta shall lease to Fulton County, for the operation of the County-wide Library Service, the new "Central Building for the Atlanta Library System" and all other real property of the City of Atlanta Library System. During the term of said lease, lease payments on such property shall be paid by Fulton County in an amount equal to the bond debt service requirements of all property of the library system leased pursuant to this Section. Upon discharge and retirement of said bonds, the City of Atlanta shall transfer legal title to all such real property of the Atlanta Library System to Fulton County. (e) Notwithstanding anything contained herein, nothing shall compel conveyance of the real estate and building upon which the East Point City Library is situated. The City of East Point shall retain title to the real estate and structure located thereon and shall by contract provide the use of such building and real estate to the County-wide Library Service. Section 2. Persons who are full-time, permanent employees of any library facility transferred to the County-wide Library Service shall have the right to enter the employ ment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with existing library facilities which are abolished by the dissolution of those facilities. No employee transferred to the County-wide Library Service shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Library Board of Trustees to a position of employment similar to that occupied by the employee with the former library facility. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the then existing library facility or the municipal government shall be given the same effect as employment with the County government. Nothing in this Section shall affect the power of the Library Board of Trustees of the County-wide Library Service or any other duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations. Section 3. (a) As to pension and retirement rights and benefits of employees being transferred from a municipality to the County, all creditable service with the Pension 2654 JOURNAL OF THE HOUSE, Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. (b) Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contri butions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts with drawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be enti tled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned portions of Fulton County shall be here inafter vested in the County-wide Library Service which shall be administered by the Library Board of Trustees. The members of the Board of Trustees of the Atlanta Public Library at the time of the effective date of this amendment shall be and become members of the Library Board of Trustees and shall serve in that capacity through midnight December 31, 1979. Commencing January 1, 1980, the composition of the Library Board of Trustees shall be as hereinafter provided and each member shall serve a term of four years; provided that the term shall expire at midnight on December 31 of the fourth year of each member's term. (b) The Mayor of the City of Atlanta or his designee shall serve on the Library Board of Trustees in an ex officio capacity. The Mayor of the City of Atlanta shall also appoint one member of the Atlanta City Council to serve as a regular member on the Library Board of Trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the Library Board of Trustees in an ex officio capacity; and the Board of Commissioners shall elect one member from their board to serve as a regular member on the Library Board of Trustees. In addition, the Fulton County Board of Com missioners shall appoint two members from each of the four County Commission districts and two members from the County at large; provided, however, that four members appointed from said County Commission districts shall be residents of the City of Atlanta, and one member appointed from the County at large shall be a resident of the City of Atlanta. Section 5. This Act shall become effective only if an amendment to the Constitution providing for the transfer of all existing library facilities and services located within any MONDAY, MARCH 6, 1978 2655 county of this State having a population of 600,000 or more according to the United State Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HB 1608. On the motion, the ayes were 126, nays 0. The motion prevailed. HB 1609. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The following Senate substitute was read: A BILL To provide for the financing of services in any county of this State having a popu lation of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide for the applicability of this Act; to provide for definitions; to provide for tax service districts; to provide requirements relative to the financing of ser vices within counties subject to the provisions of this Act; to provide for other matters relative to the foregoing; to provide for the intention of the General Assembly; to provide for severability; to provide the conditions upon which this Act shall be effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Applicability. This Act shall apply to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census. Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) "County" means any county subject to the provisions of this Act. (b) "County governing authority" means the board of commissioners or any other body or official, by whatever name designated, now or hereafter established as the govern ing authority of a county. (c) "Municipality" means any municipality lying wholly or partially within the county. (d) "Municipal governing authority" means the mayor and council or other body or official, by whatever name designated, now or hereafter, established as the governing authority of a municipality. 2656 JOURNAL OF THE HOUSE, (e) "Tax service district" means any specific geographical area of the county, not embracing the entire area of the county, that is established by the county governing authority, pursuant to the requirements of this Act, as a taxing district within which dis trict services are provided. (f) "District Service" means any one or more of the following governmental services: (1) Police Protection (2) Fire Protection, but only as provided by Section 6 of this Act. (3) Solid Waste Collection (4) Building and Housing Code Enforcement (5) Public works (street and road construction and maintenance, including curbs, sidewalks, streetlights, and traffic control devices). (6) Any other county governmental service hereafter declared as a district service by the county governing authority, including the provision of a countywide service to a greater extent within a tax service district than is provided throughout the total geo graphical area of the county. (g) "Countywide Service" means any county governmental service, other than a dis trict service, which is available to the residents of the entire county, and the facilities for any such service may be located within any municipality of the county. (h) "Population" means population according to the most recent United States Decen nial Census. Section 3. Tax Service District. Except as otherwise provided in subsection (a) of Section 8 of this Act, the county governing authority is hereby prohibited from assess ing, levying and collecting ad valorem taxes, or expending public funds from taxes and from other tax and nontax revenues to finance, exercise, perform or provide any district service, except when such taxes and other revenues to provide such district service are assessed, levied and collected only within a tax service district created pursuant to this Act. Any Federal and State grants received by the county expressly for a service which is a district service shall be considered as revenue raised within the tax service district for the purposes of this Section. Revenues raised within tax service districts for the purpose of financing district services shall not be used for financing any countywide service. Section 4. Creation of Initial Tax Service District, (a) Except as provided by Section 6 of this Act, within 90 days following the effective date of this Act, the county governing authority shall establish within portions of the unincorporated territory of the county tax service districts within which the county government shall finance, exercise, perform or provide district services on a reasonably uniform basis within such tax service districts. One or more tax service districts shall be established within a portion or portions of the unincorporated territory of the county which meet the following criteria: (1) Each such tax service district must contain a resident population of 10,000 or more persons; and (2) Ninety percent of the land area, which shall not include bodies of water in excess of two acres or parks, cemeteries or golf courses, comprising the geographical area of the tax service district must contain a ratio of housing units to land area equivalent to at least 20 housing units per 100 acres of land. (b) Subject to the limitations provided by Sections 8 and 9 of this Act, the ad valorem taxes, service charges and fees assessed levied and collected by the county governing authority within each tax service district established pursuant to subsection (a) above for the provision of district services therein shall be in accordance with the kind, character, type and degree of district services provided within each such tax service district. (c) The contiguous portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute one or more tax service districts, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service districts for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section. Section 5. Creation of Additional or Modification of Existing Tax Service Districts, (a) The boundaries of the initial tax service districts provided for by subsection MONDAY, MARCH 6, 1978 2657 (a) of Section 4 of this Act shall be modified from time to time by the county governing authority or additional tax service districts shall be created by the county governing authority within the unincorporated territory of the county as additional portions thereof meet the criteria set forth in subsection (a) of Section 4 of this Act. It shall be the duty of the county governing authority to make or cause to be made an annual study of the portions of the unincorporated territory of the county not included within tax service dis tricts established pursuant to subsection (a) of Section 4 and to modify such tax service districts or create new tax service districts to include portions of the unincorporated ter ritory of the county meeting the criteria set forth in subsection (a) of Section 4. When the boundaries of any initial tax service district are modified or a tax service district within the unincorporated territory of the county is subsequently created as authorized herein, then the boundaries of any tax service district provided for by subsection (c) of Section 4 of this Act shall be modified in accordance with the modified boundaries of such initial tax service districts or in accordance with the boundaries established for any subsequently created tax service district, or both, as the case may be. (b) The county governing authority shall be authorized to create a tax service district within a municipality or any portion thereof only when: (1) That municipality duly adopts a resolution expressly authorizing the county to assess, levy and collect ad valorem taxes within the municipality or any portion thereof for the purpose of raising revenue for the provision of a district service within such municipality or any portion thereof; or (2) The county is authorized to assess, levy and collect ad valorem taxes within the municipality or any portion thereof pursuant to a contract between the governing authority of the county and the governing authority of the municipality for the provi sion of a district service within the municipality or any portion thereof. The provisions of this subsection shall apply only to that portion of a municipality lying wholly within the county. (c) Registered voters residing within an unincorporated portion of the county, which contains at least 300 housing units or a population of at least 1,000 persons, may, by peti tion to the county governing authority, propose the creation of a tax service district for provision of any one or more district services, as specified by such petition. The petition shall contain a legal description of the proposed portion of the unincorporated area to be embraced within the tax service district and shall bear signatures equal in number to at least 15% of the registered voters residing in the geographical area described in the peti tion. Only registered voters who reside within the geographical area described in the peti tion shall be eligible to sign the petition. The petition shall be filed with the superintendent of elections of the county who shall certify as to its sufficiency within 45 days after the date it is filed. If the petition is found to be sufficient, the county governing authority shall call a special election to be held at the next general county election follow ing the date of the certification of the petition. Said election shall be held only in the pro posed tax service district. If a majority of those voting in the election approve the proposal to establish a tax service district, the county governing authority shall create the tax ser vice district and begin providing the district services requested by the initiative petition and begin taxation for the provision thereof by the beginning of the calendar year next following the date of the initiative referendum. A tax service district created pursuant to the authority of this subsection shall be created for the purpose of securing a higher level of one or more district services, and any such tax service district shall be in addition to any other tax service district created by or pursuant to other provisions of this Act. Section 6. Fire Districts, (a) Fire districts existing within the county on the effec tive date of this Act shall continue unaffected by this Act unless changed or modified in accordance with subsection (b) of this Section. (b) The county governing authority shall divide the unincorporated area of the county into districts, without regard to uniformity of area or population, for the purpose of pro viding to the residents of said districts, fire protection services and systems of fire protec tion. Within twelve months of the effective date of this Act, the county governing authority shall create, establish, and maintain said fire service districts so that all fire pro- 2658 JOURNAL OF THE HOUSE, tection services and systems of fire protection provided within the unincorporated portion of the county shall be delivered through fire service districts. The establishment of fire service district boundary lines shall be determined by the county governing authority, and may be altered in accordance with the provisions of this Section. If the boundary of any existing fire service district is altered, changed, or abolished so as to delete a portion of the unincorporated area of the county from such service district, the portion of the county so deleted must be encompassed within the boundaries of another fire service district. Upon the establishment of such districts the county governing authority shall levy and col lect taxes only within such district or districts to defray the costs of such services, and the allocation of costs for financing such fire protection services shall be in accordance with the provisions of subsections (b) through (e) of Section 8 of this Act. (c) The county governing authority is authorized to create fire service districts within a municipality or any portion thereof only in accordance with the provisions of subsection (b) of Section 5 of this Act. (d) The provisions of subsection (a) of Section 8 of this Act shall not apply to fire service districts as provided herein. Section 7. Uniformity Required. District services provided by the county govern ing authority within a tax service district created pursuant to this Act shall be reasonably uniform throughout the total area of the tax service district. Section 8. Taxation and Allocation of Costs to Tax Service Districts, (a) The costs necessary for providing district services within the tax service districts created pursuant to subsection (a) of Section 4 of this Act or created by subsection (c) of Section 4 of this Act or created pursuant to subsection (a) of Section 5 of this Act, if created prior to the 1983 county fiscal year, shall be allocated to such tax service districts upon the fol lowing basis: (1) In the 1979 county fiscal year, the tax service district or districts shall defray 20% of the cost of providing district services and the countywide general funds shall defray 80% of the cost of such services. (2) In the 1980 county fiscal year, the tax service district or districts shall defray 40% of the cost of providing district services and the countywide general funds shall defray 60% of the cost of such services. (3) In the 1981 county fiscal year, the tax service district or districts shall defray 60% of the cost of providing district services and the countywide general funds shall defray 40% of the cost of such services. (4) In the 1982 county fiscal year, the tax service district or districts shall defray 80% of the cost of providing district services and the countywide general funds shall defray 20% of the cost of such services. (5) In the 1983 county fiscal year, and thereafter, the tax service district or districts shall defray 100% of the cost of providing district services until such time as there after modified or changed pursuant to this Act. (b) The assessment of real and personal property for ad valorem tax purposes shall be uniform throughout the entire area of the county; provided that the rate of additional taxation in any tax service district may vary from that in the total area of the county or from that in another tax service district. (c) Except as otherwise provided in subsection (a) of this Section, when any service, facility or function is provided or maintained only for one or more tax service districts, the total costs of providing or maintaining the service, facility or function for each tax ser vice district shall be allocated to that district. When a countywide service, facility or func tion is provided in a tax service district to a greater extent than such countywide service is provided in the total geographical area of the county, the total costs of providing or maintaining the countywide service facility or function at a higher level in the tax service district shall be allocated to that district, and the taxation of property to finance such higher or more intense level of a countywide service shall be uniform throughout the area of the tax service district. (d) The costs of maintaining or providing for a tax service district a service, facility or function in addition to, or to greater extent than, those services, facilities or functions MONDAY, MARCH 6, 1978 2659 provided for the total geographical area of the county, include operating, maintenance and repair expenses, capital improvement costs, and the debt service on bonds or notes issued to finance capital improvements associated with the service, facility or function. (e) All general obligation bonds issued prior to the effective date of this Act by the county government, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected within the total territorial limits of the county government, or in accordance with the obligations incurred in the issuance of such bonds. The principal of and interest on any general obligation bonds issued after the effec tive date of this Act for the purpose of financing a district service facility or function shall be paid from ad valorem taxes or other revenues collected within the tax service district in which such service, facility or function is provided. Notwithstanding any other provision of Article IX, Section VII, Paragraph I of the Constitution, the referendum on the ques tion of the issuance of general obligation bonds to finance a facility or service within a tax service district provided for by this Act shall be submitted only to the qualified elec tors residing within such district. The total bonded indebtedness of any county subject to this Act shall not exceed the limitation prescribed in Article IX, Section VII, Paragraph I of the Constitution. Section 9. District Millage Limitations, (a) The total ad valorem tax millage rate established for the provision of district services within any tax service district created pursuant to subsections (a) and (c) of Section 4 or subsection (a) of Section 5 of this Act shall not be raised by more than five mills above the level established for such tax service district for the 1983 county fiscal year, except with the approval of a majority of the voters residing within said tax service district voting at an election called for such purpose as hereinafter provided. If, for any county fiscal year subsequent to the 1983 county fiscal year, the county governing authority proposes to raise the ad valorem tax millage rate above the limit set herein, said governing authority shall instruct the superintendent of elections to issue the call for an election for the purpose of submitting the question of raising such limit to a new limit or, as an alternative, for the purpose of submitting the question of removing any limit on the ad valorem tax millage rate for such tax service dis trict. The superintendent shall issue the call for such election within ten days after receiv ing such instructions from the county governing authority and shall set the date of such election for a day not less than 30 nor more than 45 days after the date the call was issued. Such question shall be submitted only to the qualified electors of the county residing within the tax service district. If the question submitted to the voters is the estab lishment of a new limit on the ad valorem tax millage rate for such tax service district, the ballot question shall specify the new limit. If a majority of the voters voting on such question vote in favor of such new limit, such new limit shall be effective for all subse quent county fiscal years, but otherwise the limit provided for herein shall remain unchanged. If a new limit is established, the same procedure authorized herein may be repeated from time to time for the purpose of establishing other limits for the ad valorem tax millage rate for such tax service district. If the question submitted to the voters is on the removal of the ad valorem tax millage rate for such tax service district, the ballot question shall clearly state such question. If the majority of the voters voting on such question vote in favor of the removal of said ad valorem tax limit, there shall be no limit on the levy of ad valorem taxes within such tax service district for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged, unless a new limit is subsequently established for such tax service district pursuant to the require ments of this Section. (b) In the event a new tax service district is created pursuant to subsection (a) of Section 5 of this Act at any time subsequent to the 1983 county fiscal year, the ad valorem tax millage rate limit for such tax service district shall be the highest ad valorem tax millage rate in effect within any tax service district in existence immediately preceding the creation of such new tax service district, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section. (c) In the event a tax service district created pursuant to subsection (a) of Section 4 or subsection (a) of Section 5 of this Act is modified at any time subsequent to the 1983 county fiscal year to include any additional portion of the unincorporated area of the 2660 JOURNAL OF THE HOUSE, county, or in the event any tax service district created by subsection (c) of Section 4 of this Act is modified to delete a portion of the unincorporated area of the county formerly included therein, the ad valorem tax millage rate limit for such modified tax service dis trict shall be the highest ad valorem tax millage rate in effect within any tax service dis trict in existence immediately preceding such modification, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section. (d) The provisions of this Section shall not apply to ad valorem taxes for the pur poses of bonded indebtedness as provided by subsection (e) of Section 8 of this Act. Section 10. Intent. It is the intention of the General Assembly that the county gov erning authority shift the cost of district services in accordance with the provisions of this Act to the tax digest of the tax service district and other associated revenues and remove the cost thereof from the general county tax levy. Section 11. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. When Requirements Effective. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide for financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, is rati fied at the 1978 general election. If said constitutional amendment is so ratified, this Act shall become effective on January 1, 1979. This Act shall remain in effect only so long as said constitutional amendment remains in force as a part of the Constitution. Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The following House amendment to the Senate substitute was read and adopted: Representative Irvin of the 23rd moves to amend the Senate substitute to House Bill No. 1609 as follows: By inserting between lines 7 and 8 on page 4 a new paragraph (3) to read as follows: "(3) Each tax service district created under this subsection (a) shall be composed only of contiguous areas." By striking subsection (c) where the same appears in lines 17 through 26 on page 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) Portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute one or more tax service districts, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service districts for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section. Portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall be aggregated to form a tax service district under this subsection when the distance between such portions does not exceed two miles." MONDAY, MARCH 6, 1978 2661 Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HB 1609, as amended by the House. On the motion, the ayes were 126, nays 0. The motion prevailed. HR 566-1599. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to Article IX, Section I, Paragraph VI of the Constitution so as to authorize the General Assembly to require the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to any or all municipalities located wholly or par tially within Fulton County, at no charge to said municipalities; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly by law to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The amendment to the Constitution ratified on November 7, 1950, and which is set forth in Ga. Laws 1950, pages 441-442, and which was continued in force and effect by the Constitution of 1976 is hereby amended by striking therefrom the following: "Provided, however, that the General Assembly of the State shall have the authority to require or permit the Tax Receiver, Tax Collector, or Tax Commissioner of Fulton County to receive tax returns and collect taxes due to the City of Atlanta, and to permit the retention of a percentage of such collections as compensation for such services.", and substituting in lieu thereof as a paragraph to appear at the end of Article IX, Section I, Paragraph VI of the Constitution the following: "The General Assembly is hereby authorized by law to require or permit the tax receiver, tax collector, or tax commissioner of any county of this State having a popu lation of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality lying wholly or partially within any such county and to any or all consent ing municipalities lying wholly or partially within such county at no charge to said municipalities. Any law enacted pursuant to the foregoing authority may also establish uniform filing and due dates for tax purposes within such county, and establish proce dures by which the tax receiver, tax collector, or tax commissioner of any such county shall bring property lying within any municipality which lies wholly or partially within such county to sale for the purpose of collecting taxes due to said municipalities, whether such property lies within such county or within any other county." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: 2662 JOURNAL OF THE HOUSE, "( ) YES ( ) NO Shall the Constitution be amended so as to authorize the General Assem bly by law to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to receive tax returns of and collect taxes due to the largest municipality located wholly or partially within any such county and to any or all other consenting municipalities located wholly or partially within such county at no charge to said municipalities?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HR 566-1599. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Caraes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Cooper, B. COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. N Dover, Bill Y Edwards, W. Y Effiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. Galer, M. Gammage, L. Y Gignffliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. NIrvin, J. Ylrvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, W-J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. On the motion, the ayes were 122, nays 17. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mufflnai, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Nil, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. WiUiamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HR 571-1607. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within unin corporated Fulton County and within any municipality located wholly or par- MONDAY, MARCH 6, 1978 2663 tially within Fulton County, together with the property, debts, assets and employees thereof, to the County-wide Library Service; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide for the transfer of all existing library facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county, together with the property, debts, assets and employees thereof, to a countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding govern ment of the countywide library service; to provide for a library board of trustees who shall administer the countywide library service; to authorize the General Assembly to provide for retention of title to real estate and buildings used for library purposes by certain municipalities; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: "Notwithstanding any other provision of this Constitution, any uniformity provisions otherwise contained in this Constitution, and any general law of this State, all existing public library systems, facilities and services located within any county of this State hav ing a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and all library facilities and services located within all parts of any municipality located wholly or partially within such county, are hereby designated as, and made a part of, a countywide library service. The county shall be the funding government for all library services provided by the countywide library service. After midnight, December 31, 1978, all public library services and facilities in the unincorporated region of any such county and within all parts of any municipality locat ed wholly or partially within any such county shall be maintained, operated, and contin ued in existence by the countywide library service, and no municipality located wholly or partially within any such county may operate a public library system or facility, except as authorized by this amendment. Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned portions of any such county shall be hereinafter vested in the countywide library service which shall be administered by a library board of trustees. On or before January 1, 1979, all physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of every public library located in any such county or in any municipality located wholly or par tially within any such county shall be transferred to such county for operation of the countywide library service. The countywide library service shall be established and all transfers made in accord ance with procedures which shall be prescribed by local Act of the General Assembly. The composition of the library board of trustees and the manner of appointment thereto shall also be in accordance with procedures which shall be prescribed by local Act of the General Assembly, The General Assembly shall be authorized to provide by law that any municipality other than the largest municipality located wholly or partially within any such county shall retain title to real estate and buildings used for library purposes." 2664 JOURNAL OF THE HOUSE, Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for the transfer of all existing library facilities and services located within any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within any such county, together with the property, with certain exceptions, debts, assets, and employees thereof, to the countywide library service; to designate such facilities and services as, and make them a part of, the countywide library service; to provide that such county shall be the funding govern ment of the countywide library service; and to provide for a library board of trustees who shall administer the countywide library service?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HR 571-1607. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N AdamB, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Cooper, B. Coi, W.E. Y Crosby, T. Y Ciupepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. N Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. Galer, M. Ganunage, L. Y Gignuliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. NIrvin, J. Ylrvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. On the motion, the ayes were 122, nays 17. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Nil, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker MONDAY, MARCH 6, 1978 2665 The motion prevailed. HR 573-1608. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide that under certain con ditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide that the General Assembly may by law provide for the implementation of such requirements and for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution is amended by adding at the end thereof a new Paragraph to be designated Paragraph IIA and to read as follows: "Paragraph IIA. Financing Services Within Certain Counties. Notwithstanding any other provision of this Constitution, the General Assembly shall be authorized by law to prohibit the governing authority of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census from levying and collecting taxes and from expending public funds from taxes to finance, exercise, or perform any service as defined by such law except when such service is provided within a tax service district created pursuant to such law. To this end and without limiting the generality of the foregoing, the General Assembly may by such law provide for any one or more of the following: 1. Define and enumerate governmental services which shall be provided by such counties only within tax service districts. 2. Require such counties to create initial tax service districts following the effective date of such law for the financing and provision of services therein. 3. Provide for the manner and method of creating or modifying tax service districts to be established in addition to or in lieu of initial tax service districts created pursuant to such law. 4. Provide that special districts existing within such counties shall be unaffected by such law until otherwise changed or modified pursuant to such law. 5. Provide that district services provided by such counties within tax service districts created pursuant to such law shall be reasonably uniform throughout such tax service districts. 6. Provide for the taxation and allocation of costs of financing services provided within tax service districts and provide for ad valorem tax millage rate limitations within such tax service districts. 7. Provide for the method of retirement of indebtedness of such counties outstanding on the effective date of such law and for the creation and retirement of indebtedness incurred by such counties after the effective date of such law, including the debt limita tion applicable to such counties. 8. Provide that the rate and manner of taxation may vary in any tax service district created pursuant to such law from that in the total area of such counties or from that in another tax service district. 2666 JOURNAL OF THE HOUSE, 9. Provide any other provisions, terms, or conditions as necessary to effectuate the purposes of this Paragraph. The authority granted herein shall not authorize the General Assembly to create or authorize the governing authority of a county subject to the provisions of this Paragraph to create a tax service district within the boundaries, or any portion of the boundaries, of any municipality located wholly or partially within such county, unless the creation of such tax service district is with the approval of the governing authority of such municipality. The provisions of this Paragraph are hereby declared to be cumulative and supple mental to any powers heretofore possessed by the General Assembly and not in lieu of such powers. Except for annexation of territory by municipalities pursuant to methods provided for annexation by certain Acts of the General Assembly of Georgia approved March 10, 1966 (Ga. Laws 1966, p. 409), as amended, and an Act approved March 20, 1970 (Ga. Laws 1970, p. 426), as amended, this Paragraph shall be null and void unless there is in effect on and after January 1, 1979, a statute that prohibits annexation of any area larger than 40 acres or having more than 50 residents without a referendum to any municipality lying wholly or partially within counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such cen sus." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES ( ) NO Shall the Constitution be amended so as to provide that under certain conditions the General Assembly shall be authorized by law to provide requirements relative to the financing of services by counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census and for other mat ters relative thereto?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Marcus of the 26th moved that the House agree to the Senate substi tute to HR 573-1608. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Y Birduong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childera, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y CollinB, M. Colwell, C.H. Y Connell, J. Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. N Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. NIrvin, J. Ylrvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. MONDAY, MARCH 6, 1978 2667 Y Johnston, J. Y Jones, B. Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, W.J.(BU1) Y Lendermen, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Nix, K. N Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. N Phillips, R.T. Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Y Williams, H.L. Williams, R. Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 122, nays 17. The motion prevailed. HB 1699. By: Representatives Lucas of the 102nd, Hatcher of the 131st, Horton of the 43rd, Taggart of the 125th, Nichols of the 27th, and McKinney of the 35th: A BILL to amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to provide that the provisions of the Chapter shall not apply in counties hav ing a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 84-16, relating to regulation of billiard rooms, so as to remove certain references to race regarding applications and issuance of licenses and regarding who may congregate and play in certain billiard rooms; to provide that the provisions of the Chapter shall not apply, under certain circumstances, in counties having a population of 100,000 or more, according to the United States Decennial Census of 1970 or any future such census; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 84-16, relating to regulation of billiard rooms, is hereby amended by striking from the first sentence of Section 84-1603, relating to qualification of licensees, the following: "; nor to any person of the white or Caucasian race to operate a billiard room to be used, frequented or patronized by persons of the Negro race; nor to any person of the Negro race to operate a billiard room to be used, frequented or patronized by persons of the white or Caucasian race", so that when so amended, Code Section 84-1603 shall read as follows: "84-1603. Qualification of licensees; applications made to whom. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States, or who has been convicted of a felony; ner to any persen ef the white er Caucasian wee to operate a billiard *ee to be uocd, frequented e* patronized reeat te be used, frequented or patronized by persons ef- the white e* Caucasian race. Application for license to operate a billiard room shall be first made to the tax collector of the county in which the applicant proposes to conduct said business in the form here inafter provided, and no license shall be issued by any city or town to any person to engage in such business until after such person has made application to and has been 2668 JOURNAL OF THE HOUSE, gedra."nted a license by the tax collector of the county in which such city or town is locat Section 2. Said Code Chapter is further amended by striking from Code Section 84-1604, relating to application for license, the following: "; and that, if a white person, he will not permit Negroes to congregate or play in his place of business; and, if a Negro, he will not permit any white person to remain or play in his place of business", so that when so amended, Code Section 84-1604 shall read as follows: "84-1604. Application for license; affidavit; bond; fees; forfeiture. Every application for license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felonyt ae} that, tf a white person, that he will not permit vagrants, or persons under the influence of intoxicating liquors, to enter or play in his place; that the applicant will have personal charge and manage ment of said business; that he will not permit gambling, nor permit the above described tables to be used in any manner other than as provided by law. There shall also be filed with the application a bond in the penal sum of $500, payable to the State, and condi tioned upon the faithful performance of all provisions of this Chapter, signed by the applicant as principal, and either a surety company or two individuals as securities, which bond shall be approved by the tax collector and filed in his office. When said application and bond shall have been filed and approved as aforesaid, the tax collector shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law. If any licensee hereunder shall voluntarily relinquish personal supervision, management and control of such billiard room he shall surrender his license to the tax collector who may issue a new license to some other person, firm or corporation to continue said business under the provisions of this Chapter, in which event credit shall be given for the unused portion of said surrendered license, but if any licensee shall transfer or sublease such place of business to anyone, or relinquish man agement and control of said business without surrendering his license to the tax collector for reissuance, said license shall be deemed to be forfeited, and the tax collector must notify the sheriff of the county who shall close said place of business." Section 3. Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 84-1617, to read as follows: "84-1617. Chapter optional in certain counties. The provisions of this Chapter shall not apply in counties or municipalities having a population of 100,000 or more, accord ing to the United States Decennial Census of 1970 or any future such census, if the gov erning body of any such county or municipality, by appropriate local ordinance or resolution, provides that the provisions of this Chapter shall not apply and, pursuant to its home rule authority, provides for the licensing and regulation by such county or municipality of billiard rooms located therein." Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Lucas of the 102nd moved that the House agree to the Senate substi tute to HB 1699. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. MONDAY, MARCH 6, 1978 2669 Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, WJ.(BiU) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. On the motion, the ayes were 145, nays 0. The motion prevailed. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. Representative Johnson of the 74th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1286 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members: Representatives Knight of the 67th, Hatcher of the 131st and Johnson of the 74th. The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes thereto: HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. 2670 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To amend Code Section 56-407A, relating to uninsured motorist coverage, as amended, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to change certain procedures; to provide for editorial revision; to provide for the proration of coverage under certain conditions; to provide for other matters relative to the foregoing; to provide for application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 56-407A, relating to uninsured motorist coverage, as amended, is hereby amended by striking subsections (a) and (i) of said Code Section in their entirety and substituting in lieu thereof new subsections (a) and (i) to read as fol lows: "(a); (1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which shall, at the option of the insured, shall be ne_^ (A) Not less than & ten thousand dollars $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, twenty thousand dollars $20,000 because of bodily injury to or death of two or more persons in any one accident, and five thousand dollars $5,000 because of injury to or destruction of property of the insured? e*. ti$ net less than twenty five thousand dollaro because ef- bodily injury to or death one accident, and ten tnousano dollar9 Dccauoc of injury to er~ destruction ef propTM crty ef the insured, provided that the (B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons m any one accident, and because of injury to or destruction of property of the insured which are con tained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured. (2) The coverage for injury to or destruction of property of the insured as provided in paragraph (1) may provide an exclusion of not more than the first twe hundred fifty dollars $250 of such loss or damage to any insured in any one accident. Provided, however, that the (3) The coverage required under this subsection paragraph (1) shall not be applica ble where any insured named in the policy shall reject the minimum coverage in writing and provided lurtnef tnat, unless tnc named insured rcqucotQ sucn coverage IR writing,. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits, auch Such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. (4) The application for discharge in bankruptcy by an uninsured motorist as defined in this law or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this law or the discharge in bankruptcy of an uninsured motor ist as defined in this law shall not affect the legal liability of an uninsured motorist as such term 'legal liability' is used in this law, and such application for voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance MONDAY, MARCH 6, 1978 2671 carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this law so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this Act as now or hereafter amended; but, such insurance company or companies shall have the right to defend any such action in its own name or in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In such cases the uninsured motorist, upon being discharged in bankruptcy, may plead such discharge in bankruptcy against any subrogation claim of any such uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and such uninsured motorist may plead his discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist pro tection available to such insured person. (i) The endorsement or provisions of such policy providing the coverage required by this Section may contain provisions that if the insured has insurance available to him under more than one uninsured motorist coverage provision, any damages shall not be deemed to exceed the higher of the applicable limits of the respective coverages, and such damages shall be prorated between the applicable coverages as the limits of each coverage bear to the total of such limits. The endorsement or provisions of such policy may further contain provisions which exclude any liability of the insurer for injury or destruction of property of the insured for which he has been compensated by other property or physical damage insurance." Section 2. The provisions of this Act shall apply with respect to motor vehicle liabil ity insurance policies issued or delivered in this State on or after January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Kemp of the 139th moved that the House disagree to the Senate sub stitute to HB 1386. The motion prevailed. HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 2672 JOURNAL OF THE HOUSE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of the DeKalb County School District who is 62 years of age or over or who is dis abled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a resi dence if his total income from all sources, together with the total income from all sources of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to med ical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all members of his family who reside at and occupy his home stead, does not exceed $8,000.00 per annum shall be granted an exemp tion from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote MONDAY, MARCH 6, 1978 2673 If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Johnston of the 56th moved that the House disagree to the Senate substitute to HR 436-1274. The motion prevailed. HB 1708. By: Representatives Harrison of the 20th, and Coleman of the 118th: A BILL to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforce ment of liquor, wine and beer laws; and for other purposes. The following Senate substitute was read: A BILL To provide employment classifications and minimum pay grades for those enforcement officers of the Alcohol and Tobacco Tax Division of the Department of Revenue who are under the State Merit System; to provide for other matters relative thereto; to amend an Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), so as to authorize special agents and enforcement officers to assist local authorities in criminal cases and in the prevention of crime under certain conditions; to provide for clarification; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) During the fiscal year beginning July 1, 1978, and in each fiscal year thereafter, enforcement officers of the Alcohol and Tobacco Tax Division of the Depart ment of Revenue who are under the State Merit System shall be subject to the following employment classification plan and shall be compensated on not less than the following Merit System pay grades: (1) Agent or Private ......................................................................................Pay Grade 16. (2) Special Agent or Private First Class............................................................................................................Pay Grade 17. (3) Special Agent I or Corporal.....................................................................................................Pay Grade 18. (4) Special Agent II or Sergeant.....................................................................................................Pay Grade 19. (5) District Supervisor or Lieutenant .................................................................................................Pay Grade 20. (6) Region Supervisor or Captain.......................................................................................................Pay Grade 22. (b) The above enforcement personnel, being in the classified service under the State Merit System of Personnel Administration, shall be subject to the rules and regulations of such System except that the employment classification plan and the minimum pay grades listed above and the amounts represented by such pay grades shall not be reduced. (c) With respect to enforcement officers employed by the Alcohol and Tobacco Tax Division on July 1, 1978, the minimum pay grade provided in subsection (a) shall be adjusted so as to provide that each such officer shall have the same step in the minimum pay grade provided in subsection (a) as the officer has in the pay grade pursuant to which the officer is compensated on June 30, 1978. 2674 JOURNAL OF THE HOUSE, Section 2. An Act authorizing special agents and enforcement officers of the Revenue Department to have certain law enforcement powers in the enforcement of liquor, wine and beer laws, approved March 15, 1963 (Ga. Laws 1963, p. 135), is hereby amended by adding between Section 1 and Section 2 a new Section to be designated Section 1A to read as follows: "Section 1A. Upon the request of the governing authorities of any municipality, or of the sheriff of any county, or of the judge of the superior court of any county of this State or of the Governor of this State, the State Revenue Commissioner, in unusual cir cumstances, may, and in the case of an order from the Governor of Georgia shall, direct special agents and enforcement officers of the State Department of Revenue to render assistance in any criminal case, or in the prevention of violations of law or in detecting and apprehending those violating any criminal laws of this or any other state or the United States. This Section shall not only apply to agents who enforce the liquor, wine and beer laws but to all agents of the Department of Revenue with law enforcement powers." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Harrison of the 20th moved that the House agree to the Senate substi tute to HB 1708. On the motion, the roll call was ordered and the vote was as follows: Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. Y Burruss, A.L. Burton, J. N Butler, D. N Canty, H. N Carlisle, J. Y Games, C. Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. N Childere, E.M. Childs, P. N Clark, Betty N Clark, L. Y Clifton, A.D. N Coleman, T. N Collira, M. N Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. N Crosby, T. N Culpepper, B. Y Daniel, G. N Daugherty, J.C. N Davis, B. N Dean, D.C. N Dent, R.A. N Deveaux, C. Y Diion, H.D. Y Dover, Bill N Edwards, W. Y Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. N Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. Y Lee, W.J.(BU1) Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. Mostiler, J.L. N Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. N Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. N Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. N Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. N Snow, Wayne,Jr. Steinberg, C. N Stone, R. N Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. N Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the motion, the ayes were 56, nays 88. The motion was lost and the House disagreed to the Senate substitute to HB 1708. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: MONDAY, MARCH 6, 1978 2675 Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1333. By: Representative Pinkston of the 100th: A BILL to create the Georgia Educa tional Facilities Authority; to authorize the Authority to acquire, construct and equip self-liquidating Projects consisting of educational facilities for lease or sale to private institutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 741-2012. By: Representative Buck of the 95th: A RESOLUTION authorizing the Gov ernor on behalf of the State of Georgia to convey to the Colonial Pipeline Com pany, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HR 81-370. By: Representatives Tolbert and Butler of the 56th, Richardson of the 52nd, Linder of the 44th, and Deveaux of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide for a different method and time of returns, assessments, payment and col lection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; and for other pur poses. Representative Phillips of the 59th moved that the House insist on its position in dis agreeing to the Senate substitute to HR 81-370 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Phillips of the 59th, Tolbert of the 56th, and Russell of the 64th. The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto: HR 85-370. By: Representatives Logan of the 62nd, Triplett of the 128th, Chance of the 129th, Lane of the 81st, Childers of the 15th, Wood, Jackson and Whitmire of the 9th, Argo of the 63rd, and others: A RESOLUTION proposing an amend ment to the Constitution so as to authorize the General Assembly to exempt swine and bovines from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 2676 JOURNAL OF THE HOUSE, The following Senate substitute was read: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt swine, bovines, and horses from all ad valorem taxation; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "The General Assembly may exempt all swine, bovines, and horses from all ad valorem taxation." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assem bly to exempt swine, bovines (cattle), and horses from all ad valorem ( ) NO taxation?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. Representative Logan of the 62nd moved that the House agree to the Senate substi tute to HR 85-370. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. N Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, AX. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. N Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. N Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. MONDAY, MARCH 6, 1978 2677 Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 147, nays 5. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1755. By: Representatives Matthews of the 145th, Long of the 142nd, Hanner of the 130th, Whitmire of the 9th, Nessmith of the 82nd, Clifton of the 107th, Felton of the 22nd, and Irvin of the 10th: A BILL to amend an Act known as the "Georgia Liming Materials Act of 1976" so as to change certain definitions and the provisions relating to definitions of terms used in said Act; to change the provisions relating to labeling; to change the provisions relating to penalties; and for other purposes. The following Senate amendment was read: The Senate moves to amend HB 1755 by striking from Page 2, line 28, the following: "thirty percent (30%)", and inserting in lieu thereof the following: "fifty percent (50%)". Representative Jones of the 126th moved that the House agree to the Senate amend ment to HB 1755. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumisa, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. 2678 JOURNAL OF THE HOUSE, Y Reaves, H.L. Y Richardson, E. Y Robinson, C. ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby On the motion, the ayes were 142, nays 0. The motion prevailed. White, J. Y Whitmire, D. Williams, H.L. Y Williams, R Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Resolution of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto: SR 217. By: Senators Holloway of the 12th, Starr of the 44th, Howard of the 42nd, and Langford of the 51st: A RESOLUTION proposing an amendment to the Consti tution, so as to completely revise Article X relating to retirement systems and educational scholarships and to change other provisions of the Constitution in connection with such revision; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Representative Snow of the 1st moved that the House recede from its position in sub stituting SR 217. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. N Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. N Deveaui, C. Dixon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. N Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr Hill, B.L. N Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 124, nays 11. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mufflnax, E.G. Y Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillipe, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. N Robinson, C. Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. N Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker MONDAY, MARCH 6, 1978 2679 The motion prevailed. Representative Childs of the 51st moved that the House reconsider its action in receding from its position in substituting SR 217. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Andersen, W. Argo, B. Y Auten, D. N Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. N Buck, T.B. N Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Carlisle, J. N Carries, C. Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty N Clark, L. Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. N Connell, J. N Cooper, B. N COT, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. N Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. N Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. N Gignilliat, A. Y Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. Manner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F. Jr. Hill, B.L. N Holmes, Bob Home, F. N Horton, G.T. N Housley, E. N Hudson, Ted N Hutchinson, R.S. Ylrvin, J. NIrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. N Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. N Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, WJ.(Bffl) Y Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. N Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. N McKinney, J.E. N Milford, B. N Money, J. Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. N Nichols, M. N Nix, K. Noble, Bill N Oldham, L. N Owens, R.D. Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phfflips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Roes, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. N Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. N Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplet!, Tom N Truluck, R. Tucker, R.M. N Tuten, J. Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. Y Williams, R. WilUamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the motion to reconsider its action in receding from substituting SR 217, the ayes were 40, nays 101. The motion was lost. The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes or amendments thereto: HB 1638. By: Representatives Snow of the 1st, Walker of the 115th, Butler of the 56th, Hatcher of the 131st, Carnes of the 43rd, Karrh of the 106th, and Taggart of the 125th: A BILL to amend an Act known as the "Georgia Records Act" so as to provide a means for local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, so as to provide for definitions; to provide a means for 2680 JOURNAL OF THE HOUSE, local governments to establish records, management programs and retention schedules; to provide a means for courts to establish retention schedules; to grant to the State Records Committee the authority to receive and approve retention schedules submitted by local governments and courts; to clarify the duties of State agencies in writing retention sched ules; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Records Act," approved March 7, 1972 (Ga. Laws 1972, p. 1267), as amended, is hereby amended by striking Section 3, which reads as follows: "Section 3. There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authorita tive, directive and have the force and effect of law. A retention schedule may be deter mined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section." and inserting in lieu thereof the following: "Section 3. (a) There is hereby created the State Records Committee, to be composed of the Governor, the Secretary of State, the Attorney General and the State Auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend or modify retention schedules submitted by agency heads, school boards, county governments and municipal governments through the Department for the disposition of records based on administrative, legal, fiscal or historical values. Such retention schedules, once approved, shall be authoritative, directive and have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Section. (b) The Supreme Court may, by rule of the court, provide for retention schedules for court records. The State Records Committee may recommend retention schedules for court records to the Supreme Court. The destruction of court records by retention schedule shall not be construed as affecting the status of that court as a court of record." Section 2. Said Act is further amended by striking from the first sentence of subsec tion (e) of Section 5 of said Act the following: "disposition standard", and inserting in lieu thereof the following: "retention schedule", and by striking from said sentence the following: "standards", and inserting in lieu thereof the following: "schedules", so that when so amended subsection (e) of Section 5 shall read as follows: "(e) Submit to the Department, in accordance with the rules and regulations of the Department, a recommended disposition standard retention schedule for each record series in its custody, except that standards schedules for common-type files may be established by the Department. No records will be scheduled for permanent retention MONDAY, MARCH 6, 1978 2681 in an office. No records will be scheduled for retention any longer than is absolutely necessary in the performance of reouired functions. Records requiring retention for several years will be transferred to the records center for low-cost storage at the earliest possible date following creation." Section 3. Said Act is further amended by striking Section 11, which reads as fol lows: "Section 11. Local governments are hereby authorized by appropriate resolution or ordinance of the governing authority to adopt and utilize the State rules and regulations as a basis for establishing a records management program. Any court in this State is hereby authorized to adopt and utilize the State rules and regulations as a basis for the conduct of a records management program. No records in the custody of any court in this State shall be aliened or destroyed except in accordance with the provisions of this Act.", and inserting in lieu thereof the following: "Section 11. (a) County and municipal governments and school boards may: (1) adopt and utilize State rules and regulations as a basis for establishing a records management program; or (2) submit to the State Records Committee proposed retention schedules for their approval. Once approved these schedules have the same force and effect as if they were approved for an agency of State government." Section 4. Such Act is further amended by adding a new paragraph to Section 2 to read: "(j) 'Court Record' means all documents, papers, letters, maps, books (except books formally organized in libraries), microfilm, magnetic tape, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in the necessary performance of any judicial function created or received by an official of the Supreme Court, Court of Appeals, and any Superior, State, Juvenile, Probate, County or Justice of the Peace Court, and includes records of the offices of the judge, clerk, prosecuting attorney, public defender, court reporter, or any employee of the court." Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 1638. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y CoUins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gamroage, L. Y Gignilliat, A. Y Glanton, Tom Glovet, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. 2682 JOURNAL OF THE HOUSE, Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Noble, Bill Oldham, L. Y Owens, R.D. Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. On the motion, the ayes were 135, nays 0. The motion prevailed. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Wnitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker HB 1629. By: Representatives Snow of the 1st, Hatcher of the 131st, Carnes of the 43rd, and Taggart of the 125th: A BILL to provide for the safety of bus passengers; to provide for a short title ("Bus Passenger Safety Act"); to provide for defini tions; to prohibit certain acts, actions and activities; to define the offense of bus hijacking; to define the offense of assault with the intent to commit bus hijacking; and for other purposes. The following Senate substitute was read: A BILL To provide for the safety of bus passengers; to provide for a short title; to provide for definitions; to prohibit certain acts, actions and activities; to define the offense of bus hijacking; to prohibit the employment of certain dangerous or deadly weapons or other means capable of inflicting serious bodily injury; to prohibit the boarding of a bus with certain weapons; to provide for certain searches and seizures; to prohibit the removal of certain baggage, cargo or other items under certain circumstances; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the "Bus Passenger Safety Act." Section 2. As used in this Act, the following terms shall have the meanings described within this Section unless the context clearly indicates otherwise: (a) "Bus transportation company" or "company" shall mean any person, groups of persons or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in the State of Georgia, including passengers and cargo in interstate or intrastate travel. This term shall also include bus transportation facilities owned or operated by local public bodies, by municipalities, and public corporations, boards and commissions established under the laws of the State. (b) "Terminal" shall mean a bus station, depot or any facility operated by a bus transportation company. "Terminal" shall include a reasonable area immediately adjacent to any designated stop along the route traveled by any coach operated by a bus trans portation company and parking lots or parking areas adjacent to a terminal. (c) "Passenger" shall mean any person served by the transportation company, and, in addition to the ordinary meaning of passenger, the term shall include any person accompanying or meeting another person who is transported by such company, any person shipping or receiving cargo and any person purchasing a ticket or receiving a pass. MONDAY, MARCH 6, 1978 2683 (d) "Bus" shall mean any passenger bus or coach or other motor vehicle having a seating capacity of not less than 15 passengers operated by a bus transportation company for the purpose of carrying passengers or cargo for hire. (e) "Charter" shall mean a group of persons, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with a bus transportation company's tariff, who have acquired the exclusive use of a bus to travel together as a group to a specified destination. Section 3. (a) The offense of bus hijacking is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any bus within the jurisdic tion of the State of Georgia. Any person committing the offense of bus hijacking shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for life or imprisonment for not less than one nor more than twenty (20) years. (b) Any person who boards or attempts to board a bus with a dangerous or deadly weapon concealed on or about his person or his property which is, or would be, accessible to such person while on the bus, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such bus any bomb, or similar explosive or incendiary device, shall be guilty of a felony, and, upon conviction, shall be sentenced to imprisonment for not less than one (1) nor more than ten (10) years. The prohibition of this subsection shall not apply to any person who is exempted under Title 26, Section 2907, or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons who are in the possession of weapons with the consent of the owner of such bus, or his agent, or the lessee or bailee of such bus; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers on the bus if the presence of such weapons has been declared to the bus company. (c) The company may employ reasonable means, including mechanical, electronic or x-ray devices to detect concealed weapons, or explosives or hazardous material in baggage or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person not specifically exempted under the provisions of subsection 3(b), the company shall obtain possession and retain custody of such item or materials until it is transferred to the custody of law enforcement officers. Section 4. (a) It shall be unlawful to remove any baggage, cargo or other item transported upon a bus or stored in a terminal without consent of the owner of such prop erty or the company, or its duly authorized representative. Any person violating this Section shall be guilty of a felony and, upon conviction, shall be punished by imprison ment for not less than one nor more than five (5) years. (b) The actual value of an item removed in violation of this Section shall not be material to the crime herein defined. Section 5. The provision of this Act shall be cumulative and supplemental to the provisions of any other law of this State. A conviction or acquittal under any of the crimi nal Sections of this Act shall not be a bar to any other civil or criminal proceeding. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 1629. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Auten, D. Y Balkcom, R. YBargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. N Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y ColweU, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Culpepper, B. 2684 JOURNAL OF THE HOUSE, Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. On the motion, the ayes were 143, nays 2. The motion prevailed. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1499. By: Representatives Hanner of the 130th, Sizemore of the 136th, Veazey of the 146th, Long of the 142nd, Rainey of the 135th, Murray of the 116th, Cox of the 141st, and others: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to remove certain limitations on the exemption provided for sales of machinery used in tilling the soil or in ani mal husbandry; and for other purposes. The following Senate amendment was read: The Senate moves to amend House Bill 1499 as follows: By adding after the word and semicolon "crops;" on line 11 of page 1, the following: "to exempt sales of tangible personal property and services to orphans' homes oper ated as nonprofit corporations from the taxes imposed by said Act;". By renumbering Sections 4 and 5 as Sections 5 and 6, respectively. By adding a new Section 4, to read as follows: "Section 4. Said Act is further amended by adding a new subparagraph at the end of Section 3(c)2, to be designated subparagraph (bb), to read as follows: '(bb) Sales of'tangible personal property and services to orphans' homes located in this State and operated as nonprofit corporations.'" Representative Hanner of the 130th moved that the House agree to the Senate amendment to HB 1499. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. MONDAY, MARCH 6, 1978 2685 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Mostiler, J.L. On the motion, the ayes were 148, nays 1. The motion prevailed. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HR 586-1710. By: Representatives Beck of the 148th, Adams of the 79th, and Patten of the 146th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for the publication of a summary of each proposed general amend ment to the Constitution; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 586-1710 by adding before the sentence, "A proposal for a new Constitution shall be published in the same manner as a proposed general amendment.", the following: "The 'Constitutional Amendments Publication Board' shall designate whether the offi cial organ or another newspaper shall be selected for such publication." Representative Beck of the 148th moved that the House agree to the Senate amend ment to HR 586-1710. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castlebeny, D. Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. 2686 JOURNAL OF THE HOUSE, Gammage, L. Y Gignifflat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Y Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Kairh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, BiU Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phfflips, R.T. Y Phillips, W.R. Y Pilewicz, G. On the motion, the ayes were 151, nays 0. The motion prevailed. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne^Ir. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. Representative Thompson of the 93rd moved that the House insist on its position in amending SB 501. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 1764. By: Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd, Bray of the 70th, Hawkins of the 50th, and Kemp of the 139th: A BILL to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries in the event of vacan cies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of electors within a single county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination; and for other purposes. HB 1848. By: Representatives Thompson of the 93rd, and Buck of the 95th: A BILL to amend Code Section 24-2715, relating to additional duties of clerks of superior MONDAY, MARCH 6, 1978 2687 courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm; and for other purposes. The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Resolution of the Senate: SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year thereafter; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Stumbaugh of the 55th, Bell of the 5th, and Howard of the 42nd. The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1246. By: Representatives Baugh of the 108th, Parham of the 109th, Rowland of the 119th, and Savage of the 25th: A BILL to amend Code Section 38-418, relating to confidential communications, so as to provide that communications between a physician and a patient shall be privileged; and for other purposes. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. The following report of the Committee of Conference on HB 1335 was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1335 Mr. Speaker: Mr. President: Your Conference Committee on House Bill 1335 has met and recommends the follow ing: That the House recede from its position and accept the Senate Substitute to H. B. 1335. Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/Honorable Roy E. Barnes Senator, 33rd /s/Honorable Randolph C. Karrh District Representative, 106th District /s/Honorable Nathan Dean Senator, 31st District /s/Honorable Ben Barron Ross Representative, 76th District /s/Honorable Virginia Shapard Senator, 28th District /s/Honorable Bill Jones Representative, 78th District 2688 JOURNAL OF THE HOUSE, Representative Karrh of the 106th moved that the report of the Committee of Confer ence on HB 1335 be adopted. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdaong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burrugs, A.L. Burton, J. Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Ganunage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Greet, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill N Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phfflips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Stemberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 126, nays 3. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference No. 2 thereon: SB 236. By: Senators Riley of the 1st, Duncan of the 30th, Dean of the 31st, Hudson of the 35th, and others: A BILL to amend an Act approved Mar. 16, 1972, known as the "Geo. L. Smith II Georgia World Congress Center Act", relating to the creation, powers and duties of the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide additional and redefine existing powers of the Geo. L. Smith II Georgia World Congress Center Authority relative to the operation and management of the Geo. L. Smith II Georgia World Congress Center; and for other purposes. The following report of the Committee of Conference No. 2 on SB 236 was read: CONFERENCE COMMITTEE REPORT ON SENATE BILL 236 Mr. President: Mr. Speaker: Your Conference Committee on Senate Bill 236 recommends that both the Senate and MONDAY, MARCH 6, 1978 2689 the House of Representatives recede from their position and that the attached Conference Committee Substitute be adopted. Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/J. Ebb Duncan Senator, 30th District /s/Tom Triplett Representative, 128th /s/Perry J. Hudson Senator, 35th District /s/Nathan Dean Senator, 31st District /s/Lauren (Bubba) McDonald, Jr. Representative, 12th District /s/Benson Ham Representative, 30th District A BILL To create the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; to provide for membership; to provide terms of office; to provide for organiza tion; to provide for the filling of vacancies; to provide duties; to direct certain State offi cers and agencies to provide assistance; to provide for staff; to provide for reports; to provide for financial matters; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. WHEREAS, the Geo. L. Smith II Georgia World Congress Center Authority is charged by law with the construction and operation of a comprehensive international trade and convention center for the State to be known as the Geo. L. Smith II Georgia World Congress Center; and WHEREAS, the authority is a creature of the General Assembly, having been created for the purpose of constructing and operating the Geo. L. Smith II Georgia World Con gress Center; and WHEREAS, it is incumbent upon the members of the General Assembly to period ically review the efficiency and effectiveness with which said authority is meeting its statu tory duties and functions. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chairman shall serve terms of two years concur rent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in the "Geo. L. Smith II Georgia World Congress Center Act" (Ga. Laws 1974, p. 174), as now or hereafter amended. Section 2. The State Auditor, the Attorney General, and all other agencies of State government, upon request by the committee, shall assist the committee in the discharge 2690 JOURNAL OF THE HOUSE, of its duties herein set forth. The committee may employ not more than two staff mem bers and may secure the services of independent accountants, engineers and consultants. Section 3. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the State Auditor and other State agencies in order that the charges of the committee, set forth herein, may be timely and efficiently discharged. The authority shall submit to the com mittee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform the functions specified in this Act. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth herein. Section 4. In the discharge of its duties, the committee shall evaluate the perfor mance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) prudent, legal and accountable expenditure of public funds; (2) efficient operation; and (3) performance of its statutory responsibilities. Section 5. (a) The committee is hereby authorized to expend State funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of this Act shall come from the funds appropriated to and available to the legislative branch of government. Section 6. Nothing contained within this Act shall relieve the Geo. L. Smith II Georgia World Congress Center Authority of the responsibilities imposed upon it under law. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Triplett of the 128th moved that the report of the Committee of Con ference No. 2 on SB 236 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Guilders, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui. C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gigniffiat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. MONDAY, MARCH 6, 1978 2691 Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, KG. Y Murray, B. Y Neasmith, P.E. Y Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G, Y Pinkston, P.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. ROBS, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the motion, the ayes were 146, nays 0. The motion prevailed. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto: HB 1711. By: Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th, Carnes and Horton of the 43rd, Snow and Hays of the 1st, Sizemore of the 136th, Hill of the 127th, and others: A BILL to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; and for other purposes. The following Senate substitute was read: A BILL To safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex and age with respect to employment; to define certain terms; to set forth the purpose of this Act, its construction, effect and manner of citation; to make unlawful certain discrimination; to provide that cer tain employment practices with respect to discrimination shall not be unlawful; to provide that preferences in employment practices because of imbalances in employment are not permitted; to create the Office of Fair Employment Practices; to provide for an Adminis trator of said office; to create a Fair Employment Practices Advisory Board; to provide for the Administrator's powers and duties, and legal counsel; to provide for a procedure in investigation of complaints and for the administration and enforcement of this Act; to pro vide for certain damages to be awarded on frivolous claims; to provide that certain types of affirmative action may be ordered by the Administrator; to provide that the Adminis trator procedure is exclusive; to provide for judicial review; to make unlawful certain prac tices by one person, or by two or more persons in conspiracy; to make unlawful the violation of the terms of a conciliation agreement; to provide that agency is a defense in certain proceedings under this Act; to provide for civil penalties; to provide for a short title; to provide a severability clause; to provide for review, continuation, reestablishment or termination; to provide an effective date; to repeal conflicting laws; and for other pur poses. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Definitions. In this Act: (a) "Administrator" means the Administrator of the Office of Fair Employment Practices. 2692 JOURNAL OF THE HOUSE, (b) "Discrimination" means any direct or indirect act or practice of exclusion, dis tinction, restriction, segregation, limitation, refusal, denial or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex or age between forty and sixty-five, or the aiding, abetting, inciting, coercing or compelling thereof. "Discrimination" shall also mean any system of quotas or affirmative action that requires the hiring, firing, promotion or demotion of any person solely because of that person's race, color, religion, national origin, sex or age between forty and sixty-five. (c) "Unlawful practice" means an act or practice declared to be an unlawful practice in Sections 3, 4, 5, 20 or 21 of this Act. (d) "Public employment" means employment by any department, board, bureau, commission, authority or other agency of the State of Georgia. (e) "Public employer" or "employer" as used in this Act means any department, board, bureau, commission, authority or other agency of the State of Georgia which employs fifteen or more employees within the State for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and an agent of such person. The term "public employer" shall include any person elected to public office in this State with respect to (1) employees of the employer in positions, or (2) with respect to individuals applying for positions, on such officer's personal staff or on the policy-mak ing level or as immediate advisors with respect to the exercise of the constitutional or legal powers of the office held by such employer, provided, however, the foregoing exemption shall not include such employers with respect to employees, or individuals applying for employment, in positions subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this State. (f) "Religion" means all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hard ship on the conduct of the employer's operation. Section 2. Purposes of law; construction; effect; citation, (a) The general purposes of this Act are: (1) To provide for execution within public employment in the State of the policies embodied in Title VII of the federal Civil Rights Act of 1964 (78 Stat. 241), as amended by the "Equal Employment Opportunity Act of 1972" (86 Stat. 103), as from time to time amended, the federal Age Discrimination in Employment Act of 1967 (81 Stat. 602), as from time to time amended, and the federal Rehabilitation Act of 1973 (87 Stat. 355), as from time to time amended. (2) To safeguard all individuals in public employment from discrimination in employment. (3) To promote the elimination of discrimination against all individuals in public employment because of such individuals' race, color, religion, national origin, sex and age; thereby to promote the protection of their interest in personal dignity and free dom from humiliation, to make available to the State their full productive capacities, to secure the State against domestic strife and unrest which would menace its demo cratic institutions, to preserve the public safety, health and general welfare and to fur ther the interests, rights and privileges of individuals within the State. (b) This Act shall be construed to further the general purposes stated in this Section and the special purposes of the particular provision involved. (c) Nothing in this Act shall be construed as indicating an intent to exclude local or federal laws on the same subject matter not inconsistent with this Act. (d) Nothing contained in this Act shall be deemed to repeal any other nonconflicting law of this State relating to discrimination because of race, color, religion, national origin, sex or age. Section 3. Employers; discrimination. It is an unlawful practice for an employer: (a) To fail or refuse to hire, or to discharge any individual, or otherwise to discrimi nate against any individual with respect to his compensation, terms, conditions or privi- MONDAY, MARCH 6, 1978 2693 leges of employment, because of such individual's race, color, religion, national origin, sex or age between forty and sixty-five; or (b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, national origin, sex or age between forty and sixty-five; or (c) To hire, promote or advance, segregate or affirmatively hire an individual solely as the result of race, color, religion, national origin, sex or age between forty and sixty-five. Section 4. Apprenticeship or training, discrimination. It is an unlawful practice for an employer controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against an individual because of his race, color, religion, national origin or sex in admission to or employment in any program established to pro vide apprenticeship or other training or to discriminate by allowing admission or pro motion to an apprenticeship or training solely as the result of race, color, religion, national origin, sex or age between forty and sixty-five. Section 5. Advertisement of employment. It is an unlawful practice for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such an employer indicating any preference, limitation, specification, or discrimination, based on race, color, religion, national origin, sex or age between forty and sixty-five, except that such a notice or advertisement may indicate a preference, limitation or specification based on religion, national origin, sex or age between forty and sixty-five, when religion, national origin, sex or age between forty and sixty-five is a bona fide occupational qualification for employment. Section 6. Religion or national origin, employment discrimination is not unlawful in certain cases. Notwithstanding any other provisions of this Act, it is not an unlawful prac tice for an employer to hire and employ employees or to select an individual in any train ing program, on the basis of religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Section 7. Discrimination in wages or conditions not unlawful when made on basis other than race, color, religion or national origin, sex or age. Notwithstanding any other provision of this Act, it is not an unlawful practice for an employer to apply different stan dards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, national origin, sex or age between forty and sixty-five; nor is it an unlawful prac tice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results thereof is not designed, intended or used to discriminate because of race, color, religion, national origin, sex or age between forty and sixty-five. Section 8. Preference because of imbalance in employment not permitted, (a) An employer shall not grant preferential treatment to an individual or to a group because of the race, color, religion, national origin, sex or age between forty and sixty-five of the indi vidual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, national origin, sex or age between forty and sixty-five in the State or a community, section or other area, or in the available work force in the State or a community, section or other area. (b) Nothing contained in this Act prohibits: (1) Minimum hiring ages otherwise provided by law. (2) State compliance with federal regulations. (3) Termination of the employment of any person who is unable or incompetent or refuses to perform his duties. 2694 JOURNAL OF THE HOUSE, (4) Any physical or medical examinations of applicants or employees which an employer requires to determine fitness for the job or position sought or held. (5) An employer from observing the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension or insurance plan which is not a subterfuge to evade the purposes of this Act. Section 9. Fair Employment Practices Advisory Board, (a) A Fair Employment Prac tices Advisory Board is hereby created. The Board shall consist of nine persons. Three members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives. All initial appointments as well as all other appointments for succes sive terms shall be for two years. In the event of a vacancy during the term of any member appointed by the Governor, Lieutenant Governor or Speaker, whether by reason of death, resignation or otherwise, the appointment of a successor by the Governor, Lieutenant Gov ernor or Speaker shall be only for the remainder of the unexpired term. (b) The Board shall annually elect a chairman and such other officers as it deems appropriate and shall meet at least three times a year at a time and place specified in writing by the Administrator. The Board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purposes of con ducting routine or special business. Each member of the Board shall serve without pay but the members who are not otherwise State officials or employees shall receive a per diem of $44.00 for each day said members are engaged in their official duties and the legal mile age allowance authorized for State employees for the use of their personal automobiles while engaged in the official duties of the Board. (c) The Board shall assist the Administrator in an advisory capacity in carrying out the duties and functions of the office including, but not limited to, matters relating to fair employment practices and the effectiveness of the State programs and operations. (d) The Board shall make a written report to the Governor and General Assembly by December 31 each year. Such report shall advise the Governor and General Assembly of the Board's activities and the administration of this Act, with such recommendation for change, if any, as the Board deems proper. Section 10. Administrator. There is hereby created the Office of Fair Employment Practices. The Governor, with the consent of the Senate, shall appoint an Administrator of the office of Fair Employment Practices, who shall serve for a term of two years. The office of Fair Employment Practices shall be attached to the office of the Governor for administrative purposes only. Section 11. Administrator's function. The function of the Administrator shall be to encourage fair treatment for, to foster mutual understanding and respect among individu als of this State and to discourage discrimination in employment against the individuals of this State. Section 12. Administrator's powers and duties; legal counsel, (a) The powers and duties of the Administrator shall be: (1) To employ all necessary personnel subject to the approval of the Board and within the limits of the funds appropriated by the General Assembly. (2) To conduct research projects or make studies into and publish reports on unlawful practices in Georgia. (3) To receive and investigate complaints of unlawful practices. (4) To cooperate with other organizations, public and private, to discourage unlaw ful practices. (5) To make an annual report to the Governor and the General Assembly of its activities under this Act. (b) The Attorney General shall be the legal counsel for the Administrator. (1) Except as otherwise provided in this Act, the Attorney General, or such member or members of his staff as he may designate, shall advise the Administrator in legal matters arising in the discharge of his duties and shall represent the Adminis trator in legal actions to which he is a party. MONDAY, MARCH 6, 1978 2695 (2) The Attorney General shall be the legal counsel for the Administrator in the event the Administrator determines that there is probable cause to believe that an agency or authority has engaged in an unlawful practice as defined in this Act, and the Administrator's staff is unable to eliminate the alleged unlawful practice by con ference, conciliation and persuasion. Section 13. Additional powers and duties. In the enforcement of this Act the Admin istrator shall have the following powers and duties: (a) To maintain an office in the City of Atlanta and such other offices within the State as may be deemed necessary. (b) To meet and exercise his powers at any place within the State. (c) Within the limitations provided by law, to appoint clerks and other employees and agents as he may deem necessary. (d) To cooperate with State, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental depart ments and agencies. (e) To cooperate with the United States Equal Employment Opportunity Commis sion created by Section 705 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of that Act, and with other federal and local agencies in order to achieve the purposes of this Act. (f) To accept gifts or bequests, grants or other payments, public or private, on behalf of the State of Georgia and to pay such monies into the State Treasury. (g) To accept on behalf of the State of Georgia reimbursement pursuant to Section 709(b) of the Civil Rights Act of 1964 (78 Stat. 241), as amended, for services rendered to assist the Federal Equal Employment Opportunity Commission. (h) To receive, initiate, investigate and seek to conciliate complaints alleging viola tions of this Act. (i) To furnish technical assistance requested by persons subject to this Act to further their compliance with this Act or an order issued thereunder. (j) Upon the approval of the Board, to make studies appropriate to effectuate the purposes and policies of this Act and upon approval of said Board to make the results thereof available to the public. (k) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the Administrator for legislative or other action to effectuate the purposes and policies of this Act. (1) To make provision for technical and clerical assistance to the Fair Employment Practices Advisory Board. (m) To apply to the Federal Equal Employment Opportunity Commission for status as a "deferral agency" under Section 706 of the Civil Rights Act of 1964 (78 Stat. 241), as amended, as provided by the rules and regulations of said Commission, or as a "referral agency" under Section 709 of the Civil Rights Act of 1964 (78 Stat. 241), as amended. Section 14. Complaints of discrimination in employment; procedure; conciliation agreements, enforcement, (a) An individual claiming to be aggrieved by an unlawful prac tice or other person on behalf of an individual claiming to be aggrieved by an unlawful practice may file with the Administrator a written sworn complaint stating that an unlaw ful practice has been committed, setting forth the facts upon which the complaint is based and setting forth facts sufficient to enable the Administrator to identify the employer charged (hereinafter the respondent). The Administrator's staff shall promptly investigate the allegations of unlawful practice set forth in the complaint and shall within 15 days of filing serve the respondent with a copy of the complaint. The complaint shall be barred unless filed within one hundred eighty days after the alleged unlawful practice occurs. (b) The Administrator shall determine within a reasonable time after the complaint has been filed whether there is probable cause to believe the respondent has engaged in an unlawful practice. If it is determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint. 2696 JOURNAL OF THE HOUSE, (c) The complainant, within 10 days after receiving a copy of the order dismissing the complaint, may file with the Administrator an application for reconsideration of the order. Upon such application, the Administrator shall make a new determination within fifteen days whether there is probable cause to believe that the respondent has engaged in an unlawful practice. If it is again determined that there is no probable cause to believe that the respondent has engaged in an unlawful practice, the Administrator shall issue an order dismissing the complaint. (d) If the Administrator determines, after investigation, or if the Administrator determines after the review provided for in subsection (c) above, that there is probable cause to believe that the respondent has engaged in an unlawful practice, the Administra tor's staff shall first endeavor to eliminate the alleged unlawful practice by conference, conciliation and persuasion. The terms of a conciliation agreement reached with a respond ent may require him to refrain from the commission of unlawful discriminatory practices in the future and make such further provisions as may be agreed upon between the Administrator and the respondent. If a conciliation agreement is entered into, the Admin istrator shall issue and serve on the complainant a final order stating its terms. Except for the terms of the conciliation agreement, neither the Administrator nor any agent thereof shall make public, without the written consent of the complainant and the respondent, information concerning efforts in the particular case to eliminate an unlawful practice by conference, conciliation or persuasion whether or not there is a determination of probable cause or a conciliation agreement. (e) At the expiration of one year from the date of a conciliation agreement, and at other times in its reasonable discretion, the Administrator's staff may investigate whether the terms of the agreement have been and are being complied with by the respondent. The Administrator shall report his findings to the complainant and the respondent. (f) If the Administrator should find the filing of the complaint or charge frivolous, the respondent may be awarded reasonable damages not to exceed $1,000.00 to be paid by the complainant. Section 15. Notice and hearing, procedure, (a) Within 60 days after a complaint is filed, unless the Administrator has issued an order dismissing the complaint or stating the terms of a conciliation agreement, the Administrator upon approval of the Board shall request that the Governor appoint a Special Master to conduct a hearing in accordance with the provisions of this Act. Not more than 15 working days after such request, the Governor shall select and appoint a Special Master, who must be an attorney licensed to practice law in the State of Georgia. The Special Master shall have all of the power and authority granted to agencies in conducting hearings and rendering final orders under the Georgia Administrative Procedure Act, including, but not limited to, subpoena power. (b) Not more than seven days after the appointment of the Special Master, the Administrator shall serve on the respondent and on the complainant or his attorney by registered or certified mail a written notice, together with a copy of the complaint, requiring the respondent to answer the charges contained therein at a hearing before the Special Master at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (c) The respondent shall file an answer with the Special Master by registered or cer tified mail not more than 20 working days after receipt of the notice of hearing which 20 working days may be extended by the Special Master, in his discretion, for an additional time not to exceed 10 working days. The respondent must serve a copy of his answer on the complainant or his attorney. Upon leave of the Special Master, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the Special Master, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under the provisions of Sections 26 through 37 of Ga. Laws 1966, p. 609, as amended. Any order contemplated in the aforesaid Sections 26 through 37 may be issued by the Special Master. Judicial enforcement of any such order may be obtained by the complainant or MONDAY, MARCH 6, 1978 2697 respondent in the same manner as is provided for the enforcement of final orders in Section 23 of this Act. (d) Efforts at conference, conciliation and persuasion shall not be received in evi dence. (e) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant and may offer evidence. The complainant and, in the dis cretion of the Special Master, any other person may intervene, examine and cross-examine witnesses and present evidence. (f) If the respondent fails to answer the complaint, the Special Master may enter his default. Unless the default is set aside for good cause shown, the hearing may proceed on the evidence in support of the complaint. (g) Testimony taken at the hearing shall be under oath and stenographically, or otherwise, recorded by a certified court reporter. After the hearing, in his discretion, the Special Master, upon notice to all parties with an opportunity to be present, may take fur ther evidence or hear argument. (h) Except as otherwise specifically provided for in this Act, all proceedings of the Special Master shall be conducted as provided for with respect to contested cases in the Georgia Administrative Procedure Act. (i) Notwithstanding any other provision of this Act, a complainant may retain, at his own expense, private counsel, in lieu of an Administrator's attorney, to represent him in any proceeding provided for under this Act. Section 16. Findings of Special Master; orders; nature of affirmative action, (a) If the Special Master determines that the respondent has not engaged in an unlawful prac tice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order dismissing the complaint. If the Special Master or Administrator should find the filing of the complaint or charge as frivolous or in bad faith, the respondent may be awarded reasonable damages not to exceed $1,000.00 to be paid by the complainant. (b) If the Special Master determines that the respondent has engaged in an unlawful practice, the Special Master shall state his findings of fact and conclusions of law and shall issue a final order requiring the respondent to cease and desist from the unlawful practice and to take such action as in the judgment of the Special Master will carry out the pur poses of this Act. (c) The respondent shall comply without delay with the terms and conditions of such a final order. Section 17. Judicial review; representation, (a) Any party to a hearing before a Spe cial Master may appeal any adverse final order of a Special Master by filing a petition for review in the superior court in the county in which the alleged unlawful practice occurred or in the superior court of the residence of the respondent. Neither the Adminis trator nor the Special Master shall be a named party; however, the Administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the Administrator, the Administrator shall forward to the court a certified copy of the record of the hearing before the Special Master including the transcript of the hearing before the Special Master, all evidence, administrative pleadings and orders. All appeals for judicial review shall be in accordance with the Georgia Administrative Procedure Act, provided however, if any provisions of the Georgia Administrative Procedure Act conflict with any provision of this Act, this Act controls. (b) The court shall not substitute its judgment for that of the Special Master as to the weight of the evidence on questions of fact. The court may affirm a final order of the Special Master or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; 2698 JOURNAL OF THE HOUSE, (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions or decisions; (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwar ranted exercise of discretion. Section 18. Investigations, powers, records, confidential nature of. (a) In connection with an investigation of a complaint of an unlawful practice filed under this Act, the Administrator and the respondent or their designees at any reasonable time shall have access to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence. (b) An employer or other person who believes that the application to them of an order issued under this Act would result in undue hardship may apply to the Administra tor for relief from the application of the order. If the Administrator finds that the applica tion of the regulation or order to the employer or person in question would impose an undue hardship, the Administrator may grant appropriate relief. (c) It is unlawful for the Administrator or employee of the Administrator to make public with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under this Section except as shall reasonably be necessary to the conduct of a proceeding under this Act. Section 19. Administrator procedure exclusive. Neither the Administrator, a Special Master nor any court of this State shall take jurisdiction over any claim of any unlawful practice under this Act while a claim of the same person seeking relief for the same griev ance is pending. A final determination of a claim alleging an unlawful practice under this Act shall exclude any other action or proceeding brought by the same person based on the same grievance. Section 20. Conspiracy to violate this Act unlawful. It shall be unlawful practice for a person, or for two or more persons to conspire: (a) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceed ing or hearing concerning an unlawful practice under this Act; or (b) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or (c) To obstruct or prevent a person from complying with the provisions of this Act or any order issued thereunder; or (d) To resist, prevent, impede or interfere with the Administrator or any of his representatives or a Special Master in the lawful performance of duty under this Act; pro vided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his statutory authority; or (e) To willfully initiate frivolous and unwarranted charges of discrimination against a public employer. Section 21. Conciliation agreements, violation unlawful. It is an unlawful practice for a party to a conciliation agreement made pursuant to subsection (d) of Section 14 of this Act to violate the terms of the agreement. Section 22. Agency as defense in certain proceedings under this Act. It shall be a defense to a violation of this Act by any person subject to the provisions of this Act that the violation was requested, sought or otherwise procured by a person subject to the provi sions of this Act. Section 23. Enforcement of orders of the Administrator. Any person, other than the Administrator or a Special Master, affected by a final order of the Administrator or a Spe cial Master may file in the superior court of the county of the residence of the respondent MONDAY, MARCH 6, 1978 2699 a certified copy of a final order of the Administrator or of a Special Master unappealed from, or of a final order of a Special Master affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. Section 24. Conspiracy or violation of confidential records, penalty. It shall be unlawful for any person to willfully engage in any of the following practices: (a) For the Administrator or employee of the Administrator to make public -with respect to a particular employer or person, without his consent, information obtained by the Administrator pursuant to his authority under Section 19 except as shall reasonably be necessary to the conduct of a proceeding under this Act; or (b) To retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this Act, or because he has made a charge, filed a complaint, testified, assisted or participated in any manner in any investigation, proceed ing or hearing concerning an unlawful practice under this Act; or (c) To aid, abet, incite, compel or coerce a person to engage in any of the acts or practices declared unlawful by this Act; or (d) To obstruct or prevent a person from complying with the provisions of this Act or any order issued thereunder; or (e) To resist, prevent, impede or interfere with the Administrator or any of his repre sentatives or a Special Master in the lawful performance of duty under this Act; provided, however, it shall not be a violation of this Act for anyone to challenge or resist any action by the Administrator or any of his representatives or a Special Master when there is a good faith belief that the Administrator or his representatives or a Special Master is acting unlawfully or acting in excess of his statutory authority. Section 25. Civil penalty. A violation of this Act shall not be deemed a crime but shall be punished by a civil fine only. Any person who willfully engages in a practice declared to be unlawful by a provision of this Act shall be punished civilly by a fine not to exceed $1,000.00. Section 26. Short title. This Act shall be known and may be cited as the "Fair Employment Practices Act of 1978". Section 27. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudica tion shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sen tence, clause or phrase so declared or adjudged invalid or unconstitutional were not orig inally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 28. Review, Continuation, Reestablishment or Termination. This Act and the Office of Fair Employment Practices and the Fair Employment Practices Advisory Board created by this Act shall be subject to the provisions of "The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies", approved March 24, 1977 (Ga. Laws 1977, p. 961). The term "regulatory agency" as used in said Act shall include the Fair Employment Practices Advisory Board and the Office of Fair Employment Practices created by this Act. Unless reestablished or continued in accord ance with the provisions of Section 9 of said Act, the Fair Employment Practices Advisory Board and the Office of Fair Employment Practices shall be terminated on July 1, 1980, and this Act shall be repealed in its entirety effective on the date specified in Section 8 of said 1977 Act. Section 29. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 2700 JOURNAL OF THE HOUSE, Section 30. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Daugherty of the 33rd moved that the House disagree to the Senate substitute to HB 1711. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. N Argo, B. Y Auten, D. N Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Y Connell, J. Cooper, B. Coi, W.E. N Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dijton, H.D. Dover, Bill Y Edwards, W. N Elliott, E.H. Evans, W.D. N Felton, D. Y Foster, P.W. N Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Isakson, J. Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Kairh, R. Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. N Lord, J. Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 112, nays 18. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y MUford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. N Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. N Peters, R.G. Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. N Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker HB 1683. By: Representatives Butler, Tolbert and Johnston of the 56th, Elliott of the 49th, and Snow of the 1st: A BILL to amend Code Section 26-1312, relating to the crime of interference with custody, so as to include within the crime the act of knowingly bringing into this State a person committed to the custody of another person; to provide a penalty; to provide for editorial revision; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1683 as follows: By striking from lines 6 and 7 of page 2 the following: "or by bringing a committed person into this State". Representative Butler of the 56th moved that the House agree to the Senate amend ment to HB 1683. MONDAY, MARCH 6, 1978 2701 On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C, Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 145, nays 0. The motion prevailed. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mufflnai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HR 482-1380. By: Representatives Adams of the 36th, Harrison, Isakson and Nix of the 20th, Glanton of the 66th, Horton of the 43rd, McDonald of the 12th, Cason of the 96th, Daniel of the 88th, and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from taxation certain property owned by a nonprofit corporation organ ized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth; and for other purposes. The following Senate amendment was read: The Senate moves to amend HR 482-1380 by striking the word "may" where it appears on line 25 of page 1 and insert in lieu thereof the word "shall". Representative Adams of the 36th moved that the House agree to the Senate amend ment to HR 482-1380. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. 2702 JOURNAL OF THE HOUSE, Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Colling, M. Y Colwell, C.H. Y Cornell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bffl) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. On the motion, the ayes were 144, nays 1. The motion prevailed. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. PhUlips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker HB 1427. By: Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th: A BILL to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; and for other purposes. The following Senate substitute was read: A BILL To amend Title 7 of the Code of Georgia of 1933, as amended, so as to add a new Chapter 3; to provide for a short title; to provide for applicability of Chapter; to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; to provide for limitation of time as a bar to arbitration; to provide for applications to the court to compel arbitration and to provide for demands for arbitration; to provide for appointment of arbitrators; to provide for an arbitration hearing and procedures relative thereto; to pro vide for subpoenas, notices to produce, depositions, and discovery; to provide for an award; to provide for changes of the award by the arbitrators on certain grounds; to provide for confirmation of the award by the court on certain grounds; to provide for the entry of judgment on the award; to provide for appeals; to provide for fees and expenses; to repeal a specific Code Title; to provide for application of this Act; to add a new Code Chapter relating to arbitration of medical malpractice claims; to provide for definitions; to author ize the arbitration of certain claims; to provide for petitions and court orders relative to such arbitration; to provide for tolling the statute of limitations; to provide when suit may be brought; to provide for the appointment and qualifications of the referee; to provide for the appointment, duties and compensation of reporters; to provide for an arbitration submission; to provide for the selection of arbitrators; to provide for vacancies; to provide MONDAY, MARCH 6, 1978 2703 for postponements and adjournments of arbitration; to provide for discovery; to provide for the powers of the referee in regard to witnesses and the production of books and papers; to provide for fees, compensation, competency and examination of witnesses; to provide for the admission of evidence; to provide for oaths and affidavits of arbitrators and witnesses; to provide for findings by the arbitrators and their recording and effect; to provide for appeals; to provide for costs; to provide for compensation of the arbitrators and the referee; to provide for civil and criminal immunity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Code of Georgia of 1933, as amended, is hereby amended by adding a new Chapter 3 to Title 7, to read as follows: "Georgia Arbitration Code for Construction Contracts 7-301. Short Title. This Chapter shall be known and may be cited as the 'Georgia Arbitration Code for Construction Contracts'. 7-302. Applicability. (a) This Chapter applies only to agreements made subsequent to the date this Act takes effect. (b) This Chapter shall apply only to construction contracts and contracts of war ranty on construction and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced. 7-303. Effect of Arbitration Agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbi tration is enforceable and confers jurisdiction on the courts of the State to enforce it and enter judgment on an award. 7-304. Validity of Agreement. In order for an agreement to arbitrate to be valid, it must provide for one of the following means of selecting arbitrators (1) mutual agree ment of the parties; (2) appointment of one arbitrator by each party to the arbitration, with the third neutral arbitrator to be agreed upon by the two arbitrators selected by the parties; or (3) a selection process utilizing an independent administrator, the admin istrator making the appointment of arbitrators from panels of proposed arbitrators which the parties have previously had the opportunity to review and strike therefrom persons to which they have objection. In lieu of setting forth the third alternative in an arbitration agreement, the requirements of this Section shall be satisfied if the arbitra tion agreement incorporates the rules or procedures of such an independent adminis trator so long as the rules and procedures of that independent administrator are in accordance with the provisions hereof. 7-305. Application to the Court; Venue; Service of Papers. (a) Application to the Court. (1) Any application to the court under this Chapter shall be made to the Supe rior Court of the county where venue lies, unless the application is made in a pending court action in which case it shall be made to the court hearing that action. Subse quent applications shall be made to the court hearing the initial application, unless the court otherwise directs. (2) All applications shall be by motion and shall be heard in the manner pro vided by law and rule of court for the making or hearing or motions, provided that the motion shall be filed in the same manner as a complaint in a civil action. (b) Venue. Venue for applications to the court shall lie: (1) in the county where the agreement provides for the arbitration hearing to be held; or (2) if the hearing has already been held, in the county where it was held; or (3) in the county where any party resides or does business. (c) Service of Papers. (1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested. (2) The initial application to the court shall be served on the other parties in the same manner as a complaint under the Georgia Civil Practice Act. 2704 JOURNAL OF THE HOUSE, (3) All other papers required to be served by this Chapter shall be served in the same manner as pleadings subsequent to the original complaint and other papers under the Georgia Civil Practice Act. (d) Scope of Court's Consideration. In determining any matter arising under this Chapter, the court shall not consider whether the claim with respect to which arbitration is sought is tenable or otherwise pass upon the merits of the dispute. 7-306. Limitation of Time a Bar to Arbitration. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this Chapter. (b) Failure to make this application to the court shall not preclude a party from asserting limitation of time as a bar to the arbitration. The arbitrators, in their sole dis cretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this Chapter for vacating or modifying an award. 7-307. Application to Compel or Stay Arbitration. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance there with and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a sub stantial issue is raised or the claim is barred by limita tion of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. (b) A party may serve upon another party a demand for arbitration. This demand shall specify: (1) the agreement pursuant to which arbitration is sought; (2) the name and address of the party serving the demand; (3) that the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within thirty days for an order to stay arbitration; and (4) the nature of the dispute or controversy sought to be arbitrated. Provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served. (c) After service of the demand, or any amendment thereof, the party served must make application within thirty days to the court for a stay of arbitration or thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Section. (d) Subject to the provisions of subsection (b) and (c), a party who has not partici pated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that: (1) no valid agreement to submit to arbitration was made; or (2) the agreement to arbitrate was not complied with; or (3) the arbitration is barred by limitation of time. 7-308. Appointment of Arbitrators. (a) If the arbitration agreement provides for a method of appointment of arbitra tors, that method shall be followed. If there be only one arbitrator, the term 'arbitrators' shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if: (1) the agreement does not provide for a method; or (2) the agreed method fails; or (3) the agreed method is not followed for any reason; or (4) the arbitrators fail to act and no successors have been appointed. An arbitrator so appointed shall have all the powers of one specifically named in the agreement. In appointing arbitrators under the provisions of this Chapter, the MONDAY, MARCH 6, 1978 2705 court shall seek to appoint persons having general knowledge and experience as to the type of dispute or controversy to be arbitrated. 7-309. Arbitration Hearings. (a) Before hearing any testimony, the arbitrators shall be sworn by an officer authorized to administer oaths to hear and decide the controversy faithfully and fairly. (b) Notwithstanding the fact that the arbitration agreement provides the county in which the arbitration hearing is to be held, the arbitrators, in their discretion, shall appoint a time and place for the hearing and shall notify the parties in writing, person ally or by registered or certified mail not less than ten (10) days before the hearing. Upon application of any party, if the court finds that the place for the hearing appointed by the arbitrators is unduly burdensome on any party, the court may stay the proceedings pending appointment of an alternative place for the hearing by the arbitra tors. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and deter mination of the controversy. (c) The parties are entitled to be heard, to present pleadings, documents, testimony and other matters, and to cross-examine witnesses. The arbitrators may hear and deter mine the controversy upon the pleadings, documents, testimony and other matters pro duced notwithstanding the failure of a party duly notified to appear. (d) A party has the right to be represented by an attorney at any proceeding or hearing under this Chapter. A waiver of this right prior to the proceeding or hearing is ineffective. (e) The hearing shall be conducted by all the arbitrators, unless the parties other wise agree; but a majority may render and change an award, as provided in this Chapter. (f) The arbitrators shall maintain a record of all pleadings, documents, testimony and other matters introduced at the hearings. Any party to the proceeding may have the proceedings transcribed by a court reporter. (g) Except as provided in subsection (d), a requirement of this Section may be waived by written consent of the parties or by continuing with the arbitration without objection. 7-310. Subpoenas: Discovery. (a) (1) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence. (2) These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action, provided that the court shall not enforce subpoenas in the event that it determines that the effect of said subpoenas would be unduly burdensome or oppressive to any party or person. (b) Notices to produce books, writings, and other documents or tangible things, depositions, and other discovery may be used in the arbitration according to procedures established by the arbitrator. (c) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts. 7-311. Award. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by regis tered or certified mail, return receipt requested, or as provided in the agreement. (b) Unless otherwise provided by the agreement, the award shall be made within 30 days following the close of the hearing or within such time as the court orders. The par ties may extend the time either before or after its expiration. A party waives the objec tion that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. 7-312. Change of Award by Arbitrators. (a) Pursuant to the procedure described in sub section (b), the arbitrators may change the award upon the following grounds: (1) there was a miscalculation of figures or a mistake in the description of any person, thing or property referred to in the award; or 2706 JOURNAL OF THE HOUSE, (2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) the award is imperfect in a matter of form, not affecting the merits of the controversy. (b) (1) An application to the arbitrators for a change in the award shall be made by a party within twenty days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties. (2) Objection to change of award by the arbi trators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties. (3) The arbitrators shall dispose of any application made under this Section in a written, signed order within thirty days after service upon them of objection to change or upon the expiration of the time for service of this ob jection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration. (4) An award changed under this Section shall be subject to the provisions of this Chapter concerning the confirmation, vacation, and modifications of awards by the court. 7-313. Confirmation of Award by Court. The court shall confirm an award upon appli cation of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this Chapter. 7-314. Vacation of an Award by the Court. (a) An application to vacate an award shall be made to the court within thirty days after delivery of a copy of the award to the applicant. (b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by: (1) corruption, fraud, or misconduct in procuring the award; or (2) partiality of an arbitrator appointed as a neutral; or (3) the arbitrators exceeded their authority or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or (4) a failure to follow the procedure of this Chapter, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection. (c) The award shall be vacated on the application of a party who neither partici pated in the arbitration nor was served with a demand for arbitration if the court finds that: (1) the rights of the party were prejudiced by one of the grounds specified in subsection (b); or (2) a valid agreement to arbitrate was not made; or (3) the agreement to arbitrate has not been complied with; or (4) The arbitrated claim was barred by limitation of time, as provided by this Chapter. (d) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either before the same arbitrators or before new arbitrators appointed as provided by this Chapter. Time in any provision of an agreement limiting the time for a hearing or award shall be measured from the date of such order or rehear ing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this Chapter. 7-315. Modification of an Award by the Court. (a) An application to modify the award shall be made to the court within thirty days after delivery of a copy of the award to the applicant. (b) The court shall modify the award if: (1) there was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; or MONDAY, MARCH 6, 1978 2707 (2) the arbitrators have awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) the award is imperfect in a manner of form, not affecting the merits of the controversy. (c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators. 7-316. Judgment on an Award. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by the Georgia Civil Practice Act. (b) The judgment roll shall consist of the following: (1) the agreement and each written extension of time within which to make the award; (2) the award; (3) a copy of the order confirming, modifying, or correcting the award; and (4) a copy of the judgment. 7-317. Any judgment, or any order considered a final judgment under this Chapter, may be appealed pursuant to the provisions of the Appellate Practice Act of 1965, Georgia Laws 1965, p. 18, as amended. 7-318. Fees and Expenses. (a) Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the award. (b) Upon application, the court may reduce or disallow any fee or expenses it finds excessive or may allocate it as justice requires." Section 2. Code Title 7, relating to arbitration and award, is hereby amended by adding following Code Chapter 7-3, a new Code Chapter to be designated Code Chapter 7-4, to read as follows: "CODE CHAPTER 7-4 ARBITRATION OF MEDICAL MALPRACTICE CLAIMS 7-401. Medical Malpractice Claims Defined. For the purposes of this Chapter, the term 'medical malpractice claim' shall mean any claim for damages resulting from the death of or injury to any person arising out of (a) health, medical, dental or surgical: (1) service, (2) diagnosis, (3) prescription, (4) treatment, or (5) care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of such lawfully authorized person, or (b) care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facil ity or institution, or by any officer, agent or employee thereof acting within the scope of his or her employment. 7-402. Medical Malpractice Arbitration Authorized. In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical mal practice claim may submit such claim for arbitration in accordance with the provisions of this Chapter. 7-403. Arbitration Order. If the parties to a medical malpractice claim agree to arbi trate such claim pursuant to this Chapter, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of such claim in accordance with the provisions of this Chapter and for the appointment of a referee for such arbitration. If the judge determines that the claim is a medical malprac tice claim subject to the provisions of this Chapter, within thirty days of the filing of the petition for such order he shall issue an order authorizing such arbitration and appointing a referee. Provided, however, that no agreement to arbitrate shall be enforce able unless the agreement was made subsequent to the alleged malpractice and after a dispute or controversy has occurred. 7-404. Tolling of Statute of Limitations; Circumstances in Which Suit Permitted After Petition for Arbitration Filed. The filing of the petition for an order authorizing arbitration, as provided in Code Section 7-403, shall toll any applicable statute of limita tions and such statute of limitations shall remain tolled until the earliest of: 2708 JOURNAL OF THE HOUSE, (a) Thirty days after the filing of such petition, when the judge has failed within said thirty days to issue an order authorizing arbitration, as provided in Code Section 7-403; (b) Sixty days after the issuance of the judge's order authorizing arbitration, when the parties or their representatives have failed by said time to sign the arbitration sub mission, as provided in Code Section 7-407; (c) The date the arbitration submission is revoked, as provided in Code Section 7-407; If any of the contingencies listed above occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this State having jurisdiction. 7-405. Reporter; Duties; Compensation. The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to exactly and truly record the testimony and proceedings in the case being arbitrated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses and travel allowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel proceedings as those now or hereafter applicable to reporters of the superior court of the county in which the arbitration was authorized. 7-406. Qualifications of Referee. The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel. 7-407. Arbitration Submission. The referee shall meet with the parties of their repre sentatives, or both, prior to the arbitration. The referee shall assist the parties in pre paring an arbitration submission which shall contain the following: (1) a clear and accurate statement of the matters in controversy; (2) an agreement as to the payment of the costs of the arbitration; (3) the procedure to be followed in the arbitration; (4) a list of the witnesses whose testimony the parties desire to present to the arbi trators; (5) the names of the arbitrators chosen by each party; (6) the time and place of meeting of the arbitrators; and (7) any other matters that may be pertinent to the arbitration. Such submission shall be in writing and shall be signed by the parties or their repre sentatives. When signed, the submission shall be irrevocable except by consent of all the parties. 7-408. Arbitrators, (a) Every arbitration pursuant to this Chapter shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Section 7-407 and one of whom shall be cho sen by the arbitrators named in such submission. The third arbitrator shall be chosen after the parties sign the submission provided in Section 7-407 and before arbitration begins. (b) If the arbitrators chosen by the parties are unable to agree upon the third arbitra tor as provided in subsection (a) of this Section, the judge authorizing the arbitration and appointing the referee or said judge's successor shall appoint the third arbitrator. (c) In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator chosen by each side. The plaintiff par ties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator. 7-409. Vacancies. If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the parties shall choose another in his place. If the arbitrators cho sen by the parties are unable to agree upon the third arbitrator, said third arbitrator shall be appointed as provided in Code Section 7-408 (b). An arbitrator chosen pursuant to this Section shall have all the powers of the original arbitrator. 7-410. Arbitrators To Be Sworn, (a) Before the arbitrators begin the arbitration, they shall be sworn by the referee impartially to determine the matters submitted to them MONDAY, MARCH 6, 1978 2709 according to law and the justice and equity of the case without favor or affection to either party. (b) Each arbitrator selected under the provisions of this Act shall sign the following affidavit before the selection is effective and before acting as an arbitrator: State of Georgia ____________County I, ____________, first being duly sworn, make this affidavit: I, ___________________, agree to serve as arbitrator in the case of ___________________ vs. ____________________, and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and abide by all decisions of the referee. I also agree not to discuss this case or any issue with any person except when all other arbitrators and the referee are present. __________________, L. S. 7-411. Postponement Of Arbitration. When, upon the meeting of the arbitrators, if either party shall not be ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of jus tice, considering all the circumstances of the case. If one party shall not be ready for trial at the time appointed for the hearing of the case and said party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, such determination to be consistent with the ends of justice, considering all the circumstances of the case. 7-412. Adjournments By Arbitrators. After the arbitrators shall have commenced their investigations, they may adjourn from day to day, or for a longer time, if the ends of justice require it, until their investigations are completed, and they have made up their award. The arbitrators will not meet or discuss the case or any issue except as a group and with the referee present. 7-413. Discovery. The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts. 7-414. Powers Of Referee To Compel Attendance Of Witnesses; Compensation Of Wit nesses. The referee shall be clothed with all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testify, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be enti tled to the same compensation as witnesses in the superior courts, and such compensa tion may be collected in the same manner. 7-415. Powers Of The Referee To Compel The Production Of Books, Etc. The referee shall be clothed with all the powers of the superior courts to compel parties to produce books and all other papers which they may deem necessary and proper for the investiga tion of the matters submitted to arbitration, giving to the party, his agent or attorney, from whom the production is required, such notice as is required in the superior courts for the production of papers. 7-416. Competency Of Witnesses. All persons who are competent as witnesses in the superior courts shall be competent in all cases before said arbitrators. 7-417. Rules Governing Examination Of Witnesses And Admission Of Evidence. The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts. 7-418. Administration Of Oaths By Referee. The referee shall have power to adminis ter oaths to witnesses, and all other oaths that may be necessary for carrying the provi sions of this Chapter into full effect. 7-419. Findings. The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all. 2710 JOURNAL OF THE HOUSE, 7-420. Copy Of Findings To Be Given To Parties, Original Returned To Court; Record; Effect. After the arbitrators shall have made their findings, the referee shall fur nish each of the parties with a copy thereof, and the original shall be entered on the minutes of the court authorizing the arbitration, shall have all the force and effect of a judgment or decree of said court, and may be enforced in the same manner at any time after the adjournment of said court. For the entering of such findings upon the minutes of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judgments in other cases, to be paid by the parties as provided in the sub mission. 7-421. Finality Of Findings; Appeals To Superior Court. All findings of the arbitrators with respect to which no application for a review thereof is filed in due time, shall be final and conclusive between the parties as to all matters submitted to the arbitrators; but either party to the dispute may, within 30 days from the date such findings are entered upon the minutes of the court authorizing the arbitration, appeal from such findings to the superior court of the county in which the arbitration was authorized. When such appeal is made, all findings shall be final and conclusive between the parties as to all matters submitted to the arbitrators only upon the final disposition of the appeal as provided by this Chapter. The party conceiving himself to be aggrieved may file an application in writing to the referee of the arbitration panel asking for an appeal from any such findings, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed as herein provided, the referee shall, within 30 days from the filing of the same, cause a true copy of the submission, findings and all other parts of the record, including a transcript of evidence and proceedings, to be transmitted to the clerk of the superior court to which the case is appealable, as hereinbefore set out. The cause so appealed may thereupon be brought on for a hearing in either term time or vacation before said superior court upon such record by either party on 10 days' written notice to the other; subject, however, to an assignment of the same for hearing by the court. The findings of fact made by the arbitrators shall, in the absence of fraud, be conclusive, but upon such hearing the court shall set aside the findings, if it be found that: (1) The findings were procured by fraud; (2) There is no evidence to support the findings of fact by the arbitrators; (3) The findings are contrary to law. No findings shall be set aside by the court upon any grounds other than one or more of the grounds above stated. If not set aside upon one or more of such stated grounds, the court shall affirm the findings so appealed from. Upon the setting aside of any such findings, the court may recommit the controversy to the arbitration panel for further hearing or proceeding in conformity with the judgment and opinion of the court, or such court may enter the proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect, and all proceedings in rela tion thereto shall thereafter be the same as though rendered in a suit heard and deter mined by said court. In case of an appeal from the decision of the arbitration panel, said appeal shall oper ate as a supersedeas, and no defendant shall be required to make payment of the amount involved in the submission in the case so appealed, until such question at issue therein shall have been fully determined in accordance with the provisions of this Chap ter. Defendant may voluntarily make payment, however, prior to final disposition of the appeal. 7-422. Costs; How Taxed. The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission. 7-423. Compensation Of Arbitrators And Referee. The arbitrators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission. 7-424. Civil And Criminal Immunity. An arbitrator shall not be civilly or criminally liable for libel, slander or defamation of any of the parties to the arbitration, for any statement or action taken within the official capacity of the arbitrator during the arbi tration." MONDAY, MARCH 6, 1978 2711 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Hawkins of the 50th moved that the House disagree to the Senate sub stitute to HB 1427. The motion prevailed. HB 1485. By: Representatives Mostiler of the 71st, Adams of the 79th, Daniel of the 88th, Swann of the 90th, Dent of the 85th, Butler of the 56th, Lane of the 40th, Gammage of the 17th, and others: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to provide certain conditions upon the authority of a municipality to levy or collect pro ceeds from the local option sales tax; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), so as to provide certain condi tions upon the authority of a municipality to levy or collect proceeds from the local option sales tax; to provide for construction; to provide for all other matters relative to the fore going; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 984), an Act approved June 30, 1975 (Ga. Laws 1975, p. 1729), an Act approved March 31, 1976 (Ga. Laws 1976, p. 1019), and an Act approved March 24, 1977 (Ga. Laws 1977, p. 1008), is hereby amended by striking subsection (k) of Section 26A thereof in its entirety and substituting in lieu thereof a new subsection (k) to read as follows: "(k) (1) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the year following the initial year in which it is levied, the governing authority of any municipality levying such tax or collecting any proceeds from such tax shall adjust the mill rate for ad valorem taxation for oper ations and maintenance of such municipality so that the revenue derived from ad valorem taxation of tangible property by such municipality shall not exceed that total received from such taxation for the previous year, less an amount which shall equal the net proceeds derived by such municipality from the tax imposed pursuant to this Section during the previous year, if such tax was imposed for an entire calendar year, or if such tax was imposed for only a fraction of a year, by an annualized amount representing the tax for the entire calendar year. Provided, however, that any mill rate which has been established for the retirement of any bonded debt of the municipality shall in no way be reduced or affected. Provided, however, that when the corporate limits of a municipality are within more than one county, the reduction in ad valorem mill rate required by this subsection shall apply only in that portion of the municipal ity levying the tax or collecting any proceeds from the tax. (2) If, as a result of this subsection the foregoing paragraph, the mill rate levied for municipal operation and maintenance on tangible property shall be reduced to zero or if no ad valorem tax is levied upon tangible property by a municipality, then any funds derived from the tax authorized by this Act which remain in the general fund of such municipality may be expended by the governing authority of such municipal- 2712 JOURNAL OF THE HOUSE, ity for any lawful governmental purpose, including the retirement of bonded indebted ness. (3) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Section for the years following the year after the ini tial year in which it is levied, the municipality shall adjust annually the mill rate for municipal ad valorem taxation of tangible personal property as provided in this para graph. The municipal governing authority shall compute the mill rate necessary to produce revenue from taxation of tangible property hi the municipality which, when combined with other revenues reasonably expected to be received by the municipality during the year other than revenues derived from the tax imposed pursuant to this Section, would provide revenues sufficient to defray the expenses of the municipality for the year. The mill rate so ascertained shall then be reduced by a mill rate which, if levied against the tangible property within the municipality, would produce an amount equal to the proceeds of the tax levied under this Section which were received by the municipality during the preceding year. The tax bill of each ad valorem tax payer in the municipality shall show in a prominent manner the total mill rate first computed in this paragraph and shall show such mill rate reduced by the mill rate computed as the mill rate required to raise an amount of revenue equal to. the pro ceeds of the sales tax during the previous year. The remainder shall be the mill rate upon which the taxpayer's bill is based. (4) The taxing authority of each municipality coming under the provisions of this Section shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of municipal ad valorem property taxes which such taxpayer has received as a result of such municipality coming under the provisions of this Section. (5) The provisions of this subsection shall not be construed so as to require that a municipality prepare and mail ad valorem property tax bills when the ad valorem property tax mill rate in the municipality has been reduced to zero as a result of the receipt of proceeds from the tax levied pursuant to this Section." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Mostiler of the 71st moved that the House agree to the Senate substi tute to HB 1485. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinaon, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Bud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Rakton, E. Y Ramsey, T. Randall, W.C. MONDAY, MARCH 6, 1978 2713 Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. On the motion, the ayes were 140, nays 0. The motion prevailed. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1312. By: Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th, Nichols of the 27th, Auten of the 154th, Owens of the 77th, Nix of the 20th, and Looper of the 8th: A BILL to amend Code Chapter 54-99, relating to crimes respecting industrial relations so as to provide that it is unlawful for any person to put a minor to indecent, obscene, or immoral exhibitions; to provide a penalty; and for other purposes. Representative Swann of the 90th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1312 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Swann of the 90th, Truluck of the 86th and Nichols of the 27th. The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The following report of the Committee of Conference on HB 1543 was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1543 The Conference Committee on House Bill 1543 recommends that both the Senate and the House of Representatives recede from their positions and that the Senate Committee Substitute to House Bill 1543 be adopted with the following amendments: (1) By inserting in line 11 on page 1 between the word "another" and the word "without" the following: ", under certain conditions,". (2) By inserting in line 8 on page 2 between the word and semicolon "hours;" and the word "to" the following: "to provide a penalty for two or more convictions of hunt ing deer at night;". 2714 JOURNAL OF THE HOUSE, (3) By striking from lines 22 and 23 on page 2 the following: "and to provide for an additional penalty in connection therewith". (4) By striking from lines 6, 7 and 8 on page 25 the following: "felony and shall be sentenced for a minimum of 1 year and a maximum of 10 years imprisonment." and inserting in lieu thereof the following: "misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00 or by confinement for not more than 12 months or by both such fine and confinement." (5) By striking the word "on" where it appears between the word "deer" and the word "any" in line 5 on page 28 and inserting in lieu thereof the word "in". (6) By inserting between lines 12 and 13 on page 28 a new subsection (c) to read as follows: "(c) It shall not be unlawful for any person to kill a dog which does not have a collar but which is pursuing or killing deer in any locality, other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such killing." Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/Hugh Gillis Senator, 20th District /s/Howard H. Rainey Representative, 135th /s/Loyce W. Turner Senator, 8th District /s/Ronnie Walker Senator, 19th District /s/Ralph Twiggs Representative, 4th District /s/Charles C. Mann Representative, 13th District A BILL To amend Code Title 45, known as the "Game and Fish Code," so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; to change the provisions relative to conservation rangers; to make certain provisions applicable only to certain deputy conservation rangers; to change the provisions relative to wildlife technicians; to make it unlawful to hunt, trap or fish except at the times and places established by law or rules and regulations; to make it unlawful for a person to hunt on lands of another without written permission; to provide for exceptions; to provide for enforcement; to make it unlawful to hunt, trap or fish after obtaining the bag or creel limit for a species; to make certain changes regarding nongame species; to provide for additional penalties for hunting deer at night after a certain date; to delete the requirement that a firearm or bow and arrow be cased in a management area; to make certain changes regarding bonded and cash license agents; to authorize nonresi dents to hunt on their land owned in this State under certain circumstances; to require trout stamps in certain waters; to make certain changes regarding commercial fishing boat licenses; to make certain changes in the names of licenses; to make certain changes per taining to commercial saltwater fishing licenses; to provide that creel limits are not appli cable at licensed catch-out ponds; to change the provisions relative to taxidermists; to make certain provisions inapplicable to game fish; to make certain changes relating to game-holding permits; to make certain changes relating to wildlife exhibition permits; to make certain changes regarding wildlife storage permits; to make certain changes regarding falconry; to provide for license or permit revocation, denial, suspension or nonrenewal in certain instances; to require a wildlife importation permit, a federal migratory bird stamp, and a field and retriever trial permit; to make certain changes pertaining to hunting hours; to make certain changes pertaining to legal weapons; to correct the titles of certain Sec tions; to amend the Section relating to hunting while under sail or motor or while in MONDAY, MARCH 6, 1978 2715 motion; to make it unlawful to possess more than certain bag limits at certain places; to train hunting dogs; to change certain provisions relating to the killing of dogs running deer; to make certain changes relating to the taking and sale of game fish; to make certain changes relating to creel and possession limits; to make certain changes relating to trout waters and streams; to provide for certain possession limits in connection with certain reciprocal agreements; to make certain changes relating to commercial shad fishing; to make certain changes in the Section dealing with fish dealers; to make certain changes regarding the use of seines in salt water and to provide for an additional penalty in con nection therewith; to make certain changes in the Section pertaining to commercial saltwater fishing gear; to provide for a definition of adult eels; to make certain changes relating to wild animals; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 45, known as the "Game and Fish Code," is hereby amended by deleting in subsection 45-102(33) after the word "import" and before the words "fish dealer" the word: "wholesale", and by placing a period after the words "fish eggs into this State" and deleting the remainder of said subsection which reads as follows: "for the purpose of stocking or restocking any of the fresh waters of this State or the transporting into this State of fish to be used as freshwater bait, either in or outside of this State, where any or all of the foregoing are to be sold or furnished to others for the purpose of resale.", so that when amended, subsection 45-102(33) shall read as follows: "(33) 'Import fish dealer' means any person engaged in transporting live fish or fish eggs into this State." Section 2. Said Code Title is further amended by deleting the word "hunting" in subsection 45-102(37), so that when amended said subsection shall read as follows: "(37) 'Night' means between the hours of thirty (30) minutes after sunset and thirty (30) minutes before sunrise." Section 3. Said Code Title is further amended by deleting in subsection 45-102(50) the following: "for the purpose of stocking or restocking any fresh waters of this State or the pur chasing, raising, propagating, breeding or acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all the foregoing are", and by deleting the period and adding at the end of said subsection the phrase: "or for aquaria.", so that when amended subsection 45-102(50) shall read as follows: "(50) 'Retail fish dealer' means any person engaged in the purchasing, raising, propa gating, breeding or other acquisition or possession of live fish or fish eggs to be sold or furnished to others for use thereby, other than for resale or for aquaria." Section 4. Said Code Title is further amended by deleting the period at the end of subsection 45-102(60) and inserting in lieu thereof the following: ", and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species.", so that when amended subsection 45-102(60) shall read as follows: "(60) 'Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not normally a domestic species in this State, and specifically includes any vertebrate or invertebrate of the Animal Kingdom which is a hybrid or cross between a wild animal and a domestic species." Section 5. Said Code Title is further amended by deleting the period at the end of subsection 45-102(61) and inserting in lieu thereof the following: 2716 JOURNAL OF THE HOUSE, "or who offers any wild animal for sale to the public.", so that when amended subsection 45-102(61) shall read as follows: "(61) 'Wild animal retail dealer' means any person who imports, transports or pos sesses any wild animal for the purpose of sale to the public or who offers any wild ani mal for sale to the public." Section 6. Said Code Title is further amended by deleting in subsection 45-102(64) the following: "for the purpose of stocking or restocking any fresh waters of this State, or the pur chasing, raising, propagating, breeding or other acquisition of fish to be used as freshwater bait, either in or outside this State, where any or all of the foregoing are", and by deleting the period at the end of said subsection and inserting: "or aquaria.", so that when amended subsection 45-102(64) shall read as follows: "(64) 'Wholesale fish dealer' means any person engaged in the purchasing, raising, propagation, breeding or acquisition or possession of live fish or fish eggs to be sold or furnished to others for the purpose of resale or aquaria." Section 7. Said Code Title is further amended by inserting between the words "regu late the" and before the word "manner" in subsection 45-103(b), the following words: "times, places, numbers, species, sizes,", so that when amended subsection 45-103(b) shall read as follows: "(b) Promulgation of all rules and regulations necessary for the administration of this Title, including but not limited to rules and regulations to regulate the times, places, numbers, species, sizes, manner, method, ways, means and devices of killing, taking, cap turing, transporting, storing, selling, using and consuming wildlife and to carry out the provisions of this Title, and rules and regulations requiring daily use permits, for a fee not to exceed one dollar ($1.00), for the privilege of hunting and fishing in designated streams, lakes or game management areas." Section 8. Said Code Title is further amended by deleting in its entirety Section 45-116, relating to conservation rangers, and inserting in lieu thereof a new Section 45-116 to read as follows: "45-116. Conservation Rangers. The Board shall have the power to adopt rules and regulations concerning qualifications, appointments, badge, oath of office and other mat ters pertaining to a uniformed division to be known as conservation rangers. Provided, however, all such conservation rangers shall be at least twenty-one (21) years of age. The Board, by rule and regulation, shall designate the various classes of employees to be included within said uniformed division of conservation rangers including, but not limited to, the Commissioner and other supervisory personnel; provided, however, that the Commissioner and the Director of the Division of Game and Fish shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in an Act approved March 13, 1975 (Ga. Laws 1975, p. 79). The Commis sioner shall have the power to appoint conservation rangers of the State at large, of such number as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the Department. Pro vided, further, however, beginning with fiscal year 1979, the members of the Uniformed Division of Conservation Rangers shall consist of and be compensated at the following position classifications and pay grades, or the equivalent of such pay grades: Ranger Corporal Sergeant Lieutenant Captain Major Lieutenant Colonel Colonel Pay Grade 15 Pay Grade 16 Pay Grade 17 Pay Grade 18 Pay Grade 19 Pay Grade 21 Pay Grade 22 Pay Grade 24 MONDAY, MARCH 6, 1978 2717 The above members of the Uniform Division of Conservation Rangers, being in the clas sified service under the State Merit System of Personnel Administration, shall be sub ject to the rules and regulations of such system except as provided herein and the compensation for such pay grade, or the equivalent of such pay grades, shall not be reduced. Provided further, however, except for disciplinary action, no conservation ranger shall be involuntarily reassigned to a position classification and pay grade, or the equivalent of such pay grade, lower than that held by such conservation ranger on Janu ary Ij 1978. Provided further, however, if personal services funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, conservation rangers shall be compensated at the position classification and pay grade, or the equivalent of such pay grade, held by each such con servation ranger on January 1^ 1978, rather than being compensated at the position clas sification and pay grade specified in this Section." Section 9. Said Code Title is further amended by adding to the second sentence of subsection 45-117(b) after the word "rangers" and before the word "shall", the following phrase: "who are not employees of the Department", so that when amended subsection 45-117(b) shall read as follows: "(b) Deputy conservation rangers shall have all or part of the powers and duties of conservation rangers, as assigned by the Board. Deputy conservation rangers who are not employees of the Department shall receive no compensation for their services. The Board is hereby authorized to appoint such number of deputy conservation rangers as may be necessary to carry out the duties assigned to them." Section 10. Said Code Title is further amended by inserting in subsection 45-117(c) after the word "ranger" and before the word "shall" the following phrase: "who is not an employee of the Department", so that when amended subsection 45-117(c) shall read as follows: "(c) Each deputy conservation ranger who is not an employee of the Department shall personally secure a bond of not less than five thousand dollars ($5,000) from a bonding or surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Department." Section 11. Said Code Title is further amended by adding at the end of Code Section 45-118 a new subsection to be designated subsection (e) and to read as follows: "(e) At the expense of the Department, to assist the Department of Public Safety and the Georgia Bureau of Investigation, in carrying out their duties and responsibilities, when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation." Section 12. Said Code Title is further amended by inserting a new Section to follow present Section 45-120 and to read as follows: "45-121. Wildlife Technicians. Beginning with fiscal year 1979, wildlife technicians of the Department shall be in the classified service under the State Merit System of Per sonnel Administration and shall be compensated at the following position classifications and pay grades or the equivalent of such pay grades: Wildlife Technician I Wildlife Technician II Wildlife Technician III Wildlife Technician IV Pay Grade 14 Pay Grade 15 Pay Grade 16 Pay Grade 17 The above wildlife technicians being in the classified service under the State Merit Sys tem of Personnel Administration, shall, except as provided herein, be subject to the rules and regulations of such system and the compensation for such pay grades or the equivalent of such pay grades, shall not be reduced. Provided, however, except for disci- 2718 JOURNAL OF THE HOUSE, plinary action, no wildlife technician shall be involuntarily reassigned to a position clas sification and pay grade, or the equivalent of such pay grade, lower than that held by such wildlife technician on January 1, 1978. Provided further, however, if personal ser vices funds are not appropriated to the Department for the fiscal year 1979 over and above that amount necessary to maintain the fiscal year 1978 level of regular positions and labor, taking into account any normal increases plus any special cost-of-living increases that may be provided for by the General Assembly, wildlife technicians shall be compensated at the position classifications and pay grades, or the equivalent to such pay grades, held by each such wildlife technician on January 1, 1978, rather than being compensated at the position classifications and pay grades, the equivalent of such pay grades, specified in this Section." Section 13. Said Code Title is further amended by inserting in subsection 45-201 (d) after the word "creel" and before the words "and possession" the word ", size" and by inserting in said subsection after the word "weapons" and before the word "as" the follow ing: "and except at such times and places", so that when amended subsection 45-201(d) shall read as follows: "(d) It shall be unlawful to hunt, trap or fish except in compliance with the bag, creel, size and possession limits and except with such legal methods and weapons and except at such times and places as may be established by law or by rules and regulations promulgated by the Board." Section 14. Said Code Title is further amended by renumbering present subsection 45-201(e) as subsection 45-201(f) and by adding a new subsection 45-201(e) to Section 45-201 after present subsection 45-201(d) and before renumbered subsection 45-201(f), which new subsection shall read as follows: "(e) It shall be unlawful to hunt, trap or fish for any game species after having obtained the daily or season bag or creel limit for that species." Section 15. Said Code Title is further amended by adding two new sentences at the end of Section 45-202, which new sentences shall read as follows: "The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any species which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endangered or threatened species.", so that when amended Section 45-202 shall read as follows: "45-202. Nongame Species. Except as otherwise provided by law or rule or regulation, it shall be unlawful to hunt, trap, fish, take, possess or transport any nongame species of wildlife except that the following species may be taken to protect crops or livestock, to prevent personal injury, to obtain fish bait or to gather food: rats, mice, groundhogs, beaver, freshwater turtles, poisonous snakes, frogs, spring lizards, fiddler crabs, freshwater crayfish and freshwater mussels. The nongame species enumerated herein may be taken by any method except those specifically prohibited by law or regulation. Provided, however, nothing herein shall be construed to authorize the taking of any spe cies which is protected under the Federal Endangered Species Act of 1973, P.L. 93-205, as amended, or under any State law which has as its purpose the protection of endan gered or threatened species." Section 16. Said Code Title is further amended by deleting from subsection 45-213(b) the following: ", cased,", so that when amended subsection 45-213(b) shall read as follows: "(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing or game management area owned or operated, or owned and operated, by the Department except during a legal open hunting season for that area and except when such firearms or bow and arrow is unloaded and stored so as not to be readily accessible." MONDAY, MARCH 6, 1978 2719 Section 17. Said Code Title is further amended by deleting in its entirety paragraph 4 of subsection 45-301(b) which reads: "(4) Keep copies of all licenses sold.", and inserting in lieu thereof the following: "(4) Send to the Department copies of all licenses sold." Section 18. Said Code Title is further amended by deleting in its entirety the second sentence of paragraph 4 of subsection 45-301 (c) which sentence reads: "Such remittances shall be in the form of a certified check or a United States postal money order.", so that when amended paragraph 1 of subsection 45-301(c) shall read as follows: "(1) Remit to the Department, in advance, the net cost of any licenses ordered for sale." Section 19. Said Code Title is further amended by deleting in its entirety paragraph 3 of subsection 45-301 (c) which reads: "(3) Keep copies of all licenses sold.", and inserting in lieu thereof the following: "(3) Send to the Department copies of all licenses sold." Section 20. Said Code Title is further amended by inserting in subsection 45-302(c) between the designation "45-303," and the word "except" the following: "except as provided in this subsection and", and by adding at the end of said subsection the following: "A person not a resident of Georgia who is the owner of at least 50 acres of land in this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia.", so that when so amended said subsection 45-302(c) shall read as follows: "(c) It shall be unlawful for any person not a resident of Georgia who has attained the age of sixteen (16) years to hunt, fish or trap in this State without a valid nonresi dent hunting, fishing or trapping license, respectively, as provided in Section 45-303, except as provided in this subsection and except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish or trap without carrying such license on his person, unless otherwise specifically directed by authorized personnel of the Department. A person not a resident of Georgia who is the owner of at least 50 acres c^f land m this State may hunt on that land by purchasing the resident hunting license specified in paragraph (1) of subsection 45-303(a), and only for the purpose of hunting on such land such person shall be considered a resident of Georgia." Section 21. Said Code Title is further amended by adding to subsection 45-302(d) after the word "trout" and before the word "unless" the following phrase: "or to fish in any waters designated in this Title as trout waters or trout streams,", so that when amended subsection 45-302(d) shall read as follows: "(d) It shall be unlawful for any resident of this State who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to fish for or possess moun tain trout or to fish in any waters designated in this Title as trout waters or trout streams, unless such person has in his possession a trout stamp attached to his sport fishing license with the name of such person signed across the face of the stamp." Section 22. Said Code Title is further amended by inserting in subsection 45-302(n) between the word "licenses" and the word "shall" the following: ", including commercial fishing boat licenses,", so that when so amended said subsection shall read as follows: "(n) Except as otherwise specifically provided, all season hunting, fishing and trapping licenses, including commercial fishing boat licenses, shall be effective from April 1 to March 31 of the following year." 2720 JOURNAL OF THE HOUSE, Section 23. Said Code Title is further amended by deleting in subsection 45-303(g) of paragraph 3, the word: "wholesale", so that when amended paragraph 3 of subsection 45-303(g) shall read as follows: "(3) Import fish Annual $100.00 dealer license". Section 24. Said Code Title is further amended by deleting in paragraph 5 of subsec tion 45-303(g) the word "dealer" and inserting in lieu thereof the word: "breeder", so that when amended paragraph 5 of subsection 45-303(g) shall read as follows: "(5) Commercial quail Annual $25.00 breeder permit". Section 25. Said Code Title is further amended by inserting after the word "fee" and before the word "overall", the word "in" and by deleting from paragraph 4 of subsection 45-305(b) the following: "fifty (50) cents per foot or fraction thereof.", and inserting in lieu thereof the following phrase: "five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eigh teen (18) feet.", so that when amended paragraph 4 of subsection 45-305(b) shall read as follows: "(4) All boats, other than trawlers, over eighteen (18) feet in overall length, five dollars ($5.00) plus fifty (50) cents per foot or fraction thereof in excess of eighteen (18) feet." Section 26. Said Code Title is further amended by deleting from the title of Section 45-306 the following: "; Nonresidents", so that when amended the title of Section 45-306 shall read as follows: "45-306. Commercial Saltwater Fishing Licenses." Section 27. Said Code Title is further amended by adding a new sentence at the end of subsection 45-306(b), which new sentence shall read as follows: "Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State at any time when the commercial saltwater fishing license of such person has been revoked or suspended.", so that when amended subsection 45-306(b) shall read as follows: "(b) When a person in charge of the operation of a commercial fishing boat, whether or not that person is the owner of the commercial saltwater fishing license and is on board such commercial fishing boat, then any person assisting in commercial fishing under the supervision of such licensed person need not have a commercial saltwater fish ing license in his name. Provided, however, nothing in this subsection shall be construed to authorize any person to engage in commercial fishing in any of the salt waters of this State, at any time when the commercial saltwater fishing license of such person has been revoked or suspended." Section 28. Said Code Title is further amended by inserting in Section 45-307 after the words "with the" and before the words "possession limits" the words: "creel limits,", so that when amended Section 45-307 shall read as follows: "45-307. Catch-out Pond Licenses. The owner or operator of a catch-out pond oper ated as one contiguous unit and under single ownership, including ownership by a part nership, firm, association or corporation, may purchase a catch-out pond license as provided in Section 45-303. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout stamp, and without complying with the creel limits, possession limits, size limits and seasons set MONDAY, MARCH 6, 1978 2721 forth in this Title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in said pond as if such pond was a licensed catch-out pond." Section 29. Said Code Title is further amended by adding immediately preceding the period appearing at the end of subsection 45-308(d) the following: ", unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department", so that when so amended, subsection 45-308(d) shall read as follows: "(d) It shall be unlawful for a taxidermist to sell any wildlife or part thereof which is left unclaimedj unless such taxidermist has received the prior written permission of the Director of the Game and Fish Division of the Department." Section 30. Said Code Title is further amended by adding two new subsections at the end of Section 45-308 to be designated subsections (g) and (h) and to read as follows: "(g) Notwithstanding any other provision of this Title to the contrary, it shall not be unlawful for a licensed taxidermist to mount and sell legally taken furbearers, without procuring a fur dealer's license. (h) It shall not be unlawful for a licensed taxidermist to mount and sell legally taken wildlife with prior written permission of the Director of the Game and Fish Division." Section 31. Said Code Title is further amended by deleting in the first and second sentences of Section 45-312 the words: "game species", and inserting in lieu thereof the following: "game animal or game bird", and by inserting in the first sentence after the word "for" and before the word "purpose" the w"tohred": , and by adding a new sentence to the end of said Section, which new sentence shall read as follows: "Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit.", so that when amended Section 45-312 shall read as follows: "45-312. Game-holding Permits. It shall be unlawful for any person to hold or possess any game animal or game bird for the purpose of propagation or pets without first obtaining a valid game-holding permit as provided in Section 45-303. Any game animal or game bird held under such permit may not be sold by the holder but must be retained, consumed or disposed of without charge. Nothing herein shall be construed to authorize the holding or possession of the progeny of any game bird or game animal under the permit under which a parent is held or possessed, unless specifically so stated on the game-holding permit." Section 32. Said Code Title is further amended by inserting a new sentence between the first and second sentences in subsection 45-314(a), which new sentence shall read: "No such permit shall be issued by the Department except where the exhibition or display is solely for educational purposes.", and by adding a new sentence at the end of said subsection, which new sentence shall read as follows: "Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish.", so that when amended subsection 45-314(a) shall read as follows: "(a) It shall be unlawful for any person to keep, hold or possess any wildlife in captiv ity for the purpose of display or exhibition to the public without first procuring a valid wildlife exhibition permit as provided in Section 45-303. No such permit shall be issued by the Department except where the exhibition or display is solely for educational pur poses. The Department may impose conditions on such permit requiring adequate sani tation facilities, housing and feed for the animals and insuring the safety of the public 2722 JOURNAL OF THE HOUSE, in accordance with regulations promulgated by the Board. Exhibitions of wildlife by educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a wildlife exhibition permit; provided, however, such exhibi tors must comply with all regulations of the Board relating to sanitation, housing, feed and public safety. Provided, further, nothing herein shall be construed to require a permit to exhibit or display fish." Section 33. Said Code Title is further amended by deleting in Section 45-316 after the words "the person" and before the words "to exhibit" the words: "offering or requesting to store such wildlife", and inserting in lieu thereof the following words: "delivering such wildlife for storage", and by adding a new sentence at the end of said Section, which new sentence shall read as follows: "Provided, however, nothing herein shall be construed to require a permit to store fish.", so that when amended Section 45-316 shall read as follows: "45-316. Wildlife Storage Permits. It shall be unlawful for any person operating a gro cery store, hotel, market, cold storage house, restaurant or any commercial facility receiving wildlife for storage to receive for storage or to store any wildlife or parts thereof without first obtaining a wildlife storage permit from the Department and with out requiring the person delivering such wildlife for storage to exhibit a valid license authorizing such person to take or possess such wildlife. Provided, however, nothing herein shall be construed to require a permit to store fish." Section 34. Said Code Title is further amended by inserting a new sentence at the end of subsection 45-318(a), which new sentence shall read as follows: "Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards.", so that when amended subsection 45-318(a) shall read as follows: "(a) It shall be unlawful for any person to trap, take, transport or possess raptors for falconry purposes unless such person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Section 45-303. Provided, however, it shall not be unlawful for a nonresident to transport or possess raptors in this State for falconry purposes, if such person has a nonresident hunting license, as provided in Section 45-303, and a falconry license or permit from the state of residence of such person, which state meets Federal falconry standards." Section 35. Said Code Title is further amended by adding a new subsection to Section 45-318 to be numbered subsection (s) and to read as follows: "(s) It shall be lawful for a falconer meeting the requirements of this Section to take small game with raptors in accordance with the provisions of this Section and the law and regulations regulating the taking of small game." Section 36. Said Code Title is further amended by renumbering present subsections 45-323 (b) and (c) as subsections 45-323 (c) and (d) respectively and by adding a new sub section 45-323 (b) after present subsection 45-323 (a) and before renumbered subsection 45-323(c), which new subsection shall read as follows: "(b) In the event any person who is an employee, agent or representative of a licensee or permittee or applicant for a license or permit or both, engages in the licensed or per mitted activity pursuant to the authority of the license or permit of such licensee or per mittee or applicant for a license or permit or both, and violates any provision of this Title or any rule or regulation promulgated pursuant thereto, the Commissioner may revoke, suspend, deny or refuse to renew a license or permit in accordance with the provisions of this Section." Section 37. Said Code Title is further amended by adding three new Sections to be numbered Sections 45-325, 45-326 and 45-327, and to read as follows: MONDAY, MARCH 6, 1978 2723 "45-325. Wildlife Importation Permit. It shall be unlawful to import any wildlife, other than fish, without obtaining, at no cost, a wildlife importation permit from the Department. Such permit shall not be issued except for educational or scientific pur poses. 45-326. Federal Migratory Bird Hunting and Conservation Stamp Required. It shall be unlawful to hunt brant, ducks, geese and swans in this State without a federal Migra tory Bird Hunting and Conservation Stamp. 45-327. Field and Retriever Trial Permit, (a) It shall be unlawful for any person to conduct a field or retriever trial without first obtaining a permit, at no cost, from the Department. In trials conducted with such a permit, the species of wildlife specified on the permit may be set or pursued by dogs, but such wildlife may not be taken except during the open season for such species of wildlife. The person conducting such a field trial shall require all participants therein to register. (b) It shall be unlawful for any person to participate in a field or retriever trial unless a permit for such trial has been issued by the Department and such person is registered as a participant in such trial. Hunting licenses shall not be required for regis tered participants in trials permitted by the Department." Section 38. Said Code Title is further amended by striking Section 45-501 in its entirety and inserting in lieu thereof a new Section 45-501, to read as follows: "45-501. Penalty for Hunting eft Lands ef Another Without Permission Permission to Hunt on Lands of Another; Written Permission; Enforcement, (a) It shall be unlawful for any person to hunt upon the lands of another or enter upon the lands of another in pursuit of wildlife, with or without a license, without first obtaining permission from the landowner or lessee of such land or the lessee of the game rights of such land. (b) If the land is so posted, this permission shall be in writing and carried on the person hunting or pursuing wildlife upon the lands of another. (c) It shall be the duty of conservation rangers, sheriffs and deputy sheriffs to enforce the provisions of this Section." Section 39. Said Code Title is further amended by deleting the present title of Section 45-502 which reads: "Night Hunting.", and inserting in lieu thereof a new title to read: "Hunting Hours." Section 40. Said Code Title is further amended by deleting in subsection 45-502(a) the words: "dry cell", and by inserting in said subsection after the words "may be carried" and before the words "by a hunter" the phrase: "by hand", and by inserting after the phrase "by a hunter" and before the phrase "and used for" the phrase: "or worn on the hunter's belt", so that when amended subsection 45-502(a) shall read as follows: "(a) It shall be unlawful to hunt at night any game bird or game animal in this State except for raccoons, opossums, foxes, and bobcats and these may not be hunted with lights, except that a light which does not exceed six (6) volts or a fuel type lantern may be carried by hand by a hunter or worn on the hunter's belt and used for locating such animals." Section 41. Said Code Title is further amended by adding two new subsections at the end of Section 45-502 to be designated subsections (i) and (j) and to read as follows: "(i) It shall be unlawful to hunt migratory game birds between sunset and one-half hour before sunrise. It shall also be unlawful to hunt migratory game birds between onehalf hour before sunrise and sunset except that it shall not be unlawful to hunt migra tory game birds during those hours as may be designated by the Board for a particular migratory game bird. In accordance with the framework of open hunting season dates 2724 JOURNAL OF THE HOUSE, established by the U. S. Fish and Wildlife Service, and as may be appropriate based on sound wildlife management principles, the Board is hereby specifically authorized to promulgate rules and regulations establishing the hours, on a Statewide, regional or local basis, for hunting migratory game birds. The Board is hereby specifically authorized to promulgate such rules and regulations without complying with the provisions of an Act known as the 'Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, and all rules and regulations promul gated by the Board pursuant to this subsection shall be effective immediately upon adoption. (j) If, after July 1, 1978, a person commits and is convicted of two or more violations of hunting deer at night, such person shall be guilty of a felony and shall be sentenced for a minimum of 1 year and a maximum of 10 years imprisonment." Section 42. Said Code Title is further amended by adding a new sentence at the beginning of subsection 45-503(a) which new sentence shall read as follows: "Longbows and compound bows may be used for taking small game.", and "dleolnegti"n,g in said subsection the word "such" and inserting in lieu thereof the word: and by deleting the semicolon at the end of said subsection and inserting in lieu thereof a period and a new sentence to read as follows: "Arrows for hunting deer must be broadhead type, with a minimum width of seveneighths (%) of an inch;", so that when amended, subsection 45-503(a) shall read as follows: "(a) Longbows and compound bows may be used for taking small game. Longbows and compound bows for hunting deer are permitted only during the regular hunting sea son and during the archery season for deer, provided that long bows have a minimum recognized pull of forty (40) pounds at twenty-eight (28) inches of draw. Arrows for hunting deer must be broadhead type, with a minimum width of seven-eighths (Vt) of an inch;". Section 43. Said Code Title is further amended by deleting from the title of Section 45-509 the word "Game" and inserting in lieu thereof the word: "Wildlife", and "bay",inserting after the word "Discharging" and before the word "Weapon" the word: so that when amended, the title of Section 45-509 shall read as follows: "45-509. Taking Wildlife on or Discharging a Weapon Across a Public Road." Section 44. Said Code Title is further amended by deleting the word "species" in the second sentence of Section 45-510, and inserting in lieu thereof the phrase: "bird or game animal", so that when amended Section 45-510 shall read as follows: "45-510. Use of Drugs, Poisons, Chemicals, Smoke, Gas, Explosives, Recorded Sounds or Calls and Electronic Communication Equipment Prohibited. It shall be unlawful to hunt any game animal or game bird by means of drugs, poisons, chemicals, smoke, gas, explosives or recorded calls or sounds, or recorded or electronically amplified sounds or imitation of calls or sounds. It shall also be unlawful to use electronic commu nications equipment for the purpose of facilitating pursuit of any game bird or game animal." Section 45. Said Code Title is further amended by deleting in Section 45-511 the word "or" appearing after the phrase "an airplane" and before the words "a hydroplane" and by inserting after the phrase "a hydroplane" the following phrase: ", or a motor vehicle.", and then deleting the remainder of said Section, so that when amended, Section 45-511 shall read as follows: "45-511. Killing of Birds and Animals from Boats, Sail Boats, Aircraft and Motor Vehicles Prohibited. It shall be unlawful to hunt any game bird, game animal or MONDAY, MARCH 6, 1978 2725 furbearing animal from an electric, gas or steam boat, a sail boat, an airplane, a hydroplane, or a motor vehicle." Section 46. Said Code Title is further amended by adding a new subsection to Section 45-513 which new subsection shall be numbered subsection (e) and shall read as follows: "(e) It shall be unlawful for any person to possess more than the daily bag limit or more than the aggregate daily bag limit while in the field or while returning from the field to one's automobile or principal means of land transportation, or to one's perma nent abode or temporary or transient place of lodging, or to a commercial storage facil ity, or to a post office, or to a common carrier facility." Section 47. Said Code Title is further amended by adding a new subsection to Section 45-514, which new subsection shall be numbered subsection (e) and shall read as follows: "(e) It shall be unlawful for any person to train hunting dogs on property other than that owned by such person or his immediate family, unless such person has a hunting license in his immediate possession." Section 48. Said Code Title is further amended by deleting Section 45-524 in its entirety and inserting in lieu thereof a new Section 45-524, to read as follows: "Section 45-524. Killing of Dogs Running Deer; Freedom from Liability, (a) It shall be the duty of every conservation ranger to kill any dog pursuing or killing any deer on any locality, other than that prescribed by law or rules and regulations permitting such hunting, and no action for damages shall be maintained against the person for such kill ing. (b) It shall be unlawful for any person other than a conservation ranger, sheriff, or deputy sheriff to kill a dog with a collar, which dog is or has been pursuing or killing a deer." Section 49. Said Code Title is further amended by adding two new sentences at the end of Section 45-705, which new sentences shall read as follows: "Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river.", so that when amended, Section 45-705 shall read as follows: "45-705. Unlawful to Fish Except by Certain Methods. It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this State by any method other than a pole and line, sport trot lines in accordance with Section 45-706 of this Title, set hooks, jugs, and bow and arrow in accordance with Section 45-709, spears in accordance with Section 45-707, bow nets as provided in Section 45-720, seines in accordance with Section 45-708, and as authorized in Section 45-803 with regard to commercial freshwater fish ing. Provided, however, dip nets may be used to take threadfin and gizzard shad for bait and landing nets may be used to land fish legally caught. Provided, further, it shall be lawful to use seines, nets and chemicals in a pond if all the owners of a pond desire that such be done and if a local conservation ranger is notified at least two (2) hours in advance of such use. Provided, however, it shall not be lawful to use such seines, nets and chemicals in an oxbow lake. For purposes of this Section, an oxbow lake means a lake formed in an abandoned river channel which has become separated from the main stream by a natural change in the river." Section 50. Said Code Title is further amended by deleting the present title of Section 45-713 and inserting in lieu thereof the following: "Creel and Possession Limits.", 2726 JOURNAL OF THE HOUSE, and by inserting in the first sentence of said Section, after the word "unlawful" and before the words "to possess" the following phrase: "to take in one day or", and to insert after the words "any one time," and before the words "more than" the words: "except at one's place of abode or at a commercial storage facility,", so that when amended, Section 45-713 shall read as follows: "45-713. Creel and Possession Limits. It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facil ity, more than: (a) Ten (10) of any one, or a combination of the following species: largemouth bass, smallmouth bass; shoal bass; Suwannee bass; spotted bass or Kentucky bass; and redeye or Coosa bass. (b) Eight (8) of any one, or a combination of, the following species: rainbow trout; brook trout; and brown trout. (c) Thirty (30) white bass. (d) Six (6) of any one, or a combination of, the following species: striped bass or rock fish, and striped-white bass hybrid. (e) Fifty (50) of any one, or a combination of, the game species of bream or sunfish. (f) Eight (8) walleye (walleyed pike). (g) Eight (8) sauger. (h) Two (2) muskellunge. (i) Fifteen (15) of any one, or a combination of, the following species of pickerel: chain; grass; and redfin. (j) Fifty (50) of any one, or a combination of, the following species: black crappie and white crappie. (k) Eight (8) of any one, or a combination of, the following species: American shad and hickory shad. (1) A total of fifty (50) of all of the species named in this Section." Section 51. Said Code Title is further amended by inserting in Section 45-717 after the words "following streams" and before the phrase "are trout streams" the following: ", excluding any impoundments thereon unless specifically included,", so that when amended, the portion of Section 45-717 preceding subsection (a) shall read as follows: "45-717. Trout Streams Without Seasons. The following streams, excluding any impoundments thereon unless specifically included, are trout streams which shall be open for trout fishing throughout the year:". Section 52. Said Code Title is further amended by inserting in Section 45-718 after the word "watersheds" and before the words "are hereby" the following: ", excluding any impoundments thereon unless specifically included,", so that when amended the portion of Section 45-718 preceding subsection (a) thereof shall read as follows: "45-718. Trout Waters With Seasons. The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are hereby designated as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March each year through the 31st of October of each year:". Section 53. Said Code Title is further amended by inserting a new sentence between the first and second sentences of paragraph (2) of subsection 45-728(c) to read as follows: "It shall also be unlawful for any person to possess more than ten (10) in the aggre gate of striped bass and striped-white bass hybrid.", so that when so amended paragraph (2) of subsection 45-728(c) shall read as follows: "(2) It shall be unlawful for any person to possess more than forty (40) in the aggre gate of all game fish, except channel and flathead catfish. It shall also be unlawful for any person to possess more than ten (10) in the aggregate of striped bass and striped- MONDAY, MARCH 6, 1978 2727 white bass hybrid. It shall be unlawful to possess more than ten (10) in the aggregate of largemouth, spotted or Coosa bass, and more than eight (8) in the aggregate of trout. No person may possess in either state more fish than permitte'd by that state even though the fish may have been caught in the waters of the other state." Section 54. Said Code Title is further amended by deleting in subsection 45-805(g) the word "Shad" and inserting in lieu thereof: "Commercial shad", so that when amended subsection 45-805(g) shall read as follows: "(g) Commercial shad fishing is prohibited in the Savannah Back River downstream from New Savannah cut." Section 55. Said Code Title is further amended by inserting in subsection 45-805(h) after the word "possession" and before the word "limit" the words: "or creel", so that when amended, subsection 45-805(h) shall read as follows: "(h) Notwithstanding any other provision to the contrary, there shall be no posses sion or creel limit on shad taken pursuant to this Section." Section 56. Said Code Title is further amended by deleting from the first sentence of subsection 45-808(c) the word: "private", and by deleting in said subsection the word "transport" and inserting in lieu thereof the words: "sell, purchase or possess", so that when amended subsection 45-808(c) shall read as follows: "(c) It shall be lawful for any person to sell or purchase game fish from a pond when the owner of such pond has obtained a valid permit from the Department and such permit is displayed in a prominent place at said pond and such person shall have com plied with all the requirements of this Section and any regulations promulgated pur suant hereto. Such permit may be issued to the owner only once annually and shall limit the time for taking fish from said pond to fifteen (15) days unless an extension is granted by the Department. Provided, however, no person shall sell, purchase or possess any game fish taken from such a pond unless said fish are packaged and labeled with the pond permit number and the number and pounds of each species of fish contained therein. Said fish shall remain so packaged until processed for consumption or released into another body of water." Section 57. Said Code Title is further amended by inserting in the title of Section 45-810 after the word "Wholesale" and before the phrase "and Retail Dealers" the follow ing: ", Import", so that when amended, the title to Section 45-810 shall read as follows: "45-810. Taking of and Dealing in Live Fish and Fish Eggs; Wholesale, Import and Retail Dealers; Licenses; Prohibited Acts." Section 58. Said Code Title is further amended by deleting in subsection 45-810(a) after the word "import" and before the word "dealer" the word "wholesale" and inserting in lie"ufisthhe",reof the word: so that when amended, subsection 45-810(a) shall read as follows: "(a) It shall be unlawful to engage in the business of a wholesale fish dealer, retail fish dealer or import fish dealer, as defined in Section 45-102 of this Title, without first obtaining an annual license from the Department as provided in Section 45-303 of this Title. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain an additional license as a wholesale fish dealer or a retail fish dealer." Section 59. Said Code Title is further amended by deleting in subsection 45-810(b) after the word "import" and before the words "fish dealer" the word: 2728 JOURNAL OF THE HOUSE, "wholesale", so that when amended, subsection 45-810(b) shall read as follows: "Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure an import fish dealer license where such sale and shipment are made to an import fish dealer duly licensed under Section 45-303." Section 60. Said Code Title is further amended by deleting in paragraph (2) of subsection 45-812(d) the phrase "Georgia's public islands" and inserting in lieu thereof the words: "Tybee Island, St. Simons Island and Jekyll Island", and by deleting in paragraph (3) of said subsection the phrase "two hundred feet (200')" and inserting in lieu thereof the phrase: "three hundred feet (300')", and by deleting in paragraph (3) of said subsection the word "set" and inserting in lieu there"onfetth",e word: and by deleting in paragraph (3) of said subsection the phrase "two and seven-eighths inches (2 %")" and inserting in lieu thereof the following: "two and one-half inches (2 V4")", and by deleting in paragraph (4) of said subsection the phrase "two hundred feet (200')" and inserting in lieu thereof the phrase: "three hundred feet (300')", so that when amended, subsection 45-812(d) shall read as follows: "(d) It shall be unlawful to use any seine in salt water except that: (1) The use of a seine twelve feet (12') in length or less, with a maximum depth of four feet (4') and a maximum mesh size of one inch (1") stretched mesh in salt water is not prohibited. (2) The use of a seine less than one hundred feet (100') in length having a mini mum net size of one and one-fourth inch (1 V\") stretched mesh, on the oceanfront side of beaches and on sand beaches bordering the southern ends of Tybee Island, St. Simons Island and Jekyll Island is not prohibited. The use of such seines in any inlets or tidal sloughs is prohibited. (3) The use of seines greater than one hundred feet (100') and up to three hundred feet (300') in length having a minimum net size of two and one-half inches (2 V4") stretched mesh on the oceanfront side of beaches, is not prohibited; provided, how ever, such seines may not be used in any inlets or tidal sloughs. (4) Seines over three hundred feet (300') in length are prohibited." Section 61. Said Code Title is further amended by adding a new subsection (e) at the end of Section 45-812, to read as follows: "(e) It shall be unlawful to use any seine in salt water in such a manner that it will block more than one-half of the entrance of a tidal river, creek, slough or inlet to the ocean." Section 62. Said Code Title is further amended by deleting in subsection 45-813(a) the phrase: "by the person taking the shrimp, his friends or relatives", so that when amended, subsection 45-813(a) shall read as follows: "(a) Any power-drawn net used to take seafood from any of the salt waters of this State, except a net ten (10) feet or less at the widest part of its mouth when used for the taking of shrimp for use as live bait;". Section 63. Said Code Title is further amended by adding a new subsection to Section 45-815 which new subsection shall read: "(d) As used in this Section, adult eels shall mean eels at least six (6) inches in length." Section 64. Said Code Title is further amended by adding two new sentences to the end of subsection 45-1101(c) which new sentences shall read as follows: MONDAY, MARCH 6, 1978 2729 "Provided, however, educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, trans portation, sale, transfer or possession by such institution, zoo or circus. Provided, fur ther, that such institutions, zoos and circuses shall comply with all the provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals.", so that when amended 45-1101(c) shall read as follows: "(c) It shall be unlawful for any person not a wild animal wholesale or retail dealer to import, transport, sell, transfer or possess any wild animal for which a license or permit, or both, is required by this Chapter without first obtaining a permit, at no charge, from the Department. Provided, however, educational institutions, State, city, county or municipal zoos or transient circuses shall not be required to procure a permit to possess, transport or import a wild animal or to transfer or sell a wild animal to another such institution, zoo or circus within this State, if the Department is notified prior to the importation, transportation, sale, transfer or possession by such institution, zoo or circus. Provided, further, that such institutions, zoos and circuses shall comply with all the provisions of this Chapter and all regulations relating to the humane han dling, care and confinement of wild animals." Section 65. Said Code Title is further amended by inserting in the second sentence of subsection 45-1101(e) after the word "permits" and before the words "in accordance" the following words: "solely for educational purposes and", so that when amended subsection 45-1101(e) shall read as follows: "(e) It shall be unlawful for any person to keep, hold or possess any wild animal in captivity, except fish and invertebrates, for the purposes of display or exhibition to the public without first procuring a valid wild animal exhibition permit as provided in Section 45-303. The Department is hereby authorized to issue such permits solely for educational purposes and in accordance with regulations of the Board requiring ade quate facilities for the humane handling, care and confinement of wild animals and insuring public safety. Notwithstanding any other provision of this Title, exhibitions of wild animals by educational institutions, State, city, county or municipal zoos or tran sient circuses shall not be required to procure a wild animal exhibition permit; provided, however, the Department must be notified of such exhibition and all other provisions of this Chapter and all regulations relating to the humane handling, care and confine ment of wild animals must be complied with." Section 66. Said Code Title is further amended by adding a new subsection to Section 45-1101, which new subsection shall read as follows: "(f) Each permit to import, transport, sell, transfer or possess a wild animal which is inherently dangerous to human beings shall be conditioned upon the permittee obtain ing, providing proof of and maintaining in force and effect liability insurance in at least the amount of one hundred thousand dollars ($100,000) for each such wild animal." Section 67. Said Code Title is further amended by placing a period after the phrase "All species" in subsections 45-1102(a)(8), (9), (11) and (16) and deleting the remainder of said subsections so that when amended, subsections 45-1102(a)(8), (9), (11) and (16) shall read: "(8) Order Lagomorpha (Rabbits, Hares) - All species." "(9) Order Rodentia (Rats, Mice, Voles, Squirrels, etc.) - All species." "(11) Order Carnivore (Weasels, Cats, Bears, Wolves, etc.) - All species." "(16) Order Perissodactyla (Odd-toed Ungulates) - All species." Section 68. Said Code Title is further amended by placing a period after the phrase "Bison bison (Buffalo)" in subsection 45-1102(a)(17) and deleting the remainder of said subsection, so that when amended, subsection 45-1102(a)(17) shall read as follows: 2730 JOURNAL OF THE HOUSE, Order Artiodactyla (Even-toed Ungulates) - All species except Bison bison (Buffalo)." Section 69. Said Code Title is further amended by inserting in subsection 45-1105(b) after the word "escaped" the words: "or is inadequately confined", and by inserting after the word "may" and before the word "destroy" the word: "seize,", so that when amended, subsection 45-1105(b) shall read as follows: "(b) Notwithstanding subsection (a) of this Section, where a wild animal regulated by this Chapter has escaped or is inadequately confined, the Department may seize, destroy or authorize the destruction of such animal if it determines that such animal is posing a threat to the safety of human beings, or if it determines that there is very little likelihood of recapturing such animal. Provided, however, if such an animal is recap tured, the Department may return such animal to the permittee or licensee, or it may take or retain possession of such animal and allow such permittee or licensee to make arrangements for the disposition of such animal, which arrangements are subject to the approval of the Department, or it may dispose of such animal as it deems necessary to fulfill its responsibilities under this Chapter." Section 70. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 71. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 72. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Mann of the 13th moved that the report of the Committee of Confer ence on HB 1543 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. N Clifton, A.D. Y Coleman, T. N Collins, M. Colwell, C.H. Y Council, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. N Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. G&mmage, L. Y GignUliat, A. Y Glanton, Tom Y Glover, M. N Greene, J. Y Greer, J.W. YHam, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. N Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) N Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Y Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. MONDAY, MARCH 6, 1978 2731 Y Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. N Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. Y Tuten, J. N Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 126, nays 22. The motion prevailed. HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The following report of the Committee of Conference on HB 1907 was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1907 Mr. Speaker: Mr. President: Your Conference Committee on House Bill 1907 has met and recommends the follow ing: 1. That the Senate and House both recede from their respective positions. 2. That the attached Substitute to House Bill 1907 be adopted. Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/Honorable Thomas F. Allgood Senator, 22nd District /s/Honorable David J. Swann Representative, 90th District /s/Honorable Jimmy Lester Senator, 23rd District /s/Honorable G. F. Daniel, Jr. Representative, 88th District /s/Honorable Ed Johnson Senator, 34th District /s/Honorable Ronnie Truluck Representative, 86th District A BILL To amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), so as to change the salaries of certain elected officials in said counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this State, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: 2732 JOURNAL OF THE HOUSE, "Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the following elected officials in such counties shall receive a monthly salary as provided: Clerk of Superior Court..................................................................................................$ 1,700.00 Judge of Probate Court ..................................................................................................$ 1,800.00 Tax Commissioner ...........................................................................................................$ 1,900.00 Judge of State Court.......................................................................................................$ 2,222.00 Solicitor of State Court...................................................................................................$ 1,356.60 Coroner ................................................................................................................................$ 892.00 Judge of Civil Court........................................................................................................$ 2,050.00 Associate Judge of Civil Court ......................................................................................$ 1,700.00 Chairman, Board of Commissioners................................................................................! 783.33 County Commissioners ......................................................................................................$ 583.33 District Attomey..............................................................................:..................................$ 595.83 Judges of the Superior Court ...........................................................................................$ 807.85 Sheriff................................................................................................................................! 2,225.00 Provided, however, that the judge of the State court shall not be permitted to engage in the private practice of law." Section 2. This Act shall become effective on April 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Daniel of the 88th moved that the report of the Committee on Confer ence on HB 1907 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. GfunniHge, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harriaon, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. YKarrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham. L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, 3. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Wiffiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker MONDAY, MARCH 6, 1978 2733 On the motion, the ayes were 148, nays 0. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 428. By: Senators Kidd of the 25th and Broun of the 46th: A BILL to amend Code Chapter 34-11, relating to ballots in elections, so as to provide for the election of unopposed candidates in special elections; and for other purposes. Representative Bray of the 70th moved that the House insist on its position in substi tuting SB 428. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto: SB 522. By: Senator Howard of the 42nd: A BILL to amend Code Chapter 88-2, relating to county boards of health, so as to permit county boards of health and health districts to contract with certain agencies, institutions, and political subdivi sions; to provide for the appointment of directors of health districts; to author ize contracts for multicounty services; to provide for severability; to provide for an effective date; and for other purposes. Representative Rowland of the 119th moved that the House recede from its amend ment to SB 522. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y AdamB, Marvin Y Andersen, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdeong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carries. C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Chads, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. GfLnmutc6t L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y PhiUips, R.T. N Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. 2734 JOURNAL OF THE HOUSE, Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. On the motion, the ayes were 136, nays 1. The motion prevailed. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WiUiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Resolution of the Senate was taken up for the purpose of considering the Senate's insistence on its position in amending the same: SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County and DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year there after; and for other purposes. Representative Robinson of the 58th moved that the House insist on its position in disagreeing to the Senate amendment to SR 326 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Robinson of the 58th, WiUiamson of the 45th, and Clark of the 55th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 140. By: Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th, Traylor of the 3rd, and others: A BILL to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; and for other purposes. Representative Burruss of the 21st moved that the House insist on its position in sub stituting SB 140. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto: HB 1320. By: Representative Burruss of the 21st: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; and for other purposes. Senate Amendment No. 1 The Senate offers the following amendment: MONDAY, MARCH 6, 1978 2735 Amend HB 1320 by striking on page 1, line 21, the figure "5.9" and inserting in lieu thereof the following: Senate Amendment No. 2 The Senate offers the following amendment: Amend HB 1320 by adding on page 1, immediately after line 26, the following: "and by striking subsection (e) of said Section which reads as follows: '(e) Shotguns must be plugged to limit them to a capacity of not more than three (3) shells in the magazine and chamber combined. The plug must be of one piece, incapable of being removed through the loading end of the magazine, and', in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: '(e) Shotguns shall be limited to a capacity of not more than five (5) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine.'" Representative Burruss of the 21st moved that the House disagree to the Senate amendments to HB 1320. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1848. By: Representatives Thompson of the 93rd, and Buck of the 95th: A BILL to amend Code Section 24-2715, relating to additional duties of clerks of superior courts, so as to authorize the clerks of superior courts to record criminal cases on microfilm; and for other purposes. The following Senate substitute was read: A BILL To amend Code Chapter 24-27, relating to clerks of superior courts, as amended, par ticularly by Section 4 of Ga. Laws 1977, p. 1098, so as to authorize the clerks of superior courts to record criminal cases on microfilm; to revise the fees of the clerks of superior courts; to provide for additional fees; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 24-27, relating to clerks of superior courts, as amended, par ticularly by Section 4 of Ga. Laws 1977, p. 1098, is hereby amended by adding in para graph 1. of Code Section 24-2715, relating to additional duties of the clerks, immediately following the words "civil suit", the following: "or criminal case", so that when so amended, paragraph 1. shall read as follows: "1. To record in well-bound books, or microfilm, within six months after the final determination of any civil suit or criminal case, all the proceedings relating thereto: Pro vided, however, in the event any clerk shall elect to microfilm proceedings, he shall make available a machine for reading and reproducing such microfilmed matters." 2736 JOURNAL OF THE HOUSE, Section 2. Said Code Chapter 24-27, relating to clerks of superior courts, as amended, particularly by Section 4 of Ga. Laws 1977, p. 1098, is further amended by delet ing from the enumeration of fees for criminal cases, the following: "Recording proceedings in all cases of habeas corpus, per page . . . 1.50", and by adding to the enumeration of fees for civil cases, the following: "Recording proceedings in all cases of habeas corpus, per page . . . 1.50." 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 hereby repealed. Representative Thompson of the 93rd moved that the House agree to the Senate sub stitute to HB 1848. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y MostUer, J.L. Y Mullinai, E.G. Y Murray, B. Y Neasmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 147, nays 0. The motion prevailed. The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SB 350. By: Senator Lester of the 23rd: A BILL to amend Code Section 92-5702, relating to the meaning of the phrase "fair market value", so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to MONDAY, MARCH 6, 1978 2737 be used in determining the fair market value of property for taxation purposes; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON SENATE BILL 350 Mr. President: Mr. Speaker: Your Conference Committee on Senate Bill 350 has met and recommends the follow ing: (1) That the House recede from its position on S. B. 350; (2) That the Senate recede from its position on S. B. 350; (3) That the attached Substitute to S. B. 350 be adopted. Respectfully submitted, FOR THE SENATE FOR THE HOUSE /s/Jimmy Lester Senator, 23rd District /s/Don Castleberry Representative, lllth /s/J. Ebb Duncan Senator, 30th District ,, , /s/A. L. Burruss Representative, 21st /s/Joseph E. Kennedy Senator, 4th District District /s/Johnny Isakson Representative, 20th District A BILL To amend Code Section 92-5702, relating to the meaning of the phrase "fair market value" for ad valorem taxation purposes, as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), so as to redefine the meaning of "fair market value" and to prescribe the means, methods and guidelines to be used in determining the fair market value of certain types of property for taxation purposes; to provide for tax assessor access to certain public records; to pro vide for applicability; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 92-5702, relating to the meaning of the phrase "fair market value", as amended by an Act approved March 21, 1968 (Ga. Laws 1968, p. 358) and an Act approved March 18, 1975 (Ga. Laws 1975, p. 96), is hereby amended by striking said Section, as amended, which reads as follows: "92-5702. 'Fair market value', meaning of.--The intent and purpose of the tax laws of this State are to have all property and subjects of taxation returned at the value which would be realized therefrom by cash sale, as such property and subjects are usu ally sold, but not by forced sale thereof, and the words 'fair market value,' when used in the tax laws, shall be held and deemed to mean what the property and subjects would bring at cash sale when sold in the manner in which such property and subjects are usu ally sold. The tax assessors, in determining the fair market value of real property, shall consider the following criteria: (a) existing zoning of property; (b) existing use of property; 2738 JOURNAL OF THE HOUSE, (c) existing covenants or restrictions in deed dedicating the property to a particular use; or (d) any other factors deemed pertinent in arriving at fair market value.", in its entirety, and inserting in lieu thereof a new Code Section 92-5702, to read as follows: "92-5702. 'Fair market value', meaning of. T-he (a) Since it is the intent and purpose of the tax laws of this State are to have all property and aubjccta ef- taxation returned for taxation at the value which would be by forced sate thereof, and its fair market value, the words 'fair market value/ when used in the tax- laws, shall be hekl and deemed to mean what the property and- aubjccta would opift^ n cssfi sflic wncn sold m the Hiftnncr ift which such ppopcrty find suojccts are usually seJd a knowledgeable buyer would pay for the property and a willing seller would accept at an arm's length bona fide sale. The tas asacoaora, in With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant and useful information available including, but not limited to: the original cost of the property; any depreciation or obsolescence; and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information. (b) In determining the fair market value of a going business, where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machin ery, and fixtures which are the property of the business, where appropriate to reflect accurate fair market value, as a whole. (c) In determining the fair market value of real property, the tax assessor shall con sider the following criteria: 4a) (1) existing zoning of property; {b} (2) existing use of property; 4e) (3) existing covenants or restrictions in deed dedicating the property to a partic ular use; or 44) (4) any other factors deemed pertinent in arriving at fair market value." Section 2. The provisions of this Act shall apply only with respect to tax years begin ning on or after January 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Castleberry of the lllth moved that the report of the Committee of Conference on SB 350 be adopted. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auton, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Carnes, C. Carrell, B. Y Canon, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isaknon, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bul) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. MONDAY, MARCH 6, 1978 McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplet!, Tom Y Truluck, R. Y Tucker, R.M. Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. On the motion, the ayes were 137, nays 0. The motion prevailed. 2739 Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: HB 1345. By: Representative McDonald of the 12th: A BILL to amend Code Title 68B, known as "The Driver's Licensing Act", so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation; to provide exceptions; to provide for hearings; to provide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 68B, known as "The Driver's Licensing Act," as amended, so as to provide that the Department of Public Safety shall suspend the driver's license of any person who fails to respond to a citation or appear in court; to provide exceptions; to provide for hearings; 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 Title 68B, known as "The Driver's Licensing Act," as amended, is hereby amended by adding at the end of Article III a new Code Section to be numbered Code Section 68B-316 to read as follows: "68B-316. Suspension of operating privilege for failure to respond to citation, (a) (1) Notwithstanding any other provisions of this Code Title or any other Georgia law to the contrary, the Department is authorized to suspend the license or privilege of a driver to operate a motor vehicle upon a showing by its records or other sufficient evidence that the licensee has failed to: (A) respond to a traffic citation for a moving violation issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement offi cer in another State who performs similar duties; or (B) appear in court in accordance with the terms and conditions of a traffic cita tion issued by a member of the Uniform Division of the Department of Public Safety or a law enforcement officer in another State who performs similar duties. (2) The Department shall forthwith notify such person that his license is to be sus pended subject to review as provided for in this Code Title. (3) The authority granted herein to the Department shall apply to a traffic cita tion issued by a law enforcement officer in another State only if the State of Georgia and that State have entered into a Compact or other Agreement which contains a provision that final adjudication of the offense cited may be completed by mail. 2740 JOURNAL OF THE HOUSE, (b) The person so notified may request a hearing within ten days from the date of receipt of notice sent by certified mail. Within 30 days after receiving a written request for a hearing, the Department shall hold a hearing as provided for in the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. After such hearing, the Department shall sustain its order of sus pension or rescind such order. If no hearing is requested within the ten days specified above, the right to a hearing shall have been waived and the license of the driver shall be suspended. (c) The suspension provided for above shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such suspension shall be in addition to any other suspension or revocation provided for in this Code Title." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative McDonald of the 12th moved that the House agree to the Senate sub stitute to HB 1345. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, K. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bill-runs, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y ConneU, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. G&mmsge, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bffl) Y Lenderman, M. Under, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 144, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y PUewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Row, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1333. By: Representative Pinkston of the 100th: A BILL to create the Georgia Educa tional Facilities Authority; to authorize the Authority to acquire, construct and equip self-liquidating Projects consisting of educational facilities for lease or MONDAY, MARCH 6, 1978 2741 sale to private institutions of higher education; to confer powers and impose duties on the Authority; to provide for the appointment of members of the Authority; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1333 as follows: By striking from line 1 of page 1 the following: "Georgia Educational Facilities", and inserting in lieu thereof the following: "Private Colleges and Universities Facilities". By striking from line 27 of page 2 the following: "Georgia Educational Facilities", and inserting in lieu thereof the following: "Private Colleges and Universities Facilities". By striking from line 28 of page 2 the following: "Georgia Educational Facilities", and inserting in lieu thereof the following: "Private Colleges and Universities Facilities". By striking from lines 30 and 31 of page 2 the following: "Georgia Educational Facilities", and inserting in lieu thereof the following: "Private Colleges and Universities Facilities". By striking from lines 6 and 7 of page 4 the following: "Georgia Educational Facilities", and inserting in lieu thereof the following: "Private Colleges and Universities Facilities". Representative Pinkston of the 100th moved that the House agree to the Senate amendment to HB 1333. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. 2742 JOURNAL OF THE HOUSE, Y Harris, J.F. Y HarrUon, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkaton, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. On the motion, the ayes were 143, nays 0. The motion prevailed. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker HB 536. By: Representatives Burruss and Housley of the 21st, Kaley, Wilson and Cooper of the 19th, and Nix, Isakson and Harrison of the 20th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to exempt from the tax levied by said Act certain sales by religious institutions or denominations; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, so as to pro vide for exemptions; to provide for definitions; to provide for the intention of the General Assembly; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Said Act is further amended by striking Section 3 (c)(2)(i) in its entirety and inserting in lieu thereof the following: "(i) Sales of any religious paper in Georgia, owned and operated by religious insti tutions or denominations, no part of the net profit from the operation of which can inure to the benefit of any private person. Also sales by religious institutions or denomi nations when any such sale results from a specific charitable fund-raising activity and the number of days on which such activity occurs does not exceed 30 in any calendar year and when the gross sales or net profits from such sales shall be used for purely charitable purposes, and no part of such gross sales or net profits can inure to the bene fit of any private person; provided, as used herein, 'purely charitable purposes' means relief of the aged; church related youth activities; religious instruction or worship; and construction or repair of church buildings or facilities." Section 2. Said Act is further amended by adding at the end of Section 3 (c)(2) the following: "(aa) Sales of tangible personal property and services to orphans' homes located in this State and operated as nonprofit corporations." MONDAY, MARCH 6, 1978 2743 Section 3. Said Act is further amended by adding at the end of Section 3 (c)(2) the following: "(bb) Sales of irrigation equipment." Section 4. Said Act is further amended by adding at the end of Section 3 (c)(2) the following: "(cc) Sales of prescription drugs." Section 5. Said Act is further amended by adding at the end of Section 3 (c)(2) the following: "(ddj Sales of food purchased for human consumption, but not including: 1. Food served, prepared, or sold in or by restaurants, drugstores, lunch counters, cafeterias, hotels, or other similar places of business. 2. Foods cooked and prepared on the seller's premises and sold ready for immedi ate consumption either on or off the premises." Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The following House amendment to the Senate substitute was read and adopted: Representative Burruss of the 21st moves to amend Senate Substitute to H. B. 536 as follows: By striking everything after the words "A BILL TO BE ENTITLED AN ACT", and substituting in lieu thereof the following: "To amend an Act to authorize certain counties and municipalities to impose, levy and collect certain excise taxes, approved April 24, 1975 (Ga. Laws 1975, p. 1002), so as to change the maximum aggregate percentage of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to authorize certain counties and municipalities to impose, levy and collect certain excise taxes, approved April 24, 1975 (Ga. Laws 1975, p. 1002), is hereby amended by striking from Sections 2 and 3 thereof the following: '7%', and substituting in lieu thereof the following: '8%', so that when so amended Sections 2 and 3 shall read as follows: 'Section 2. The governing authority of each municipality in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal entity licensed by or required to pay business or occupation taxes to the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations furnished for a period of more than 10 consecutive days, or for the use of meeting rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the aggregate of taxes levied upon the sale or charges for any rooms, lodgings or accommodations, exceed V9v 8% of the charge to the public for such furnishings. Section 3. The governing authority of each county in this State shall be authorized to impose, levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodging or accommodations furnished by any person or legal 2744 JOURNAL OF THE HOUSE, entity licensed by or required to pay business or occupation taxes to the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished for value. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommoda tions furnished for a period of more than 10 consecutive days, or for the use of meet ing rooms, nor shall the rate of taxation exceed 3% of the charge to the public for such furnishings, nor shall the aggregate of taxes levied upon the sale or charges for any rooms, lodgings or accommodations, exceed 1%- 8% of the charge to the public for such furnishings. No such tax may be imposed, levied and collected in any portion of a county wherein the tax provided for in Section 2 is being imposed, levied and collected.' Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed." Representative Burruss of the 21st moved that the House agree to the Senate substi tute, as amended by the House, to HB 536. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammfuje, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamuton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F. Jr. Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 147, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinar, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1808. By: Representatives Lambert of the 112th, Murphy of the 18th, Ware of the 68th, and Castleberry of the lllth: A BILL to amend Code Section 56-3002, MONDAY, MARCH 6, 1978 2745 relating to scope and format of individual accident and sickness insurance poli cies, so as to provide that no such policy nor any group or blanket policy pro viding such insurance shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify poli cies in violation to be null and void; and for other purposes. The following Senate substitute was read: A BILL To amend Code Title 56, known as the Georgia Insurance Code, so as to provide that no individual, group, or blanket insurance policy shall contain a provision denying or reducing certain benefits as a result of the receipt of medical assistance benefits; to specify policies in violation to be null and void; to provide for application to policies issued by a hospital service nonprofit corporation or a nonprofit medical service corporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by adding a new subsection at the end of Code Section 56-3002, relating to scope and for mat of individual accident and sickness insurance policies, to be designated subsection (8), to read as follows: "(8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assis tance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or here after amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation.", so that when so amended, Code Section 56-3002 shall read as follows: "56-3002. Scope and format of policy. No policy of accident and sickness insurance shall be delivered or issued for delivery in this State unless it meets the following requirements: (1) The entire money and other considerations therefor are expressed therein; (2) The time at which the insurance takes effect and terminates is expressed therein; (3) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policyholder; (4) The style, arrangement and overall appearance of the policy given no undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the 'text' shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions), when a policy is renewable only at the option of the insurer, such fact shall be made known in prominent lettering on the face of the policy; (5) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in Sections 56-3004 and 56-3005, are printed, at the insurer's option, either included with the benefit provisions to which they apply, or under an appropriate caption such as 'exceptions,' or 'exceptions and reductions': Pro vided, that if an exception or reduction specifically applies only to a particular benefit 2746 JOURNAL OF THE HOUSE, of the policy, a statement of such exception or reduction shall be included with the ben efit provision to which it applies; (6) Each such form, including riders and endorsements, shall be identified by a form number in the lower lefthand corner of the first page thereof; and (7) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a state ment of rates or classification of risks, or short-rate table filed with the Commissioner^ and (8) (a) It contains no provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assistance, as defined in an Act known as the 'Georgia Medical Assis tance Act of 1977', approved March 16,~1977 (Ga. Laws 1977, g. 384), as now or here after amended. Any such provision appearing in an individual accident and sickness insurance policy, subsequent to July lj 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation." Section 2. Said Code Title is further amended by adding a new Section after Code Section 56-3105, relating to required provisions of group and blanket accident and sickness insurance, to be designated Code Section 56-3105.1, to read as follows: "56-3105.1. Prohibition of certain provisions relating to receipt of medical assistance.--(a) No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person, solely for the reason that the person is eligible for or receiving medical assis tance, as defined in an Act known as the 'Georgia Medical Assistance Act of 1977', approved March 16, 1977 (Ga. Laws 1977, p. 384), as now or hereafter c nended. Any such provision appearing in a group or blanket accident and sickness insurance policy, subsequent to July 1, 1978, shall be null and void. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service nonprofit corporation." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed Representative Lambert of the 112th moved that the House agree to the Senate sub stitute to HB 1808. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adorns, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumua, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Caon, G. Y Castleberry, D. Y Chance, G. Y Guilders, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaui, C. Y Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammace, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Under, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. MONDAY, MARCH 6, 1978 2747 Peters, R.G. Y PhiUips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey. H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the motion, the ayes were 150, nays 0. The motion prevailed. HB 1417. By: Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, Culpepper of the 98th, Felton of the 22nd, Dover of the llth, Watson of the 114th, and others: A BILL to amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to clarify a certain ineligibility; and for other purposes. The following Senate substitute was read: A BILL To amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to provide for applicability to members of county boards of elections; to provide for eligibility; to clarify a certain ineligibility; to provide for excep tions; to amend Code Chapter 34-11, relating to election ballots, as amended, so as to pro vide that the order of names to be printed on ballots shall be determined periodically by lottery; to specify duties of the Secretary of State; to conform present law; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-605, relating to qualifications of registrars and deputy registrars, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 34-605, to read as follows: "34-605. Qualifications of registrars and deputy registrars. Registrars and deputy regis trars shall be electors of the county in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a registrar, dep uty registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible to any nomination or office to be voted for at a primary or election, or shall be eligible to qualify for any nomination or office, or to have his name placed on any primary or election ballot pursuant to Sections 34-1005 and 34-1002 respectively, or to give a notice of his intention of write-in candidacy, provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector, or to any candidate for such office of tax commissioner or tax collector. Provided, nothing herein shall preclude a registrar, deputy registrar, or member of a county board of elections from holding political party or body office or serving as a presidential elector." Section 2. Code Section 34A-503, relating to qualifications of registrars and deputy registrars in municipal elections, is hereby amended by striking from the second sentence thereof the following: "or deputy registrar", and inserting in lieu thereof the following: ", deputy registrar, or member of a board of electors,", and by inserting in the second sentence thereof, after the following: "shall be eligible to", 2748 JOURNAL OF THE HOUSE, the following: "file a notice of candidacy for", so that when so amended, said Code Section shall read as follows: "34A-503. Qualifications of registrars and deputy registrars. Registrars and deputy registrars shall be electors of the municipality in which they are appointed and shall be able to read, write and speak the English language. No person, while serving as a regis trar er deputy registrar^ deputy registrar, or member of a board of electors, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election." Section 3. Code Chapter 34-11, relating to election ballots, as amended, is hereby amended by adding a new Section after Code Section 34-1103, to be designated Code Section 34-1103.1, to read as follows: "34-1103.1. Order of names on ballot; determination by lottery. It shall be the duty of the Secretary of State, on the first Monday in May, 1978, and on the first Monday after the first day in January of each year thereafter, to conduct a lottery for the pur pose of determining the order in which names will appear on official primary and elec tion ballots. Each letter of the alphabet shall be placed in a box and letters shall be drawn by the Secretary of State. Names shall appear on the ballots in the order in which the first letter of the candidate's last name was drawn in such lottery. Such lot tery shall establish the order for the appearance of candidates' names for all primaries and elections to be conducted during the calendar year in which the lottery is con ducted." Section 4. Said Code Chapter is further amended by striking in its entirety subsec tion (c) of Code Section 34-1102, relating to form of official primary ballot and substitut ing in lieu thereof a new subsection (c), to read as follows: "(c) Immediately under the directions, the names of all candidates, who have quali fied with the party in accordance with the provisions of this Title and party rules and who have been certified to the judge of the probate court or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order as provided in Code Section 34-1103.1. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direc tion as to the number of candidates to be voted for." Section 5. Said Code Chapter is further amended by striking in its entirety subsec tion (c) of Code Section 34-1103, relating to form of official election ballot and substitut ing in lieu thereof a new subsection (c), to read as follows: "(c) Immediately under the directions, the names of all candidates, who have been nominated in accordance with the requirements of the Code, shall be printed on the bal lot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candi dates of the political parties for Governor at the last gubernatorial election. The columns of parties, having no candidate for Governor on the ballot at the last gubernatorial elec tion, shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading 'Independent', which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office m alphabetical e*der as pro vided in Code Section 34-1103.1. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns and such col- MONDAY, MARCH 6, 1978 2749 umns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a sufficient blank column for the inser tion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check ( ) mark." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Kemp of the 139th moved that the House disagree to the Senate sub stitute to HB 1417. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 441. By: Senators Stumbaugh of the 55th, Barnes of the 33rd and Thompson of the 32nd: A BILL to amend Code Chapter 26-99, relating to miscellaneous criminal provisions, as amended, so as to prohibit the sale, delivery, distribution, display for sale or the provision of certain drug-related objects to a minor and to pro hibit the possession of such drug-related objects for the aforesaid purposes; and for other purposes. The following amendment was read and adopted: Representative Robinson of the 58th moves to amend Senate Bill 441 as follows: By inserting a new sentence immediately following the word "amended.", where the same appears in line 26 on page 1, to read as follows: "For the purposes of this Section, the term 'controlled substance' shall include mari juana as defined by subsection (o) of Code Section 79A-802 of said Code Chapter 79A-8." The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burrusa, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y ChUds, P. Clark, Betty Y Clark, L. Y Chiton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Dent, RA. Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Efflott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harriaon, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Karrh, R. 2750 JOURNAL OF THE HOUSE, Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McColIum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 140, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Robinson of the 58th moved that the House reconsider its action in giving the requisite constitutional majority to SB 441, as amended. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y GammAge, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Nix, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the motion, the ayes were 146, nays 0. The motion prevailed. The following Resolution of the House was read and adopted: Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne.Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker MONDAY, MARCH 6, 1978 2751 HR 841. By: Representatives Johnson and Glanton of the 66th: A RESOLUTION Creating the Town of Mt. Zion Annexation Study Committee; and for other purposes. WHEREAS, the General Assembly of Georgia, by an Act approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3012), reincorporated the Town of Mt. Zion, in the County of Carroll; and WHEREAS, the Town of Mt. Zion has under consideration the annexation of certain territory; and WHEREAS, it is the desire of the General Assembly to obtain more information con cerning the advisability of, and the best method for, amending the corporate limits of the Town of Mt. Zion, if it is determined that it is advisable to do so. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Town of Mt. Zion Annexation Study Commit tee, to be composed of nine citizens living within the corporate limits of the Town of Mt. Zion or the territory immediately surrounding said Town, to be appointed by the joint action of the members of the House of Representatives and the Senate representing Carroll County. BE IT FURTHER RESOLVED that the members of the Committee shall make a thorough investigation of the advisability of changing the corporate limits of the Town of Mt. Zion, shall determine the desires of the citizens living within the corporate limits of Mt. Zion and the area to be annexed and shall recommend to the General Assembly the best method for accomplishing such changes, if it is determined that such annexation is advisable. BE IT FURTHER RESOLVED that the members of the Committee shall receive no compensation or expenses for their services, shall elect, from among their members, a chairman and such other officers as they deem necessary, shall hold an organizational meeting on a date and at such location as shall be fixed by the joint action of the members of the Senate and House of Representatives who represent Carroll County in the General Assembly, and shall make a report of their findings and recommendations, in writing, on or before December 1, 1978, at which time the Committee shall stand abolished. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1907. By: Representative Connell of the 87th: A BILL to amend an Act to provide and fix the compensation of certain elected officials in certain counties of this State so as to change the salaries of certain elected officials in said counties; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 732. By: Representatives Kaley of the 19th, Walker of the 115th, and Nix of the 20th: A BILL to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and con- 2752 JOURNAL OF THE HOUSE, dominiums; to prescribe conditions under which such maps of plats shall be entitled to record; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 606. By: Senator Doss of the 52nd: A BILL to amend Code Chapter 56-5, relating to insurance rates for casualty, surety, vehicle insurance, property, marine, and transportation, so as to provide for applicability of a certain Section of workmen's compensation insurance; and for other purposes. Representative Ware of the 68th moved that the House reconsider its action in adopt ing the following amendment: Representatives Hill of the 127th, Ham of the 80th, Childers of the 15th, and others move to amend SB 606 by adding a new Section to read as follows: "Notwithstanding any provision herein to the contrary, the Georgia Motor Vehicle Accident Reparation Act is repealed in its entirety, effective December 31, 1981." On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Games, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. N Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. N Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dmm, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Ganmmge, LGignilliat, A. Glanton, Tom N Glover, M. Greene, J, Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 142, nays 7. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Muffinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y NU, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Wffliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the re-adoption of the Hill et al amendment, the roll call was ordered and the vote was as follows: MONDAY, MARCH 6, 1978 2753 N Adams, G. N Adams, Marvin N Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. N Burruss, A.L. N Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. N Carrell, B. N Cason, G. N Castleberry, D. N Chance, G. N Childers, E.M. N Childs, P. Y Clark, Betty N Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. N Colwell, C.H. Connell, J. Cooper, B. N Cox, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaui, C. N Dixon, H.D. Y Dover, Bill Y Edwards, W. N EUiott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. N Harrison, C. N Hatcher, C.F. Hawkins, J. N Hays, F.Jr Hill, B.L. Y Holmes, Bob N Home, F. N Horton, G.T. N Housley, E. Hudson, Ted N Hutchinson, R.S. Irvin, J. NIrvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. N Jones, B. N Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) N Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. N Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. N Nichols, M. N Nix, K. N Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. N Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. N Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. N Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the re-adoption of the Hill et al amendment, the ayes were 15, nays 139. The Hill et al amendment was lost. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. N Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cor, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. N Dean, D.C. Y Dent, R.A. Y Deveaui, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignilUat, A. Y Glanton, Tom N Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y MUford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. 2754 JOURNAL OF THE HOUSE, Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 158, nays 6. The Bill, having received the requisite constitutional majority, was passed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House: HB 1365. By: Representatives Home of the 104th, Davis of the 99th, Birdsong of the 103rd, and Pinkston of the 100th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to showing a credit on county and municipal ad valorem tax bills; to provide an effective date; and for other purposes. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1820. By: Representatives Harris of the 8th, Collins of the 144th, Wilson of the 19th, Vaughn of the 57th, and Connell of the 87th: A BILL to amend an Act author izing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof so as to change the automobile mileage allowance rate; and for other purposes. The Senate insists on its substitute to the following Bill of the House: HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Resolution of the House: HR 81-370. By: Representatives Tolbert and Butler of the 56th, Richardson of the 52nd, Linder of the 44th, and Deveaux of the 28th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to pro vide for a different method and time of returns, assessments, payment and col lection of ad valorem taxes on aquatic pleasure craft; to provide for the submission of this amendment for ratification or rejection; and for other pur poses. The President has appointed on the part of the Senate the following Senators: MONDAY, MARCH 6, 1978 2755 Senators Riley of the 1st, Wessels of the 2nd, and Broun of the 46th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto: SB 408. By: Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and Stumbaugh of the 55th: A BILL to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; and for other purposes. Representative Carnes of the 43rd moved that the House insist on its position in amending SB 408. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 405. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend Code Chapter 79A-2, relating to the State Board of Phar macy, so as to provide for an additional member of the board; to provide the procedures connected therewith; to provide an effective date; and for other pur poses. The following Committee amendment was read and adopted: The House Committee on Health and Ecology moves to amend S. B. No. 405 as fol lows: By adding on line 3 of page 1 after the following: "board", the following: "and to provide for the vote of such member; to change the compensation of the mem bers of the board". By striking from lines 17, 18, and 19 of page 1 the following: "but shall have a recognized interest in consumer affairs and in consumer protection concerns". By adding on line 19 of page 1 after the following: "concerns.", the following: "Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State." By striking on line 20 of page 1 the following: 2756 JOURNAL OF THE HOUSE, "known pharmacist", and inserting in lieu thereof the following: "consumer". By adding between lines 23 and 24 of page 1 the following: "Section 2. Said Code Chapter is further amended by striking from Code Section 79A-206 the following: '$25.00 per day', and inserting in lieu thereof the following: '$44.00 per day', so that when so amended, said Code Section shall read as follows: '79A-206. The members of the said Board of Pharmacy shall receive, as their com pensation, the sum of $26.00 per day $44.00 per day while in the actual performance of their duties as members of the said Board and, in addition, shall receive their actual traveling expenses while in performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title and in accordance with the provision of Chapter 84-1 of the Code of Georgia.'" By striking from line 24 of page 1 the following: "Section 2.", and inserting in lieu thereof the following: "Section 3." The following substitute, offered by Representative Auten of the 154th, was read: A BILL To amend Code Chapter 79A-2, relating to the State Board of Pharmacy, so as to pro vide for two additional members of the Board and to provide for the votes of such mem bers; to provide the procedures connected therewith; to change the compensation of the members of the Board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 79A-2, relating to the State Board of Pharmacy, is hereby amended by adding between Code Sections 79A-202 and 79A-203 a new Code Section, to be known as Code Section 79A-202.1, and to read as follows: "79A-202.1. Effective July 1, 1978, the Board shall consist of seven members. In addi tion to the members of the Board provided for in the above Code Section, two addi tional members of the Board shall be appointed by the Governor. One of the additional members shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State. The other additional member of the Board shall be a practicing institutional pharmacist representing the interest of institutional pharmacists of hospi tals, nursing homes and other health care facilities. Vacancies occurring in the member ship of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years." MONDAY, MARCH 6, 1978 2757 Section 2. Said Code Chapter is further amended by striking from Code Section 79A-206 the following: "$25.00 per day", and inserting in lieu thereof the following: "$44.00 per day", so that when so amended, said Code Section shall read as follows: "79A-206. The members of said Board of Pharmacy shall receive, as their compensa tion, the sum of $26.00 per day $44.00 per day while in the actual performance of their duties as members of the said Board, and, in addition, shall receive their actual traveling expenses while in performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint Secretary, State Examining Boards, under the provisions of this Title and in accordance with the provision of Chapter 84-1 of the Code of Georgia." 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 hereby repealed. The following amendment to the floor substitute was read and adopted: Representative Logan of the 62nd moves to amend the Floor Substitute to S. B. 405 as follows: By redesignating Section 4 as Section 5, and by adding, immediately after line 24 of page 2, the following: "Section 4. Code Chapter 79-4, relating to pharmacists, is hereby amended by add ing, between Code Sections 79A-401 and 79A-402, a new Code Section 79A-401.1 to read as follows: '79A-401.1 Number and time of examinations, (a) The Board shall give complete examinations, including both the theoretical and the practical portions, at least three times a year. (b) These examinations shall be given in January, June, and September. If the national examination prepared and graded under the direction of the National Associ ation of Boards of Pharmacy Licensing Examination is not available during one or more of the above months, the Board may schedule the examination for a date when the national examination is available that is as near as possible to the above months. (c) The Board may, be appropriate rule or regulation, provide for additional exam inations and the time thereof.'" On the adoption of the substitute, as amended, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin Y Anderson, W. N Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop. S. Bolster, P. Y Bray, C.A. N Buck, T.B. N Burruss, A.L. Y Burton, J. N Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. Clark, Betty Y Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. ColweU, C.H. Connell, J. N Cooper, B. N Coi, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. N Dean, D.C. N Dent, R.A. Y Deveaui, C. Y DUon, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. Gammage, L. N Gignilliat, A. Y Glanton, Tom Glover, M. N Greene, J. N Greer, J.W. Y Ham, B. N Hamilton, G. N Manner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.Jr. N Hill, B.L. Y Holmes, Bob N Home, F. N Horton, G.T. N Housley, E. 2758 JOURNAL OF THE HOUSE, Hudson, Ted N Hutchinson, R.S. NIrvin, J. Ylrvin, R. Isakson, J. N Jackson, J.D. N Jessup, Bn Y Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. N Jones, B. Y Jones, Herb N Kaley, M. N Karrh, R. Kemp, R. N Keyton, J.W. Kilgore, T.M. Knight, N.G. N Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(BU1) N Lenderman, M. Y Linder, J. N Logan, H. N Long, W.K. N Looper, M. Y Lord, J. N Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R. N McCoUum, H. McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. Mullinax, E.G. N Murray, B. N Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill N Oldham, L. Y Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. N Ralston, E. Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Roes, Ben B. N Rowland, J.R. Y Rush, Dewey N Russell, J. N Savage, J. Scott, A. Y Scott, D. N Sizemore, E. Y Smith, V.B. N Smyre, C. N Snow, Waynejr. N Steinberg, C. N Stone, R N Swann, D. N Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. Y WiUiamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the adoption of the substitute, as amended, the ayes were 37, nays 109. The substitute, as amended, was lost. Representative Holmes of the 39th stated that he had inadvertently voted "aye" on the adoption of the substitute, as amended, but had intended to vote "nay" thereon. The following amendment was read and adopted: Representative Logan of the 62nd moves to amend S. B. 405 as follows: By inserting on line 3 of page 1, immediately after "board;", the following: "to provide for examinations;". By inserting a new Section _______ to read as follows, and by redesignating the other Sections accordingly: "Section _______. Code Chapter 79-4, relating to pharmacists, is hereby amended by adding, between Code Sections 79A-401 and 79A-402, a new Code Section 79A-401.1 to read as follows: '79A-401.1 Number and time of examinations, (a) The Board shall give complete examinations, including both the theoretical and the practical portions, at least three times a year. (b) These examinations shall be given in January, June, and September. If the national examination prepared and graded under the direction of the National Associ ation of Boards of Pharmacy Licensing Examination is not available during one or more of the above months, the Board may schedule the examination for a date when the national examination is available that is as near as possible to the above months. (c) The Board may, by appropriate rule or regulation, provide for additional exam inations and the time thereof.'" The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. N Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. MONDAY, MARCH 6, 1978 2759 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Chads, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y CoUins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutehinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. MuUinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 153, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended. SB 430. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Fair Business Practices Act of 1975, approved April 10, 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; and for other purposes. The following amendment was read and adopted: Representative Ham of the 80th moves to amend SB 430 by adding after the word "purposes" on line 2 of page 3 the following: ", the lending of money". The following amendment was read: Representative McDonald of the 12th moves to amend SB 430 by deleting on page 4, line 9 after the word "Act", all other language on lines 9, 10, 11, 12, 13, 14, and 15 in Section 6. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin Y Andersen, W. Y Argo, B. Auten, D. N Balkcom, R Y Bargeron, E. N Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. Bolster, P. Bray, C.A. N Buck, T.B. Burruss, A.L. Burton, J. Y Butler, D. N Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. 2760 JOURNAL OF THE HOUSE, Y Castleberry, D. Y Chance, G. N Childere, E.M. Y Childs, P. N Clark, Betty N Clark, L. Clifton, A.D. Coleman, T. Y Collina, M. Colwell, C.H. Cornell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. N Davis. B. N Dean, D.C. N Dent, R.A. N Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. N Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob N Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Irvin, R. Y Isakson, J. Jackson, J.D. Y Jessup, Ben N Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Kaley, M. Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. Marcus, S.J. N Matthews, D.R. McCollum, H. Y McDonald, L. McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. N Nichols, M. Y Nix, K. Noble, Bill N Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Ralston, E. Y Ramsey, T. N Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey N Russell, J. Y Savage, J. N Scott, A. N Scott, D. Y Si2emore, E. Y Smith, V.B. N Smyre, C. Snow, Wayne,Jr. On the adoption of the amendment, the ayes were 79, nays 55. The amendment was adopted. N Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. . Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. N Tuten, J. NTwiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. N Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following substitute, offered by Representative Johnson of the 72nd, was read: A BILL To amend the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; to make clear that consumers from other states can be aided by the Office of Consumer Affairs; to clarify the terms which can be negotiated in an Assurance of Voluntary Compliance; to amend Code Section 67-1301.1, providing requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt, so as to provide for certain limitations relative to deeds to secure debt on real property; to pro vide certain exceptions; to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. Laws 1975, p. 376), is hereby amended by inserting in subsection (b) of Section 1, after the word "consumers", the following: "both in Georgia and in other states", so that when so amended, subsection (b) shall read as follows: "(b) The purpose of this Act shall be to protect consumers both in Georgia and in other states and legitimate business enterprises from unfair or deceptive practices in the conduct of any trade or commerce in part or wholly in the State. It is the intent of the General Assembly that such practices be swiftly stopped and this Act shall be liberally construed and applied to promote its underlying purposes and policies." Section 2. Said Act is further amended by striking from subsection (c) of Section 1 the word "in" and substituting in lieu thereof the word "and", so that when so amended, subsection (c) shall read as follows: MONDAY, MARCH 6, 1978 2761 "(c) It is the intent of the General Assembly that this Act be interpreted and con strued consistently with interpretations given by the Federal Trade Commission and federal courts pursuant to Section 5(a)(l) of the Federal Trade Commission Act (15 USC 45[a][l]), as from time to time amended." Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 2 and substituting in lieu thereof a new subsection (c) to read as follows: "(c) 'Trade' and 'Commerce' mean the advertising, solicitation, distribution, sale, lease or offering for distribution, sale or lease, of any goods, serviceSj donations, or any other property, tangible or intangible, real, personal or mixed, or any article, commodity, or thing of value wherever situate, and shall include any trade e* commerce such act directly or indirectly affecting the people of the State of Georgia or any other state where at least one party to the consumer transaction or consumer act or practice is located within the State of Georgia." Section 4. Said Act is further amended by adding at the end of subsection (g) of Section 2 the following: ", or the solicitation of donations by or on behalf of eleemosynary organizations", so that when so amended, subsection (g) shall read as follows: "(g) 'Consumer transactions' are the sale, lease, rental of goods, services, or property, real or personal, primarily for personal, family, or household purposeSj or the solicitation of donations by or on behalf of eleemosynary organizations." Section 5. Said Act is further amended by adding to Section 3(b) a new Section 3(b)(12) which reads as follows: "(12) Disconnecting, turning back, or resetting the odometer of any motor vehicle so as to reduce the number of miles indicated on the odometer gauge, whether or not such motor vehicle is the subject of any consumer transaction as defined in Section 2(g) or whether or not such motor vehicle is the subject of a consumer act or practice as defined in Section 2(h) of this Act." Section 6. Said Act is further amended by adding at the end of Section 12 the fol lowing: "Unless an Assurance of Voluntary Compliance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to abide by the terms of an Assurance of Voluntary Compliance is prima facie evidence of a violation of this Act, if said term(s) is itself a violation of this Act, absent the Assurance of Voluntary Compliance.", so that when amended, Section 12 shall read as follows: "Section 12. Assurances of Voluntary Compliance. In the administration of this Act, the Administrator may accept an assurance of voluntary compliance with respect to any act or practice deemed to be violative of the Act from any person who has engaged or was about to engage in such act or practice. Any such assurance shall be in writing and be filed with the Clerk of the Superior Court of the county in which the alleged violator resides or has his principal place of business or the Superior Court of Fulton County. Such assurance of voluntary compliance shall not be considered an admission of viola tion for any purpose. Matters thus processed may at any time be reopened by the Administrator for further proceedings in the public interest, pursuant to Section 7. The provisions of this Section shall not bar any claim against any person who has engaged in any act or practice in violation of this Act. Unless an Assurance of Voluntary Compli ance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to abide by the terms of an Assurance of Voluntary Compliance is prima facie evidence of a violation of this Act, if said term(s) is itself a violation of this Act, absent the Assurance of Voluntary Compliance." Section 7. Said Act is further amended by striking from subsection (b) of Section 17 the word "allegation" and substituting in lieu thereof the word "obligation", so that when so amended, subsection (b) shall read as follows: 2762 JOURNAL OF THE HOUSE, "(b) Damages or penalties to which a person is entitled pursuant to this Act may be set off against the allegation obligation of said person to the seller and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Section." Section 8. Code Section 67-1301.1, providing requirements relative to transfer fees for the transfer of real property involved in deeds to secure debt, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 67-1301.1 to read as follows: "67-1301.1. Requirements relative to deeds to secure debt. When the grantor of a deed to secure debt on real property sells or transfers the real property securing such debt to a third party and the instrument evidencing such sale or transfer executed between such third party and the grantor does not relieve or attempt to relieve the grantor of his obligation under the deed to secure debt, then such sale or transfer, in the absence of default on the part of the grantor, shall not: (1) authorize the acceleration of maturity of the obligation of the grantor under the deed to secure debt; or (2) author ize the escalation of interest or any other changes in the terms, conditions or require ments of the obligation of the grantor under the deed to secure debt. The provisions of any deed to secure debt executed after July 1, 1978, which are in violation of this Section are hereby declared to be against the public policy of this State and shall be null, void and unenforceable. The provisions of this Section shall not apply to any com mercial or business loan, regardless of the amount thereof, nor to any other loan in the amount of $100,000.00 or more." Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: Representative Ham of the 80th moves to amend the floor substitute to SB 430 by adding after the word "purposes" the following: ", the lending of money". Representative Pinkston of the 100th moved that the House reconsider its action in adopting the Ham amendment to the floor substitute. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Y AdamB, Marvin Y Anderson, W. N Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. Y Birdsong, K. Bishop, S. N Bolster, P. N Bray, C.A. Y Buck, T.B. BUITUSS, A.L. Y Burton, J. N Butler, D. N Canty, H. N Carlisle, J. Y Carnes, C. Carrell, B. Y Canon, G. Y Castlebeiry, D. Y Chance, G. N Childere, E.M. Y Childs, P. Clark, Betty Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Colwell, C.H. ConneU, J. Y Cooper, B. Y COT, W.E. N Croeby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. Y Davis, B. N Dean, D.C. N Dent, R.A. Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Effiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. N Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. N Greene, J. Greer, J.W. N Ham, B. Hamilton, G. N Manner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.^Jr. MONDAY, MARCH 6, 1978 2763 Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. N Housley, E. Hudson, Ted N Hutchinson, R.S. Irvin, J. Irvin, R. N Isakson, J. Jackson, J.D. N Jessup, Ben N Johnson, G. Y Johnson, P. N Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. N Kemp, R. Y Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Y Lenderman, M. Linder, J. N Logan, H. Y Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. N Money, J. Y Mostiler, J.L. N Mullinai, E.G. N Murray, B. Y Nessmith, P.E. Nichols, M. Nix, K. Noble, Bill N Oldham, L. N Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. N PhUlips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. Y Randall, W.C. Y Reaves, H.L. On the motion, the ayes were 77, nays 58. The motion prevailed. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Rush, Dewey N Russell, J. N Savage, J. N Scott, A. N Scott, D. N Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. N Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. N Tuten, J. YTwiggs, R. Y Vaughn, C.R. N Veazey, M. N Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker Representative Ham of the 80th again moved that the Ham amendment to the floor substitute to SB 430 be adopted. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. N Balkcom, R. Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. N Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. Y Bolster, P. Y Bray, C.A. N Buck, T.B. Bumiss, A.L. N Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. N Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. Clark, Betty Y Clark, L. N Clifton, A.D. N Coleman, T. N Collins, M. N Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Deveaux, C. Y Dixon, H.D. N Dover, Bill N Edwards, W. N Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. Y Gammage, L. N GignilUat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. N Hanner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. N Hays, F.Jr. Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. N Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. N Jones, B. N Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) N Lendennan, M. Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. N Lucas, D.E. Y Mann, C.C. Marcus, S.J. N Matthews, D.R. N McCollum, H. N McDonald, L. McKinney, J.E. Milford, B. N Money, J. N Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. N Nessmith, P.E. N Nichols, M. N NU, K. Noble, Bill Y Oldham, L. N Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. N Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. Robinson, C. Ross, Ben B. N Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. N Smith, V.B. N Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. Stone, R. N Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. N Williams, R. N WiUiamson, G. Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the re-adoption of the Ham amendment to the floor substitute, the ayes were 49, nays 90. The amendment was lost. 2764 JOURNAL OF THE HOUSE, On the adoption of the floor substitute, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin Anderson, W. N Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Bishop, S. Y Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. N Colwell, C.H. Cornell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Deveaui, C. N Diion, H.D. Y Dover, Bill Y Edwards, W. N Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. N Gignilliat, A. N Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. Y Hatcher, C.F. N Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Kaley, M. YKarrh, R. Y Kemp, R. Y Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BUl) Y Lenderman, M. Y Linder, J. N Logan, H. Y Long, W.K. Y Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. N McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. N Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. N Phillips, R.T. N Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Rush, Dewey N Russell, J. Y Savage, J. Y Scott, A. On the adoption of the substitute, the ayes were 100, nays 42. The substitute was adopted. Y Scott, D. Y Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. Vaughn, C.R. Y Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. YArgo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. N Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. N Castleberry, D. N Chance, G. Y Childers, E.M. N Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. N Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. N Diion, H.D. N Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. Y Felton, D. N Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. N Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. N Harrison, C. N Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. N Jones, B. N Jones, Herb Kaley, M. N Karrh, R. Y Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. N Lambert, Roy Lane, Dick N Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. MONDAY, MARCH 6, 1978 2765 McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. NU, K. Noble, Bill Y Oldham, L. Y Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. Petere, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. N Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. N Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. N Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. N Tucker, R.M. N Tuten, J. Y Twiggs, R. Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 101, nays 46. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 508. By: Senator Greene of the 26th: A BILL to amend Code Chapter 45-3, relating to licenses and permits for hunting, trapping and fishing, so as to require per sons born after a certain date to complete a hunter education course prescribed by the Board of Natural Resources in order to obtain a hunting license; and for other purposes. The following amendments were read and adopted: The House Committee on Game, Fish and Recreation moves to amend S. B. No. 508 as follows: By inserting in Section 1 on line 24 of page 1 immediately after the words "a certifi cate" the phrase ", or other evidence the Department deems acceptable,". Representatives Bargeron of the 83rd and Evans of the 84th move to amend SB 508 as follows: By adding a new subsection under Section 1 to be designated as Subsection (i) which shall read as follows: "The requirements of Subsection (C) and (D) of Section 1 shall not apply to any person under the age of 12 years, nor shall it apply to any person hunting on his own land or that of his parents or legal guardian." Representative McDonald of the 12th moves to amend SB 508 by adding a new Section 3 to read as follows: Confiscation of Equipment, (a) If a person takes big game while violating Code Section 45-509 prohibiting taking game on a public road or discharging a weapon across a public road by the discharge of a rifle or shotgun, and if such person was within an automobile or other motor vehicle at the time he discharged the rifle or shotgun while violating said Code Section 45-509 as aforesaid, then the automobile or other motor vehicle as well as the rifle or shotgun used in the commission of such act is hereby declared to be contraband and forfeited to the State in the same manner and subject to the same procedures and requirements as provided by subsections (b) through (h) of Code Section 45-502, relative to the confiscation and condemnation of vehicles, boats, animals or firearms used in the hunting of deer at night. (b) This Section shall not apply to any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulation or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, 2766 JOURNAL OF THE HOUSE, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) per sons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the loaded rifle or shotgun is necessary for manu facture, transport, installation, and testing under the requirements of such contract; and (5) district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys. A prosecution based upon a violation of this Section need not negate any exemp tions." And by renumbering Section 3 as Section 4. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe N Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. N Canty, H. Carlisle, J. Y Carnea, C. Carrell, B. Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. N Clifton, A.D. Coleman, T. N Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. N Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. N Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Irvin, R. Y Isakson, J. N Jackson, J.D. Y Jessup, Ben Y Johnson, G. N Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. N Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) Y Lendennan, M. Y Linder, J. Y Logan, H. Y Long, W.K. N Looper, M. N Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. N Parham, B.E. Patten, G.C. N Patten, R.L. Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne^r. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. N Twiggs, R. Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 118, nays 27. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: MONDAY, MARCH 6, 1978 2767 HB 1874. By: Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd, Gammage of the 17th, and Bray of the 70th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the composition of the Authority; to specify qualifications for certain public mem bers of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; and for other purposes. HB 1303. By: Representative Taggart of the 125th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liq uors" so as to provide for surety bonds for alcoholic beverage licensees; to pro vide an effective date; and for other purposes. The Senate insists on its substitute to the following Resolution of the House: HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Banks of the 17th, Riley of the 1st, and Lester of the 23rd. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. Representative Kemp of the 139th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 1386 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. 2768 JOURNAL OF THE HOUSE, The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Kemp of the 139th, Walker of the 115th, and Hatcher of the 131st. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following Bill of the House: HB 1335. By: Representatives Karrh of the 106th, Sizemore of the 136th, Ross of the 76th, Nix of the 20th, Tucker of the 73rd, Rowland of the 119th, and Lord of the 105th: A BILL to amend Code Section 32-904, relating to the compensation of members of county boards of education, so as to change the compensation of members of county boards of education; and for other purposes. The Senate has agreed to the House substitute, as amended by the Senate, to the fol lowing Bill of the Senate: SB 73. By: Senators Stumbaugh of the 55th, Johnson of the 34th and Button of the 9th: A BILL to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the Senate were taken up for consideration and read the third time: SB 467. By: Senators Evans of the 37th, Coverdell of the 40th, Doss of the 52nd, Johnson of the 34th, Hudson of the 35th, Stephens of the 36th, Barnes of the 33rd and others: A BILL to amend Code Section 56-704, defining unfair methods of com petition and unfair or deceptive acts or practices, so as to include in the defini tion of unfair discrimination certain discrimination relating to property insurance; to provide for private causes of action and attorneys' fees; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 56-704 and Code Section 56-705, defining unfair methods of competition and unfair or deceptive acts or practices and defining powers of the Commis sioner, so as to include in the definition of unfair discrimination certain discrimination relating to property insurance; to provide for additional powers of the Insurance Commis sioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 56-704, defining unfair methods of competition and unfair or deceptive acts or practices, is hereby amended by adding after subparagraph (b) of sub section (7) the following: MONDAY, MARCH 6, 1978 2769 "(c) Making or permitting any unfair discrimination in the issuance, renewal, or can cellation of any policy or contract of insurance against direct loss to residential property and the contents thereof, or in the amount of premium, policy fees, or rates charged for such policies or contracts when such discrimination is based solely upon the age or geo graphical location of such property within a rated fire district without regard to objec tive loss experience relating thereto." Section 2. Code Section 56-705, defining powers of the Commissioner relative to unfair trade practices, is hereby amended by adding at the end of said Section the follow ing: "In addition to any other authority granted to the Commissioner by this Title and in addition to those reports required by Code Section 56-319, the Commissioner may require persons engaged in the business of insurance in this State to file reports by postal ZIP Code, where appropriate, or in any other format to enable the Commissioner to readily determine if such person has been or is engaged in any unfair method of com petition or in any unfair or deceptive act or practice prohibited by this Chapter." Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. Canon, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. N Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Niz, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Patten, R.L. Peters, R.G. Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rons, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 136, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute. 2770 JOURNAL OF THE HOUSE, SB 515. By: Senator Barnes of the 33rd: A BILL to amend an Act creating the Prosecuting Attorneys' Council of the State of Georgia, approved April 28, 1975, so as to authorize the said Council to conduct or approve for credit or reimbursement certain training courses for certain prosecuting attorneys and their staffs; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Colling, M. Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Diion. H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gfunmage, L. GignUliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 134, nays 1. The Bill, having received the requisite constitutional majority, was passed. SR 307. By: Senators Lester of the 23rd, Holloway of the 12th, Riley of the 1st and Starr of the 44th: A RESOLUTION Creating the Georgia Tax Reform Commission; and for other purposes. WHEREAS, the economy of the State of Georgia has undergone dynamic growth during the last several decades and undoubtedly will continue to experience a lively expan sion since Georgia stands as the business/industrial hub of the South; and WHEREAS, these developments have contributed significantly to the potential for a richly diverse revenue mix for the State and local governments; and WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for governmental services, has yielded a strained revenue MONDAY, MARCH 6, 1978 2771 structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and financially burdened the individual taxpayers of the State; and WHEREAS, the various inequities and imperfections which seem relatively trivial when the tax burden is less cannot be ignored as the tax burden rises; and WHEREAS, the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated context without due regard for the overall tax system and the principle of neutrality; and WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the developmental patterns in the partic ular state, and each of these variables has changed significantly in Georgia in the absence of a comprehensive and exhaustive review and study of the consequences and fairness of the resulting system; and WHEREAS, the goal of designing a balanced tax system with the fewest inequities within the structure "f the various taxes will enable decisions of individuals and businesses with respect to location, investment, and spending to proceed unclouded by or be minimally influenced by tax consequences. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Georgia Tax Reform Commission to be com posed of twenty members as follows: five members of the Senate to be appointed by the President of the Senate; five members of the House of Representatives to be appointed by the Speaker; and ten residents of the State to be appointed by the Governor, one each of whom shall be appointed upon the recommendation of the Georgia Chamber of Com merce, the State Revenue Commissioner, the Association of County Commissioners, the Georgia Municipal Association, the Georgia Farm Bureau, the Georgia Forestry Commis sion, the Georgia Society of Certified Public Accountants, the Georgia Association of Tax Officials and two of whom shall be appointed to represent the State consumers at large. The Commission shall conduct a comprehensive and exhaustive study of the tax laws and tax policy of this State with a view toward modernizing and revitalizing the revenue struc ture so as to create an equitable and flexible tax system which properly balances the taxes based on fixed wealth, current expenditures, and current flow of income. The Commission is authorized to appoint and employ staff personnel as it may deem necessary, including an executive director, to effectuate the purposes of this Resolution. All members of the Commission shall receive the allowances authorized by law for legislative members of interim legislative committees. Any members of the executive or judicial branches of gov ernment shall receive such allowances from State funds from which they are otherwise compensated. The other allowances and all other funds necessary to carry out the provi sions of this Resolution shall come from the funds appropriated to or otherwise available to the legislative branch of government. The Commission shall make a preliminary report to the 1979 Session of the General Assembly and a final report of its findings, recom mendations, and suggestions for proposed legislation to the 1980 Session of the General Assembly, at which time the Commission shall stand abolished. The following Committee substitute was read and adopted: A RESOLUTION Creating the Georgia Tax Reform Commission; and for other purposes. WHEREAS, the economy of the State of Georgia has undergone dynamic growth during the last several decades and undoubtedly will continue to experience a lively expan sion since Georgia stands as the business/industrial hub of the South; and 2772 JOURNAL OF THE HOUSE, WHEREAS, these developments have contributed significantly to the potential for a richly diverse revenue mix for the State and local governments; and WHEREAS, the reliance on traditional tax revenue sources, when coupled with the rapid increase in the demand for governmental services, has yielded a strained revenue structure unable to respond to current and future fiscal needs in a balanced, equitable fashion and has increasingly troubled and financially burdened the individual taxpayers of the State; and WHEREAS, the various inequities and imperfections which seem relatively trivial when the tax burden is less cannot be ignored as the tax burden rises; and WHEREAS, the revenue structure of Georgia, like that of other states, has received only sporadic, piecemeal revision over the years, and these changes too frequently have been made in an isolated context without due regard for the overall tax system and the principle of neutrality; and WHEREAS, the ideal tax structure necessarily varies from state to state depending on the employment mix, the economic base, and the developmental patterns in the partic ular state, and each of these variables has changed significantly in Georgia in the absence of a comprehensive and exhaustive review and study of the consequences and fairness of the resulting system; and WHEREAS, the goal of designing a balanced tax system with the fewest inequities within the structure of the various taxes will enable decisions of individuals and businesses with respect to location, investment, and spending to proceed unclouded by or be minimally influenced by tax consequences. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. There is hereby created the Georgia Tax Reform Commission. The Com mission shall be composed of twenty-one members as follows: (a) Six members of the Senate to be appointed by the President of the Senate. (b) Six members of the House of Representatives to be appointed by the Speaker of the House of Representatives. (c) (1) Nine members to be appointed by the Governor. (2) Of the Governor's appointees, one each shall be appointed upon the recom mendation of: (A) The Georgia Municipal Association and shall be an elected municipal offi cial. (B) The Association of County Commissioners and shall be an elected county official. (C) The Georgia Chamber of Commerce. (D) The Georgia Farm Bureau. (E) The Georgia League of Women Voters. (F) The Georgia Property Owners Association. (3) Each such organization shall recommend to the Governor a list of not less than three names for appointment to the Commission. From each such list the Governor shall appoint one member as provided in this Section. Section 2. The Commission shall conduct a comprehensive and exhaustive study of the tax laws and tax policy of this State with a view toward modernizing and revitalizing the revenue structure so as to create an equitable and flexible tax system which properly balances the taxes based on fixed wealth, current expenditures, and current flow of income. Section 3. The Commission is authorized to appoint and employ staff personnel as it may deem necessary, including an executive director, and to contract for professional and research services to effectuate the purposes of this Resolution. The Office of Legis lative Counsel shall serve as counsel to the Commission. MONDAY, MARCH 6, 1978 2773 Section 4. The Commission shall elect a chairman from among its membership. The first meeting of the Commission shall be upon the joint call of the President of the Senate and the Speaker of the House of Representatives. Thereafter, the Commission shall meet upon the call of the chairman. Section 5. The Commission may request and, upon such request, shall be afforded the assistance and cooperation of the State Revenue Department, the Department of Law, the Institute of Government, and each other agency or institution of the State. Section 6. The Commission is encouraged to seek the active cooperation and assis tance in its work of the Georgia Association of Tax Officials, the Georgia Forestry Com mission, the Georgia Society of Certified Public Accountants, the Georgia School Boards Association, the Tax Section of the State Bar of Georgia, and other interested organiza tions and individuals, and is expressly encouraged to take advantage of the expertise and experience in matters affecting taxation and tax policy which is available through insti tutions of higher learning in this State. Section 7. All members of the Commission shall receive the allowances authorized by law for legislative members of interim legislative committees. Any members of the execu tive or judicial branches of government shall receive such allowances from State funds from which they are otherwise compensated. The other allowances and all other funds necessary to carry out the provisions of this Resolution shall come from the funds appro priated to or otherwise available to the legislative branch of government. Section 8. The Commission shall make a preliminary report to the 1979 Session of the General Assembly and a comprehensive report of its findings, recommendations, and suggestions for proposed legislation to the 1980 Session of the General Assembly. Section 9. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Appointments to the Commission shall be made as provided in this Resolution as soon as practicable after its approval or otherwise becoming a law. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castlebeny, D. Y Chance, G. N Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Y Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, P.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. 2774 JOURNAL OF THE HOUSE, Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa. Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 144, nays 2. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SR 72. By: Senator Paulk of the 13th: A RESOLUTION relative to the portrait of former Governor William J. Northen; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Horne, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Mufflnax, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, RL. Peters, R.G. Y Phillips, L.L. Y PhuliD8, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 142, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SR 125. By: Senator English of the 21st: A RESOLUTION authorizing the conveyance of certain State-owned real property located in Emanuel County, Georgia, to the City of Swainsboro, Georgia; and for other purposes. MONDAY, MARCH 6, 1978 2775 The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckbam, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignilUat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lendennan, M. Y Under, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, SJ. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizeroore, E. Y Smith, V.B. Y Smyre, C. Y Snow, WayneJr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Waiiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. SB 514. By: Senators Banks of the 17th, Holloway of the 12th, Starr of the 44th and others: A BILL to amend Code Section 56-622, relating to record of surplus line brokers, so as to require that a copy of the record be furnished annually to the Insurance Commissioner; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 56-615, relating to surplus line broker quarterly affidavits, so as to require additional information pertaining to product liability coverage; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 56-615, relating to surplus line broker quarterly affidavits, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 56-615 to read as follows: "56-615. Broker's quarterly affidavit, (a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit, executed by the surplus line broker, 2776 JOURNAL OF THE HOUSE, setting forth the facts referred to in Section 56-614. Such affidavit shall furnish certifi cate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and such other information as the Commissioner may require, for all surplus lines transactions in which premiums were paid or were due and payable during the pre vious quarter. Such quarterly affidavit shall be filed with the Commissioner on or before the 15th day of April, July, October and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in Section 56-623. Such tax shall be remitted with the surplus line broker's quarterly affidavit. (b) In addition to that information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and oper ations regarding insurance covering insured persons, resident or located in this State, for the last preceding calendar year ending on December 31 or for other periods of time as the Commissioner may require. These reports shall be made in such form and shall con tain such information as the Commissioner may by regulation or by order from time to time prescribe which as to product liability insurers may include but shall not be required to be limited to the following information: (1) The total number of product liability claims, broken down by: (A) The type or category of claims; and (B) Whether the claims were: (i) Reported during a prior period and closed during the reporting period, (ii) Reported and closed during the reporting period, (iii) Reported and not closed during the reporting period. (2) The total amount paid in settlement or discharge of the claims for each type or category of claims. (3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided however that the informa tion on reserves shall be required to be maintained by the Insurance Commissioner in confidence except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request. (4) The total amount of premiums received from insured persons, resident or locat ed in this State, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (5) The total number of insured persons, resident or located in this State, for which such product liability insurance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers. (6) The total number of insured persons, resident or located in this State, whose product liability insurance coverage the insurer, with which the surplus line broker placed the coverage, cancelled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distribu tors, and retailers. (7) The total number of insured persons, resident or located in this State, who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, whole salers or distributors, and retailers." Section 2. This Act shall become effective March 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. MONDAY, MARCH 6, 1978 2777 Y Bray, C.A. Buck, T.B. Burruss, A.L. Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Cameo, C. CarreU, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Deveaux, C. Diion, H.D. Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Y Banner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Under, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Rosa, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Waynejr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 534. By: Senator Doss of the 52nd: A BILL to amend Code Title 49, relating to guardian and ward, so as to provide for the appointment of testamentary guard ians by the surviving parent of minor or mentally ill or mentally retarded chil dren; to provide for bond; and for other purposes. The following amendment was read and withdrawn by unanimous consent: The House Committee of Judiciary moves to amend Senate Bill 534 as follows: By striking the words on line 3 and 4 on page 1 "or mentally ill or mentally retarded" And by striking the words on line 3 page 2 "or is" and all of lines 4 and 5 and place a period after the word "minor" on line 3. And by adding on page 2 line 8 after the word "will", ", but shall not be required if the testator specifically provides in his or her will that no bond shall be required." The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to without the amendment. On the passage of the Bill, the ayes were 135, nays 2. The Bill, having received the requisite constitutional majority, was passed. SB 499. By: Senator Gillis of the 20th: A BILL to amend an Act providing for the com pensation and allowances of certain State officials, approved April 13, 1973, so as to provide for a change in the compensation and allowances of certain State 2778 JOURNAL OF THE HOUSE, officials; to provide for matters relative to the foregoing; to provide for an effec tive date; and for other purposes. The following Committee amendment was read and adopted: House Appropriations Committee offers to amend Senate Bill 499 as follows: By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: "Section 3. This Act shall become effective April 1, 1979." An amendment, offered by Representative Johnson of the 66th, was read and lost. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 113, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following Bill of the House: HB 1711. By: Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th, Carnes and Horton of the 43rd, Snow and Hays of the 1st, Sizeir^re of the 136th, Hill of the 127th, and others: A BILL to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; and for other purposes. By unanimous consent, all amended or substituted Senate Bills and Resolutions passed today were ordered immediately transmitted to the Senate. During this day's proceedings, the Speaker and Speaker Pro Tern alternated serving as presiding officer, thus accounting for the absence of the votes by the Speaker Pro Tern on some measures during the day. Representative Knight of the 67th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, MARCH 7, 1978 2779 Representative Hall, Atlanta, Georgia Tuesday, March 7, 1978 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. Prayer was offered by Reverend Dan Maxey, Pastor, Jones Memorial United Meth odist Church, Forest Park, Georgia. Representative Milford of the 13th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees: HB 2078. By: Representatives McCollum of the 134th, Hawkins of the 50th, Rush of the 121st, Anderson of the 8th, and Randall of the 101st: A BILL to amend Code Chapter 61-6, relating to security deposits, so as to require landlords to furnish certain information to tenants; to change the provisions relating to return of security deposits; to provide for payment of interest under certain conditions; and for other purposes. Referred to the Committee on Special Judiciary. HB 2079. By: Representative Crosby of the 150th: A BILL to amend an Act entitled the "Uniform Act Regulating Traffic on Highways" so as to provide that no motor vehicle shall be operated upon any highway unless the tires thereof meet certain minimum requirements; to provide for penalties; and for other purposes. Referred to the Committee on Highways. HB 2080. By: Representatives Dean of the 29th, Deveaux of the 28th, Clark of the 55th, McKinney of the 35th, and Savage of the 25th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to 2780 JOURNAL OF THE HOUSE, exempt from tax certain sales in which federal food stamps are received as pay ment for certain goods; and for other purposes. Referred to the Committee on Ways & Means. Representative Adams of the 36th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations: SB 497 Do Pass SB 647 Do Pass, by Substitute SB 648 Do Pass, by Substitute SB 498 Do Pass SB 609 Do Pass SB 643 Do Pass SR 311 Do Pass SR 359 Do Pass SR 372 Do Pass, by Substitute Respectfully submitted, Adams of the 36th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 7, 1978 Mr. Speaker: Your Committee on Rules met and fixed the calendar for today's business, Tuesday, March 7, 1978, and submits the following: SB 264 Probate Court Judges; Revise Fees SB 326 Term District Attorney Means Solicitor of State Court SB 354 County Probate Court Judges, Salaries SB 373 Garnishment, Default Judgements SB 378 Gasoline Marketing Practices, Violations SB 424 Hospital Authorities; Filling Vacancies SB 439 Crime Information Center, Dissemination of Information SB 441 Minors/Drug Related Objects; Prohibit Sale Etc.; (Rec.) SB 445 Habeas Corpus & Child Custody, Notice of Appeal SB 528 Motor Vehicle Certificate of Title, Exclude Certain Vehicles SB 529 APEG, Elementary Instructional Specialist SB 531 Insurance Policies; Pre-existing Illness; Payment of Benefit SB 563 Stone Mountain Memorial Association, Board SB 564 Jekyll Island, Composition of Authority SR 234 Governor's Veto, Change Overriding Veto SR 247 State Building Adm. Board; Termination Date SR 252 Amilee C. Graves Confer. Ctr., Unicoi Park SR 263 Presidential Route; Designate Highway The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire. Respectfully submitted, Lee of the 72nd Chairman TUESDAY, MARCH 7, 1978 2781 By unanimous consent, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time: SB 497. By: Senator Stephens of the 36th: A BILL to amend an Act approved March 3, 1939 authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 498. By. Senator Stephens of the 36th: A BILL to amend an Act authorizing the Com missioners of Fulton County to establish rules governing the payment of pen sions to county employees, so as to provide for beneficiary coverage of the surviving spouse or unmarried child or children under the age of 18 years, or participants in said plan; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 609. By: Senator Hudson of the 35th: A BILL to provide for the salary and expenses of members of the board of education and the president of such board in coun ties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to repeal a specific Act; to provide an effective date; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 643. By: Senator Dean of the 31st: A BILL to amend an Act reincorporating the City of Rockmart and creating a new charter for said city, approved April 8, 1968, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of elec tors; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed. SB 647. By: Senator Bell of the 5th: A BILL to amend an Act establishing districts in DeKalb County from which the members of the County Board of Education 2782 JOURNAL OF THE HOUSE, shall be elected, approved April 12, 1963, so as to change the compensation of the members of the board of education; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended, so as to provide for the compensation of members of county boards of education in all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-904, relating to the compensation of members of county boards of education, as amended, is hereby amended by adding a new paragraph immedi ately following said Code Section to read as follows: "The chairman and members of the county boards of education of all counties of this State having a population of not less than 400,000 nor more than 600,000 according to the United States Decennial Census of 1970 or any future such census shall each be paid $300.00 per month as their entire compensation for services rendered and for attendance at all regular and special meetings of said county boards of education." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 648. By: Senator Bell of the 5th: A BILL to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963, so as to change the provisions relative to school board districts; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), so as to change the provi sions relative to school board districts; to change the provisions relative to the election of members of said Board of Education; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws TUESDAY, MARCH 7, 1978 2783 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: "Section 1. (a) There is hereby created in DeKalb County a Board of Education of seven members, and for the purpose of electing said members, there shall be five School Board Districts as follows: School Board District No. 1 shall consist of that portion of DeKalb County lying with out the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 1. DeKalb Tracts 211, 212.01, 212.02, 212.03, 212.04, 213.01, 213.02, 213.03, 213.04, 214.01, 214.02, 214.03, 214.04 and 217.02. School Board District No. 2 shall consist of that portion of DeKalb County lying with out the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 2. DeKalb Tracts 215, 216.01, 216.02, 216.03, 217.01, 218.01 Tract 220 Blocks 101 through 111, 115, 116, 201, 202, 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Tracts 221, 222, 223.01, 223.02, 224.01, 224.02, 224.03. School Board District No. 3 shall consist of that portion of DeKalb County lying with out the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 3. DeKalb Tracts 218.02 and 219 Tract 220 Except Blocks 101 through 111, 115, 116, 201 through 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Tracts 232, 233 and 234.02. School Board District No. 4 shall consist of that portion of DeKalb County lying with out the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 4. DeKalb Tracts 229, 230, 231.01, 231.02, 231.03, 231.04, 234.01, 235.01, 235.02, 235.03, 236, 237, 238.01, 238.02 and 238.03. School Board District No. 5 shall consist of the entire portion of DeKalb County lying outside the corporate limits of the Cities of Atlanta and Decatur and there shall be three Posts for said District to be designated Posts 1, 2 and 3. A member shall be elected from each of said Posts. (b) For the purposes of subsection (a) of this Section, the word 'Tract' shall mean 'Census Tract.' The terms 'Census Tract' and 'Block' shall have the same meaning and 2784 JOURNAL OF THE HOUSE, describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. (c) Any portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur which is not included in School Board Districts 1, 2, 3 or 4 described in subsection (a) of this Section shall be included within School Board Dis tricts 1, 2, 3 or 4 contiguous to such portion which contains the least population accord ing to the United States Decennial Census of 1970 for the State of Georgia." Section 2. Said Act is further amended by striking Section 2 in its entirety and sub stituting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The members of the Board of Education of DeKalb County serving at the time this Act becomes effective by referendum approval shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as pro vided for by subsections (b) and (c) of this Section, and they shall take office and serve for the term of office as provided for therein. (b) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 2 and 3 and Post 1 of School Board District 5 shall be the successors to the incumbent members from the heretofore existing School Board Dis tricts 2, 3 and 5, respectively. The first such members shall be elected at the general election held in 1980, and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, future suc cessors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately follow ing their election for terms of four years and until their successors are elected and quali fied. (c) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 1 and 4, and Posts 2 and 3 of School Board District 5 shall be the successors to the incumbent members from the heretofore existing School Board Districts 1, 4, 6 and 7, respectively. The first such members shall be elected at the gen eral election held in 1982 and shall take office on the first day of January, 1983, for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified." Section 3. Said Act is further amended by striking Section 3 in its entirety and sub stituting in lieu thereof a new Section 3 to read as follows: "Section 3. Members of the Board of Education provided for herein shall be nomi nated and elected in accordance with the provisions of Code Title 34, known as the 'Georgia Election Code', as now or hereafter amended." Section 4. Said Act is further amended by striking Section 4 in its entirety and sub stituting in lieu thereof a new Section 4 to read as follows: "Section 4. The Board of Education established herein shall consist of a member from each of the School Board Districts created by Section 1 of this Act. Each member of the Board of Education shall be elected by the qualified voters of DeKalb County residing within his respective School Board District. Each candidate for membership on said Board shall have been a resident of the School Board District which he offers to represent for at least one year as of the date of taking office. Any member of said Board shall immediately be disqualified to continue serving as a member of said Board if he ceases to be a resident of his School Board District or if he qualifies as a candidate for any other federal, State or county elective office. A candidate for election to said Board shall designate the School Board District and the Post, when applicable, for which he is offering as a candidate." Section 5. It shall be the duty of the Board of Elections of DeKalb County to issue the call for an election for the purpose of submitting this Act to the voters of the DeKalb County school district for approval or rejection. The Board of Elections shall set the date TUESDAY, MARCH 7, 1978 2785 of such election for the same date as the general election of 1978. The Board of Elections shall issue the call for such election at least 30 days prior to the date thereof. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act providing for School Board Districts and providing for the election of the members of the DeKalb County Board of Education from ( ) NO such Districts for terms of four years be approved?" All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by DeKalb County. It shall be the duty of the Board of Elections to hold and conduct such election. It shall be the duty of said Board of Elections to canvass the returns and declare and certify the result of the election. It shall be the further duty of said Board of Elections to certify the result thereof to the Secretary of State. Section 6. The provisions of this Act shall become effective for the purpose of hold ing the referendum election upon its approval by the Governor or upon its becoming law without his approval. If this Act is approved at the referendum election provided for by Section 5 of this Act, the remaining provisions of this Act shall become effective January 1, 1979. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SR 311. By: Senators Stephens of the 36th, Evans of the 37th, Hudson of the 35th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act; to pro vide for the submission of this amendment for ratification or rejection; and for other pur poses. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, each resi dent of Fulton County who is 65 years of age or over, or who is disabled is hereby granted an exemption from all Fulton County and Fulton County school ad valorem taxes, including ad valorem taxes to pay interest on and retire bonded indebtedness, in the amount of $10,000.00 on a homestead owned and occupied by him as a residence 2786 JOURNAL OF THE HOUSE, if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Secur ity Act. For the purposes of this paragraph, the term 'adjusted gross income' shall have the same meaning as that term is defined in the Internal Revenue Code of 1954, as now or hereafter amended, except that adjusted gross income shall not include income or benefits which are received as retirement, survivor or disability benefits under the Fed eral Social Security Act, or under any other public or private retirement, disability or pension system, except such income or benefits which are in excess of the maximum amount authorized to be received by an individual and his spouse under the Federal Social Security Act. The value of the residence in excess of the above exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the Tax Commissioner of Fulton County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make applica tion and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. It is specifically provided that the homestead exemption provided for herein shall not apply to the one-quarter mill ad valorem tax levied by the State, but in all other respects such homestead exemption shall supersede and replace a homestead exemption for residents of Fulton County who are 65 years of age or over or disabled when such homestead exemption has been provided by previously existing provisions of this Constitution relating specifically to residents of Fulton County. The homestead exemption provided for herein shall apply to all taxable years beginning after December 31, 1978." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide a homestead exemp tion of $10,000.00 from all Fulton County and Fulton County School District ad valorem taxes for each resident of Fulton County who is 65 years of age or over or disabled if his adjusted gross income, together with the adjusted gross income of his spouse who also occupies and resides at such homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act?" TUESDAY, MARCH 7, 1978 2787 All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Biahop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burrusa, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Games, C. Carrel], B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y ColweU, C.H. Connell, J. Y Cooper, B. Y Cor, W.E. Y Croaby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. DaTM, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. YIrvin,J. Ylrvin, R. Y Isakaon, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y MulUnax, E.G. Y Murray, B. Y Nesamith, P.E. Y Nichola, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SR 359. By: Senators Stumbaugh of the 55th, Scott of the 43rd, Tysinger of the 41st and Bell of the 5th: A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemp tion for residents of the City of Lithonia in an amount of $2,000.00 from all City of Lithonia ad valorem taxes; to provide that residents of the City of Lithonia who are 65 years of age or over or who are totally disabled and who have an income from all sources, including the income from certain members of the family, not exceeding $4,000.00 per annum shall be granted an additional homestead exemption of $2,000.00 from ad valorem taxation by said city; to provide procedures in connection with obtaining such exemptions; 2788 JOURNAL OF THE HOUSE, to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: "Any other provisions of this Constitution to the contrary notwithstanding, the home stead of each resident of the City of Lithonia actually occupied by the owner as a resi dence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of $2,000.00 of its value. In addition to the $2,000.00 homestead exemption provided for above, each resident of the City of Lithonia who is 65 years of age or older or who is totally disabled is hereby granted an exemption from all ad valorem taxes in the amount of $2,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the pur poses of this paragraph. The homestead exemptions provided for herein shall continue for so long as any such resident of the City of Lithonia actually occupies said homestead as his residence. Provided, however, no homestead exemption from ad valorem taxation by the City of Lithonia shall exceed the sum of $4,000.00. The value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by the City of Lithonia. No resident shall receive the benefits of such home stead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that his property is his homestead and residence and containing such addi tional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall pro vide the necessary forms for such purpose. No resident who is entitled to the additional exemption as provided for above shall be qualified to receive the benefits of such home stead exemption unless he files an affidavit with the governing authority of the City of Lithonia, or with the person designated by the governing authority of the City of Lithonia, giving his age and the amount of income which he receives and such additional information as may be required to enable the governing authority of the City of Lithonia, or the person designated by the governing authority of the City of Lithonia, to make a determination as to whether such owner is entitled to such exemption. In addition, in order to qualify for the exemption for a disabled person provided for herein, the person claiming such exemption shall be required to obtain a certificate from not less than one nor more than three physicians licensed to practice medicine under Code Chapter 84-9 of the Code of Georgia, relative to medical practitioners, as now or here after amended, certifying that such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapability is likely to be permanent. Such applications shall be processed in the same manner as other applications for homestead exemption and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The TUESDAY, MARCH 7, 1978 2789 General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES ( ) NO Shall the Constitution be amended so as to provide for a homestead exemption for resident homeowners of the City of Lithonia in an amount of $2,000.00 and to provide an additional homestead exemption in the amount of $2,000.00 for persons who are 65 years of age or older or who are totally disabled and who have a net income not exceeding $4,000.00 for the immediately preceding taxable year?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Cames, C. Carrell. B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Croshy, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y MostUer, J.L. Y MuUinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y ROBS, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. On the adoption of the Resolution, the ayes were 147, nays 0. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Srnyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs,R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker 2790 JOURNAL OF THE HOUSE, The Resolution, having received the requisite two-thirds constitutional majority, was adopted. SR 372. By: Senator Bell of the 5th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the nonpartisan election of certain members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section V, Paragraph II, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows: "Notwithstanding any other provisions of this Constitution to the contrary, the Gen eral Assembly is hereby authorized to provide by local law for the nonpartisan election of those members of the DeKalb County Board of Education, which members are not elected from at-large districts or posts. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof as to the political subdivision affected, notwithstanding the provisions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize the General Assem bly to provide by local law for the nonpartisan election of certain mem- ( ) NO bers of the DeKalb County Board of Education?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos"".. All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the recall and removal of members of the DeKalb County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section V, Paragraph II, Subparagraph (b) is hereby amended by adding at the end thereof a new paragraph, to read as follows: "Notwithstanding any other provisions of this Constitution to the contrary, the Gen eral Assembly is hereby authorized to provide by local law for the recall and removal of members of the DeKalb County Board of Education. The authority provided by this paragraph may be exercised by the General Assembly notwithstanding any general law TUESDAY, MARCH 7, 1978 2791 heretofore or hereafter enacted dealing with the subject matter of this paragraph, and any local law adopted pursuant to the authority of this paragraph shall control the sub ject matter thereof as to the political subdivision affected, notwithstanding the provi sions of any conflicting general law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution be amended so as to authorize" the General Assem bly to provide by local law for the recall and removal of members of the ( ) NO DeKalb County Board of Education?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No". If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumisi, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Caroet, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Clark, Betty Y Clark, L. Y Clifton, A.D. Y Coleman, T. Y Colling, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y GignUliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. YKarrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichola, M. Y Nit, X. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y PUewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Wiffiamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the adoption of the Resolution, by substitute, the ayes were 147, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute. 2792 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following Bills of the House: HB 1610. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to amend Section 2 of an Act known as "The Municipal Home Rule Act of 1965" so as to prohibit the General Assembly from enacting a local act to annex an area larger than forty acres or having more than 50 residents according to the latest United States Census; and for other purposes. HB 1880. By: Representatives Smith of the 42nd, and Horton and Carnes of the 43rd: A BILL to amend an Act establishing a Charter for the City of Fairburn so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn; and for other purposes. HB 2043. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act placing the Sheriff of Glynn County upon an annual salary so as to authorize the employment and compensation of certain additional per sonnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff; and for other purposes. HB 2048. By: Representative Culpepper of the 98th: A BILL to amend an Act creating and establishing a new charter for the City of Byron so as to repeal the provi sions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge; and for other purposes. HB 2049. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board; and for other purposes. HB 2050. By: Representatives Colwell and Twiggs of the 4th: A BILL to amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer so as to change the provisions relative to the compensation of the deputy clerk; and for other pur poses. HB 2051. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the corporate powers; to provide for issuance of bonds; to provide for a refer endum; and for other purposes. HB 2052. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to redefine the corporate limits; and for other purposes. HB 2053. By: Representative Chance of the 129th: A BILL to amend an Act creating a charter for the City of Bloomingdale in the County of Chatham so as to change the jurisdiction of the City Police Court; and for other purposes. TUESDAY, MARCH 7, 1978 2793 HB 2054. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to amenc1 an Act entitled "An Act to amend the charter of the City of Gainesville, tc change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enact ment, to provide for a Commission Manager form of government for said City," and for other purposes. HB 2055. By: Representatives Wood, Jackson, and Whitmire of the 9th: A BILL to create the Gainesville Redevelopment Authority; and for other purposes. HB 2059. By: Representatives Rowland of the 119th, and Coleman of the 118th: A BILI to amend an Act placing the Probate Court Judge of Laurens County on ai annual salary in lieu of fees so as to change the compensation of the probat< court judge; and for other purposes. HB 2062. By: Representatives Greene and Stone of the 138th: A BILL to amend an Ad placing certain of the county officers of Appling County upon an annual salary so as to change the compensation of the Sheriff of Appling County; and for other purposes. HB 2063. By: Representatives Stone and Greene of the 138th: A BILL to provide that th{ Board of Commissioners of Appling County shall forego the collection anc remittance of the commission on the collection of school taxes in Applinj County; and for other purposes. HB 2064. By: Representatives Greene and Stone of the 138th: A BILL to amend an Ac. placing the Judge of the Probate Court of Appling County on a salary so as t< change the compensation of the judge; and for other purposes. HB 1975. By: Representatives Logan of the 62nd, Argo of the 63rd, and Russell of the 64th: A BILL to amend an Act providing for the merger of the independen 1 school system of the Mayor and Council of the City of Athens and the schoo district of Clarke County so as to provide that taxes levied thereunder for sup port and maintenance of the school system shall not be levied or used for tht purpose of acquiring real estate or purchasing or constructing buildings or tc accumulate funds for future use; and for other purposes. HB 1143. By: Representative Dixon of the 151st: A BILL to amend an Act creating a Board of Commissioners of Ware County, as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase the salary of the chairman of the board after a cer tain date; and for other purposes. HB 1701. By: Representatives Buck of the 95th, Cason of the 96th, Bishop of the 94th, Thompson of the 93rd, Phillips of the 91st, Galer of the 97th, and Smyre of the 92nd: A BILL to amend an Act establishing the State Court of Muscogee County so as to change the compensation of the Solicitor and the Assistant Solicitor of the State Court of Muscogee County; and for other purposes. HB 1766. By: Representatives Burruss and Housley of the 21st, Cooper, Kaley, and Wilson of the 19th, and Murphy of the 18th: A BILL to amend an Act creating a Bpard of Commissioners for Paulding County so as to change the provisions relating to the recall of the chairman or commissioners; and for other purposes. 2794 JOURNAL OF THE HOUSE, HB 1872. By: Representative Kemp of the 139th: A BILL to amend an Act supplementing the fees of the Judge of the Probate Court of Liberty County so as to change the compensation of the clerk of the judge of the probate court; and for other purposes. HB 1897. By: Representatives Kemp of the 139th, and Rush of the 121st: A BILL to amend an Act establishing the Board of Commissioners of Long County so as to authorize the board of commissioners to fix the compensation of the clerk of the board within a certain salary range; and for other purposes. HB 1899. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Judge of the Probate Court of Long County on an annual salary so as to authorize the board of commissioners to fix the salary of the clerk of the judge of the probate court within a certain salary range; and for other purposes. HB 1900. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation so as to authorize the board of commissioners to fix the compensation of deputy sheriffs within a certain salary range; to change the number of deputy sheriffs; and for other purposes. HB 1901. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act placing the Clerk of the Superior Court of Long County on an annual salary so as to authorize the board of commissioners to fix the salary of the deputy clerk of the superior court within a certain salary range; and for other purposes. HB 1902. By: Representatives Rush of the 121st, and Kemp of the 139th: A BILL to amend an Act creating the State Court of Long County so as to authorize the board of commissioners to fix the compensation of the solicitor of said court within a certain salary range; and for other purposes. HB 1908. By: Representative Connell of the 87th: A BILL to amend an Act establishing a charter for the City of Augusta and incorporating the City Council of Augusta so as to provide that the rules for qualification, promotional policy and selec tion policy of the fire department shall be controlled by rules established by the City Council of the City of Augusta; and for other purposes. HB 1909. By: Representative Connell of the 87th: A BILL to amend an Act creating the Augusta-Savannah River Parking and Urban Redevelopment Authority so as to change the name of said Authority; to provide that work and projects done out side of the city limits of the City of Augusta by or through the Authority shall first be approved by the City Council of Augusta; and for other purposes. HB 1922. By: Representatives Taggart of the 125th, Battle of the 124th, Triplett of the 128th and Hill of the 127th: A BILL to provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases; and for other purposes. HB 1951. By: Representatives Benefield, Johnson, Wood and Lee of the 72nd, and Mostiler of the 71st: A BILL to amend an Act abolishing the fee system of com pensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof so as to change the compensation of the clerk of superior court; and for other purposes. TUESDAY, MARCH 7, 1978 2795 HB 1969. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee sys tem of compensation so as to authorize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his deputies; and for other purposes. HB 1970. By: Representatives Wheeler and Foster of the 152nd: A BILL to amend an Act creating the Small Claims Court in Bacon County so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdic tion; and for other purposes. HB 1995. By: Representatives Jones of the 78th, and Adams of the 79th: A BILL to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County so as to change the compensation of the chair man and members of the board; and for other purposes. HB 1996. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to re-create and establish a Board of Commissioners of Barrow County so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the chairman of the Board of Commissioners; and for other purposes. HB 1997. By: Representatives Russell of the 64th, and McDonald of the 12th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County so as to change the compensation of the tax commissioner; and for other purposes. HB 2000. By: Representative Culpepper of the 98th: A BILL to amend an Act creating a Small Claims Court for Crawford County so as to change the provisions relat ing to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating to fees; and for other purposes. HB 2014. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act abolishing the fee system mode of compensating the Clerk of the Superior Court and the Judge of the Probate Court of Glynn County and plac ing said officers on an annual salary so as to change the provisions relating to the compensation of the deputies of the judge of the probate court; and for other purposes. HB 2015. By: Representatives Tuten of the 153rd, and Auten of the 154th: A BILL to amend an Act creating the State Court of Glynn County so as to change the provisions relating to the compensation of the clerk and deputy clerks; to change the number of deputy clerks authorized; and for other purposes. HB 2021. By: Representative Adams of the 79th: A BILL to amend an Act providing for the compensation of the Sheriff of Upson County and providing for said salary to be in lieu of the fee system of compensation so as to change the compensa tion provisions relating to the sheriff; and for other purposes. HB 2028. By: Representative Ross of the 76th: A BILL to amend an Act creating a new charter for the City of Lincolnton so as to change the provisions relating to temporary loans; and for other purposes. 2796 JOURNAL OF THE HOUSE, HB 2029. By: Representative Ross of the 76th: A BILL to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County so as to change the compensation of the chairman and members of the board of commissioners; and for other purposes. HB 2031. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Judge of the Probate Court of Lincoln county, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; and for other purposes. HB 2032. By: Representative Ross of the 76th: A BILL to abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements; and for other purposes. HB 2033. By: Representative Ross of the 76th: A BILL to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; and for other purposes. HB 2034. By: Representative Ross of the 76th: A BILL to amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary so as to change the compensation of the said sheriff; and for other purposes. HB 2035. By: Representative Ross of the 76th: A BILL to amend an Act providing com pensation for the Treasurer of Lincoln County so as to change the compensa tion of said treasurer; and for other purposes. HB 2036. By: Representative Jones of the 78th: A BILL to amend an Act to provide mini mum salaries for probate judges of the various counties within the State of Georgia so as to change the minimum salary of the probate judge in all counties having a certain population; and for other purposes. HB 2040. By: Representative Murphy of the 18th: A BILL to amend an Act providing an annual salary for the Treasurer of Haralson County so as to change the com pensation of the Treasurer of Haralson County; and for other purposes. HB 2041. By: Representatives Mann, Milford and Clark of the 13th: A BILL to create and establish a Small Claims Court in and for Franklin County; and for other pur poses. HB 1055. By: Representative Connell of the 87th: A BILL to amend an Act known as the "Augusta-Richmond County Coliseum Authority Act", as amended, so as to provide that the Authority shall be exempt from sales and use taxes on prop erty purchased directly by the Authority; and for other purposes. HB 1601. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL TUESDAY, MARCH 7, 1978 2797 to amend Georgia Code Title 34A, the Georgia Municipal Election Code, relat ing to the authority of any municipality lying wholly or partially within certain counties to authorize the county to conduct any election; and for other pur poses. HB 1602. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb so as to change the qualification provisions relative to Council Members, President of the Council, and Mayor holding or seeking any other elective office or holding a position of full-time employment; and for other pur poses. HB 1282. By: Representative Dixon of the 151st: A BILL to amend Code Chapter 88-3, relating to enforcement of the Georgia Health Code and administrative proce dure, as amended, so as to require the giving of certain notices in cases in which an application for an individual sewage disposal system permit is denied; to provide for use of certain findings in the determination of fair market value for ad valorem tax purposes; to provide for practices and procedures; to provide for definitions; and for other purposes. HB 1327. By: Representatives Pinkston of the 100th, Home of the 104th, Carnes of the 43rd, Davis of the 99th, Randall of the 101st, and Birdsong of the 103rd: A BILL to amend Code Title 105, relative to torts, so as to change the definition of the term "homicide"; to change the provisions relating to the privity neces sary to support an action; to provide that manufacturers of certain personal property shall be liable in tort, irrespective of privity, in certain cases in which death or injury occurs; to provide for the applicability of this Act; and for other purposes. HB 1329. By: Representative Buck of the 95th: A BILL to amend an Act establishing the Employees' Retirement System of Georgia so as to change the provisions relat ing to the service necessary for retirement by certain members; and for other purposes. HB 1533. By: Representative Hatcher of the 131st: A BILL to amend Code Section 92-3216, relating to secrecy required of State income tax officials, so as to pro vide for the secrecy of federal income tax returns and return information; to provide for the secrecy of certain income tax returns and return information; to specify when certain returns and information may be furnished; to provide an effective date; and for other purposes. HB 1581. By: Representatives Bolster of the 30th, Johnson of the 72nd, Adams of the 36th, Savage of the 25th, Connell of the 87th, Scott of the 123rd, and Hamilton of the 31st: A BILL to amend an Act providing that all meetings of any State department, agency, board, bureau, commission, or political subdivision and the governing authority of any department, agency, board, bureau, commission or political subdivision of any county, municipal corporation, board of education, or other political subdivision at which official actions are to be taken are public meetings and shall be open to the public at all times; and for other purposes. HB 1575. By: Representatives Jones of the 78th, and Tucker of the 73rd: A BILL to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the composition of certain Representative Dis tricts; and for other purposes. 2798 JOURNAL OF THE HOUSE, HB 1268. By: Representative Lane of the 40th: A BILL to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of under ground gas pipes and other facilities so as to delete therefrom the provisions excepting governmental entities from the requirements of said Act; to provide an effective date; and for other purposes. HB 1441. By: Representatives Bray of the 70th, Hawkins of the 50th, Cooper of the 19th, and Steinberg of the 46th: A BILL to amend Code Section 24-1705, relating to the qualifications and approval of bonds of judges of the probate court, so as to change the office to which bonds are returned; to provide for an effective date; and for other purposes. HB 731. By: Representatives Kaley of the 19th, Walker of the 115th, and Nix of the 20th: A BILL to provide for the protection of survey monuments; to provide for defi nitions; to prohibit the removal, destruction, injury or displacement of monu ments; to provide for practices and procedures; to provide for penalties; to provide for other matters relative to the foregoing; and for other purposes. HB 1012. By: Representatives Russell of the 64th, Mann of the 13th, Parham of the 109th, and Baugh of the 108th: A BILL to amend Code Chapter 84-10, relating to the practice of nursing, as amended, so as to change the provisions relative to the actions which the Georgia Board of Nursing can take to discipline a licensee; to require a hearing before any such actions can be taken by the Georgia Board of Nursing; and for other purposes. HB 1048. By: Representatives Coleman of the 118th, and Veazey of the 146th: A BILL to amend an Act establishing the qualifications for agents of the Ga. Bureau of Investigation, as amended, so as to change the term "special contract investiga tors" to "narcotics agents"; to provide an effective date; and for other purposes. HB 1826. By: Representatives Coleman of the 118th, Foster of the 152nd, Parham of the 109th, Baugh of the 108th, Jessup of the 117th, Hanner of the 130th, McDonald of the 12th, and others: A BILL to amend an Act pertaining to the registration and licensing of motor vehicles in counties throughout the State so as to pro vide for special and distinctive automobile license plates for the elected sheriffs of the counties of this State; to provide a fee; and for other purposes. HB 1937. By: Representative Adams of the 36th: A BILL to amend an Act to establish a Department of Community Affairs and provide its powers, duties and func tions so as to transfer to said Department of Community Affairs the responsi bility directly or in cooperation with other agencies to provide, coordinate or secure services to local governments relating to local financing, public facilities, law enforcement, personnel recruiting, public administration and related activi ties; and for other purposes. The Senate has agreed to the House amendments to the Senate substitutes to the fol lowing Bills of the House: HB 742. By: Representative Clifton of the 107th: A BILL to provide for the election of members of the Board of Education of Bryan County; to change the size of the board; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; and for other purposes. TUESDAY, MARCH 7, 1978 2799 HB 1980. By: Representative Vaughn of the 57th: A BILL to create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; and for other purposes. HB 1609. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A BILL to provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: HR 591-1718. By: Representatives Harris of the 8th, Collins of the 144th, Lee of the 72nd, Ware of the 68th, and Jones of the 126th: A RESOLUTION creating the State Authorities Study Committee; and for other purposes. HR 479-1349. By: Representatives Murphy of the 18th, Connell of the 87th, and Snow of the 1st: A RESOLUTION proposing an amendment to the Constitution so as to provide for the effective date of amendments to the Constitution; and for other purposes. HR 647-1806. By: Representatives Peters of the 2nd, and Ramsey of the 3rd: A RESOLU TION authorizing the conveyance of certain State-owned property to the City of Ringgold, Georgia; and for other purposes. HR 663-1850. By: Representatives Tuten of the 153rd, and Auten of the 154th: A RESO LUTION authorizing the conveyance of certain State-owned real property locat ed in Glynn County, Georgia, to the City of Brunswick and the acceptance of certain real property owned by the City of Brunswick located in Glynn County, Georgia, in consideration therefor; and for other purposes. HR 713-1916. By: Representatives Foster of the 6th, and Colwell of the 4th: A RESOLU TION authorizing the conveyance of certain State-owned real property located in Walker County, Ga., to ROL, Inc., and the acceptance of certain property owned by ROL, Inc., located in Walker County, Ga.; and for other purposes. HR 739-2007. By: Representatives Reaves of the 147th, and Pinkston of the 100th: A RESOLUTION authorizing the Georgia Forestry Commission to execute a longterm lease with the United States of America, by the Southeastern Area, State and Private Forestry, Forest Service, Department of Agriculture, for a certain tract of land located in Bibb County, together with the improvements located and to be located thereon; and for other purposes. HR 490-1423. By: Representative Battle of the 124th: A RESOLUTION continuing the State Board of Geologists Examiners; and for other purposes. The Senate insists on its substitute to the following Bills of the House: HB 1427. By: Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th: A BILL to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, 2800 JOURNAL OF THE HOUSE, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; and for other purposes. HB 1417. By: Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, Culpepper of the 98th, Felton of the 22nd, Dover of the llth, Watson of the 114th, and others: A BILL to amend Code Sections 34-605 and 34A-503, relating to qualifications of registrars and deputy registrars, so as to clarify a certain ineligibility; and for other purposes. The Senate recedes from its disagreement to the House amendment to the following Bill of the House: HB 2065. By: Representatives Greene and Stone of the 138th: A BILL to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County so as to change the compensation of the tax commissioner; and for other purposes. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 428. By: Senators Kidd of the 25th and Broun of the 46th: A BILL to amend Code Chapter 34-11, relating to ballots in elections, so as to provide for the election of unopposed candidates in special elections; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Kidd of the 25th, Robinson of the 27th, and Russell of the 10th. The Senate agrees to the House amendments to the following Bills and Resolution of the Senate: SB 449. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill; to provide for definitions; to pro vide for the rights of patients; and for other purposes. SB 450. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-25, relating to habilitation procedures for the mentally retarded; to provide for a declaration of policy; to provide for definitions; and for other purposes. SB 374. By Senator Howard of the 42nd: A BILL to amend Code Section 38-1205, relating to privileged matters about which a party is not required to testify, so as to remove certain matters relating to post-judgment discovery from such privilege; and for other purposes. SB 414. By: Senator Reynolds of the 48th: A BILL to amend an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968, so as to change certain provisions relating to inadmissibility into evidence of evidence obtained by law enforcement officers using speed detection devices; and for other purposes. TUESDAY, MARCH 7, 1978 2801 SB 604. By: Senators Robinson of the 27th, Russell of the 10th, Evans of the 37th and others: A BILL to authorize and direct the State Revenue Commissioner to issue special motor vehicle license tags to certain members of the Reserve Com ponents of the United States; to provide the procedures connected therewith; to provide an effective date; and for other purposes. SR 353. By: Senators Gillis of the 20th, Kennedy of the 4th, Walker of the 19th and others: A RESOLUTION authorizing and directing the State Department of Natural Resources to designate the golf course in the Ocmulgee State Park as the "Wallace Adams Golf Course"; and for other purposes. SB 451. By: Senators Lester of the 23rd, Shapard of the 28th and Duncan of the 30th: A BILL to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964, so as to provide a new Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics, drug dependent individuals, and drug abusers; to provide for definitions; to provide for the rights of patients; and for other purposes. The Senate has agreed to the House substitutes to the following Bills of the Senate: SB 43. By: Senators Coverdell of the 40th, Howard of the 42nd and Riley of the 1st: A BILL to create and establish the Department of Actuarial Services; to establish the office of State Actuary; to determine the qualifications, manner of election, term of office, and method of filling vacancies in the office of State Actuary; and for other purposes. SB 399. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to enact the Criminal Justice Planning and Coordination Act of 1978; to provide for a short title; to create the State Crime Commission; to provide for the repeal of the Act and termination of Federal funds; to provide that members shall be appointed by and serve at the pleasure of the Governor; to provide for a director and other staff personnel; and for other purposes. SB 478. By: Senator Lester of the 23rd: A BILL to amend an Act adding a new Code Chapter 24A-41, relating to hospitalization of mentally ill and mentally retarded children approved March 23, 1977, so as to change the expiration date thereof; to provide for an effective date; and for other purposes. The Senate has adopted the Conference Committee Report on the following Bills of the House: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. HB 1543. By: Representatives Rainey of the 135th, and Peters of the 2nd: A BILL to amend an Act enacting the Game and Fish Code so as to provide for changes in certain definitions; to provide authority for rules and regulations relating to times, places, numbers, species and sizes; and for other purposes. The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House: 2802 JOURNAL OF THE HOUSE, HR 528-1520. By: Representative Jones of the 78th: A RESOLUTION proposing an amendment to the Constitution so as to exempt certain homestead property in Butts County from ad valorem taxes levied for school purposes; and for other purposes. HR 550-1580. By: Representative Jones of the 78th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the governing authority of Pike County to require that returns for ad valorem taxation in the county be made to the county board of tax assessors; and for other purposes. HR 587-1710. By: Representative Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the residents of the City of Roswell who are 65 years of age or over shall be granted a homestead exemp tion of $2,000.00 from ad valorem taxation by said city; and for other purposes. HR 567-1602. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the preparation and annual updating, by the Fulton County governing authority, of a Countywide framework plan for all incorporated and unincor porated Fulton County; and for other purposes. HR 568-1603. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for a seven-member Fulton County Planning Commission; to provide for their appointment by the Fulton County Board of Commissioners; and for other pur poses. HR 569-1605. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within unincorporated Fulton County or within any municipality located wholly or partially within Fulton County; and for other purposes. HR 570-1606. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to create a unified Atlanta-Fulton County Water and Sewer System; to provide for the City of Atlanta to own, finance, operate and manage the Atlanta-Fulton County Water and Sewer System on a unified basis throughout Fulton County and in such other areas as may be desirable; and for other purposes. HR 572-1608. By: Representatives Marcus of the 26th, Adams of the 36th, Hamilton of the 31st, Holmes of the 39th, Horton of the 43rd, and Irvin of the 23rd: A RESOLUTION proposing an amendment to the Constitution so as to establish a method for providing prompt traffic engineering services, to be performed by the City of Atlanta at cost, in Fulton County and municipalities located wholly or in part within Fulton County; and for other purposes. HR 574-1662. By: Representatives Adams of the 36th, and Carnes of the 43rd: A RESO LUTION proposing an amendment to the Constitution so as to provide that in TUESDAY, MARCH 7, 1978 2803 Fulton County branch offices may be established by the governing authority of the county for the conduct of county business; and for other purposes. The Senate insists on its amendment to the following Bill of the House: HB 1320. By: Representative Burruss of the 21st: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; and for other purposes. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1312. By: Representatives Swann of the 90th, Truluck of the 86th, Burton of the 47th, Nichols of the 27th, Auten of the 154th, Owens of the 77th, Nix of the 20th, and Looper of the 8th: A BILL to amend Code Chapter 54-99, relating to crimes respecting industrial relations so as to provide that it is unlawful for any person tr ->ut a minor to indecent, obscene, or immoral exhibitions; to provide a penalty; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Reynolds of the 48th, Pearce of the 16th, Ballard of the 45th. The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Representative Johnston of the 56th moved that the House insist on its position in disagreeing to the Senate substitute to HR 436-1274 and that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Johnston of the 56th, Robinson of the 58th, and Lenderman of the 53rd. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: 2804 JOURNAL OF THE HOUSE, HB 1427. By: Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th: A BILL to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; and for other purposes. Representative Hawkins of the 50th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1427 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Hawkins of the 50th, Walker of the 115th, and Evans of the 84th. The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HB 1286. By: Representative Johnson of the 74th: A BILL to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act" so as to change certain provisions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1286 Mr. Speaker: Mr. President: Your Conference Committee on House Bill 1286 has met and recommends the follow ing: 1. That the Senate and House both recede from their respective positions. 2. That the attached Conference Committee Substitute to House Bill 1286 be adopted. Respectively submitted, FOR THE SENATE: FOR THE HOUSE: /s/Honorable Peter L. Banks Senator, 17th /s/Honorable Phil Johnson Representative, District 74th District /s/Honorable Jimmy Lester Senator, 23rd District /s/Honorable Charles Hatcher Representative, 131st District /s/Honorable John R. Riley Senator, 1st District /s/Honorable Nathan G. Knight Representative, 67th District A BILL To amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly TUESDAY, MARCH 7, 1978 2805 by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), so as to change certain provi sions relative to refund of tax paid with respect to solar energy machines or equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), is hereby amended by redesignating subparagraph (z) of paragraph (2) of subsection (c) of Section 3 thereof, as added by an Act approved March 24, 1976 (Ga. Laws 1976, p. 672), as subparagraph (aa), and by striking from the second sentence of the second unnumbered paragraph thereof the following: "To obtain the benefits hereof, the purchaser", and substituting in lieu thereof the following: "To obtain the benefits hereof, the owner of the property to which the machines or equipment will be attached", and by inserting after the words "authorized to refund", the words, "to that property owner", so that when so amended said subparagraph of paragraph 2 of subsection (c) of Section 3 shall read as follows: "{g}(aa) Purchases of machines or equipment that will be attached to or become a part of agricultural, including animal and poultry husbandry operations, industrial, commercial or residential property and will be used directly in the conversion of solar energy for heating, or cooling, or drying, or water heating. For the purposes of this subparagraph, machines and equipment shall include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating, or cooling, or drying, or water heating, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating, or cooling, or drying, or water heating. Notwithstanding the provisions of this subparagraph, any person making a sale for any of the purposes specified herein shall collect the tax imposed thereon by this Act and remit the same to the Commissioner. To obtain the benefits hereof, the purchaser owner of the property to which the machines or equipment will be attached shall file a claim for refund with the Commissioner in the manner authorized by the general law, and, if the Commissioner determines that the requirements of this subparagraph have been met, he is hereby authorized to refund to that property owner, without interest thereon, such portion of the tax paid by the purchaser as the Commissioner finds to be due under the provisions of this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as compensation for accounting for and remitting the tax. The State Revenue Commissioner may adopt rules providing procedures for applying for the refund authorized by this subsection and for certifying whether a particular purchase of such machines or equipment is entitled to the refund. This subparagraph shall be repealed and shall be null and void effective July 1, 1986." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Johnson of the 74th moved that the report of the Committee of Con ference on HB 1286 be adopted. On the motion, the ayes were 98, nays 0. The motion prevailed. 2806 JOURNAL OF THE HOUSE, Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 563. By: Senators Broun of the 46th, Holloway of the 12th, Doss of the 52nd and others: A BILL to amend an Act known as the "Stone Mountain Memorial Association Act," approved February 21, 1958, so as to change the composition of the Board; to provide terms; to provide for the filling of vacancies; to provide for the selection of a chairman; to provide for all matters relative to the forego ing; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1711. By: Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th, Carnes and Horton of the 43rd, Snow and Hays of the 1st, Sizemore of the 136th, Hill of the 127th, and others: A BILL to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; and for other purposes. Representative Daugherty of the 33rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1711 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Thompson of the 93rd, Daugherty of the 33rd, and Lambert of the 112th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 564. By: Senators Broun of the 46th, Holloway of the 12th, Doss of the 52nd and others: A BILL to amend an Act known as the "Jekyll Island-State Park Authority Act", approved February 13, 1950, so as to change the composition of the Authority; to provide for initial and regular terms of office of certain members of the Authority; to provide for a delineation of authority; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 0. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 7, 1978 2807 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 732. By: Representatives Kaley of the 19th, Walker of the 115th, and Nix of the 20th: A BILL to regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and con dominiums; to prescribe conditions under which such maps of plats shall be entitled to record; and for other purposes. The following Senate substitute was read: A BILL To regulate the preparation, contents, and recording of maps and plats of surveys of tracts or bodies of land, including subdivisions, site plans and condominiums; to prescribe conditions under which such maps or plats shall be entitled to record; to define the duties of the clerks of the superior courts with reference thereto; to provide for enforcement; to provide for the publication of a manual of practice for land surveying and mapping; to repeal a specific Act; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The clerk of the superior court shall file and record, in the office of said clerk, maps or plats relating to real estate in said county. Such maps or plats shall be pre pared in accordance with the following minimum standards and specifications; however, the language contained herein does not in any way modify or change any specific provi sions in county, municipal or other State statutes and regulations which require higher minimum standards and specifications, in which case said specific provisions shall govern. (a) MATERIAL--Any such maps or plats shall be a good legible print, blue, white or other commercial print reproduced from a tracing made in India ink on a commercial grade of tracing cloth, tracing film, or tracing paper. The minimum line widths and letter and/or character heights delineated on such maps or plats shall be as follows: (1) Maps or plats drawn on 8 '/> inch by 11 inch or 8 V4 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter and/or charac ter height of 0.080 inches. (2) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter and/or character height of 0.090 inches. (3) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter and/or character height of 0.090 inches. In counties using microfilming procedures when a map or plat is filed for record the orig inal tracing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible print, which shall not be larger than 17 inches by 22 inches, shall be filed for record. The clerk shall enter filing date, plat book number, and page number on said original tracing and return said tracing to the Land Surveyor or the person filing same for record. (b) CAPTION--The maps or plats shall have a title or name which shall be con tained in the caption, and said caption shall also provide the following information: (1) County, city, town or village, land district and land lot. If the property lies within a particular subdivision, the subdivision shall also be given; (2) The date of plat preparation; (3) The scale, stated and shown graphically; (4) The name of the land surveyor and his registration number or the statement that he is the county surveyor and is not required by law to be a registered surveyor. (c) SIZE--Said maps or plats shall not be less than 8 1A inches by 11 inches and not larger than can be recorded without folding. 2808 JOURNAL OF THE HOUSE, (d) DATA--Said maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information: (1) All maps or plats shall show the direction and distance from a point of refer ence to a point on the boundary of the individual survey, and such additional data as may be required to relocate the said boundary point from said point of reference with the same degree of accuracy required of the parcel surveyed. Said point of refer ence shall be an established, monumented position which can be identified or relo cated from maps, plats or other documents on public record. (2) All maps or plats of boundary surveys or subdivision surveys shall show bear ings of all lines or angles at all corners and angle points of the boundary or lot lines, and distances of all boundary or lot lines and area of the parcels expressed in acres and/or square feet. (3) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur; and a statement as to the method of adjustment: the closure may be stated as follows: "The field data upon which this map or plat is based has a clo sure precision of one foot in __ feet and an angular error of __ per angle point, and was adjusted using __ rule". (4) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: "This map or plat has been calculated for closure and is found to be accurate within one foot in __ feet". (5) All maps or plats shall show the width and the former widths, if pertinent, of all rights-of-ways adjacent to or crossing the property, or adjacent to any point of ref erence. (6) All maps or plats shall show easements and apparent encroachments, if perti nent. (7) In the case of curved lines, pertinent data must be given for regular curves. Chord distances and directions shall be given for irregular curves. (8) All land lot lines, land district lines, land section lines, and city and county boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures. (9) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a per manent material such as iron, steel, concrete or stone. (10) An arrow shall be shown on the map or plat to indicate the principal merid ian, and a notation shall be made as to the reference of bearings to Magnetic North, Astronomic North, or Grid North. A Grid North reference shall indicate the zone. (11) All linear distances shown on maps or plats shall be horizontal. (12) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5000 the angular directions shall be represented in degrees, minutes and seconds. All angular directions shall be referenced to the principal meridian. (13) A statement shall be shown on the map or plat to indicate the type of equip ment used to obtain the linear and angular measurements used in the preparation of said map or plat. (14) All maps or plats shall show the State Plane Coordinates of at least two per manent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. Section 2. The clerk of each superior court shall provide appropriate binders, not less than 18 inches by 24 inches in size, in which said maps or plats, or prints thereof are to be placed, without the necessity of folding in any manner. One of said binders and the prints therein contained shall be open to the general public for inspection, as all other public records in the clerk's office; or, in those counties using microfilm procedures, the clerk thereof shall take such steps as necessary to provide access to the same information TUESDAY, MARCH 7, 1978 2809 as hereinbefore prescribed in this Section. The clerk of the superior court of each county shall also provide himself with an appropriate index book in which he must index all such maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the State which has been surveyed into land lots and districts. In counties of this State that are divided into land lots the clerk of court shall maintain a record for each individual land lot by listing all surveys made and where recorded for each lot. The clerk is to note the date and time of filing a plat for record on the face of the plat. Section 3. An Act regulating the preparation, contents and recording of maps or plats of survey of tracts or bodies of land, approved March 24, 1933 (Ga. Laws 1933, p. 193), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 3196), an Act approved March 6, 1961 (Ga. Laws 1961, p. 105), an Act approved March 6, 1962 (Ga. Laws 1962, p. 632), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3385), is hereby repealed in its entirety. Section 4. Failure to meet the requirements of this Act or the recording of an improper plat by the clerk shall not, in and of itself, affect or invalidate any legal descrip tion or legal instrument based on such plat. Section 5. Nothing in this Act shall be deemed to invalidate any map or plat made prior to the ratification of this Act nor shall anything in this Act be deemed to require the clerk of the court to prepare or maintain a record of each individual land lot for any plat of survey recorded in the clerk's office prior to the effective date of this Act. Section 6. If any Section, subsection, sentence, clause, phrase or provision of this Act is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portion of this Act shall not be affected thereby, it being the intent of the General Assem bly in adopting this Act that no portion hereof or provision contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any other Section, subsection, sentence, clause, phrase or provision of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Kaley of the 19th moved that the House agree to the Senate substitute to HB 732. On the motion, the ayes were 101, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time: SR 263. By: Senators Hill of the 29th, Carter of the 14th, Kennedy of the 4th, and others: A RESOLUTION designating a portion of the highway system in this State as the "Presidential Route"; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Designating a portion of the highway system in this State as the "Presidential Route"; and for other purposes. WHEREAS, Honorable Franklin Delano Roosevelt, the 32nd President of the United States, had a home near Warm Springs, Georgia, which is now a museum; and 2810 JOURNAL OF THE HOUSE, WHEREAS, such home known as "The Little White House" has become a National Shrine; and WHEREAS, Franklin D. Roosevelt State Park was named after President Roosevelt and is the largest State Park in Georgia; and WHEREAS, President Jimmy Carter, the 39th President of the United States, became the first resident of this State to be accorded the honor and privilege of serving as Chief Executive of these United States; and WHEREAS, President Carter was born on October 1, 1924 in Plains, Georgia, lived there until his recent move to the White House and currently maintains a residence there; and WHEREAS, a Tourist Center has also been constructed near Plains, Georgia; and WHEREAS, this State's most illustrious citizens, past and present, could be honored and visitors to this State would be appropriately reminded of this State's most distin guished citizens and their homes by designating a portion of the highway system of the State as the "Presidential Route"; and WHEREAS, that portion of the highway system more particularly described as fol lows: "From the point of intersection of Interstate Highway 75 and U. S. Highway 280 in Cordele, Georgia, westerly on U. S. Highway 280 to Americus, Georgia, thence westerly on U. S. Highway 280 by the State's newest Welcome Center to Plains, Georgia, thence westerly on U. S. Highway 280 to the intersection of U. S. Highway 280 and State High way 41 in Preston, Georgia; at this intersection the "Presidential Route' diverges into two routes, one shall be designated the "Eastern Presidential Route" and one, "Western Presidential Route the "Eastern Presidential Route" shall proceed northerly from the intersection of U. S. Highway 280 and State Highway 41 along State Highway 41 to the intersection of State Highway 41 and U. S. Highway 27 Alternate at Manchester, Georgia, the "Western Presidential Route" shall proceed from the intersection of S4 te Highway 41 and U. S. Highway 280, westerly along U. S. Highway 280 to the inteisection of U. S. Highway 280 and State Highway 27 in Richland, Georgia, thence westerly along State Highway 27 to the intersection of State Highway 27 and U. S. Highway 27. at Lumpkin, Georgia; thence northerly along U. S. Highway 27 to the intersection of U. S. Highway 27 and U. S. Highway 27 Alternate at Columbus, Georgia; thence northerly on U. S. Highway 27 Alternate to the aforementioned intersection of U. S. Highway 27 Alternate and State Highway 41 at Manchester, Georgia where the "Eastern Presidential Route" and "Western Presidential Route shall converge. From this intersection the "Presidential Route shall proceed northerly along U. S. Highway 27 Alternate to Warm Springs Georgia, site of the Little White House, home of Franklin Delano Roosevelt, thence northerly along U. S. Highway 27 Alternate to its end at the intersection of U. S. Highway 27 Alternate and Interstate Highway 85 south of Newnan, Georgia"; and WHEREAS, the above described portion of the highway system in this State is in excellent condition and has beautiful surrounding countryside; and WHEREAS, such a designation of this portion of the highway system would more effectively divert traffic from overcrowded Interstate 75. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the above described portions of the highway system of Georgia are hereby designated as the "Presidential Route". BE IT FURTHER RESOLVED that subject to funding the State Department of Transportation is hereby authorized and directed to erect appropriate signs and markers along such portions of the highways making up the "Presidential Route". TUESDAY, MARCH 7, 1978 2811 BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Commissioner of the Department of Transportation. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the ayes were 96, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1820. By: Representatives Harris of the 8th, Collins of the 144th, Wilson of the 19th, Vaughn of the 57th, and Connell of the 87th: A BILL to amend an Act author izing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehicles by officials, officers and employees of the State or any agency thereof so as to change the automobile mileage allowance rate; and for other purposes. The following Senate substitute was read: A BILL To amend an Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehi cles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), so as to change the automobile mileage allowance rate; to change the provisions relating to members of the General Assembly; to provide for other matters rela tive thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act authorizing the Department of Administrative Services to establish and operate motor pools and relating to the use of State and privately owned motor vehi cles by officials, officers and employees of the State or any agency thereof, approved April 6, 1972 (Ga. Laws 1972, p. 1125), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 816), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The officers, officials and employees of the Executive, Legislative and Judicial Branches of State Government shall be paid 15 cents per mile as traveling expense when traveling in the service of the State or any agency thereof by personal motor vehicle, and in addition to mileage shall be reimbursed for actual expenses incur red by reason of tolls and parking fees. Members of the General Assembly shall not receive the 15 cents per mile until members take office on the convening date of the General Assembly in regular session in 1979 and until that time shall receive 10 cents per mile." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Harris of the 8th moved that the House agree to the Senate substitute to HB 1820. On the motion, the ayes were 95, nays 0. 2812 JOURNAL OF THE HOUSE, The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 445. By: Senators Johnson of the 34th, Barnes of the 33rd, and Allgood of the 22nd: A BILL to amend an Act to comprehensively and exhaustively revise, super sede, and modernize appellate and other posttrial procedure in civil and crimi nal cases, approved February 19, 1965, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeas corpus cases; to provide an effective date; and for other purposes. The following amendment was read and adopted: The House Committee on Judiciary moves to amend S. B. No. 445 as follows: By striking on lines 24 and 25 the words "and except in habeas corpus cases"; and by striking on line 6, page 1 the words "and habeas corpus" from the caption and "and except in habeas corpus cases" from line 19 and 20 of page 1. The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to. On the passage of the Bill, as amended, the ayes were 92, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House: HB 2071. By: Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th, Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th, and Hill of the 127th: A BILL to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; and for other purposes. HB 2072. By: Representatives Twiggs and Colwell of the 4th: A BILL to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City; and for other purposes. The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House: HB 1786. By: Representative Ham of the 80th: A BILL to amend an Act entitled "An Act to amend Code Chapter 26-29, relative to crimes involving dangerous instru mentalities and practices, so as to provide that it shall be unlawful for any TUESDAY, MARCH 7, 1978 2813 person to fire or discharge a firearm on the property of another person, firm or corporation without having first obtained permission from the owner or lessee of such property...."; to provide this Act not applicable in counties having a population of not less than 10,700 or more than 11,300; and for other pur poses. HB 1870. By: Representative Kemp of the 139th: A BILL to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two fulltime clerks; and for other purposes. HB 1516. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend an Act approved February 15, 1933, providing pensions for members of police departments in cities having a population of 300,000 or more according to United States Census of 1920, or any subsequent census thereof; and for other purposes. HB 1515. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend the Act approved August 13, 1924, providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census; and for other purposes. HB 1517. By: Representatives Bolster of the 30th, and Greer and Horton of the 43rd: A BILL to amend the Act approved August 20, 1927, providing that cities having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: HB 1320. By: Representative Burruss of the 21st: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; and for other purposes. Representative Burruss of the 21st moved that the House insist on its position in dis agreeing to the Senate amendment to HB 1320 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members thereof: Representatives Burruss of the 21st, Rainey of the 135th, and Ham of the 80th. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time: SR 252. By: Senators Foster of the 50th, Overby of the 49th, and Brown of the 47th: A RESOLUTION designating the lodge and conference center at Unicoi State Park as "The Amilee C. Graves Conference Center"; and for other purposes. 2814 JOURNAL OF THE HOUSE, The following Committee substitute was read and withdrawn: A RESOLUTION Commending and recognizing Mrs. Amilee C. Graves; and for other purposes. WHEREAS, Mrs. Amilee C. Graves served with distinction as the only chairperson of the North Georgia Mountains Authority when it was established in 1968, until it was abol ished in 1973; and WHEREAS, Mrs. Graves was instrumental in helping the Authority obtain an Eco nomic Development Administration grant of $2.1 million which was utilized to construct many of the facilities at Unicoi State Park; and WHEREAS, Mrs. Graves has been highly involved with the preservation and conser vation of the natural environment in the North Georgia mountain area, having served as member, chairperson, participant and lay leader in numerous public and private organiza tions, including several terms as the Mayor of Clarksville, Georgia, and editor of the TriCounty Advertiser; and WHEREAS, the lodge and conference center at Unicoi State Park is considered by many to be a completely unique outdoor recreational facility; and WHEREAS, this facility is the focal point for many organized programs, conferences and retreats which have as their purpose many of the same type objectives as those envisioned by Mrs. Graves when the facility was originally planned; and WHEREAS, the citizens of Georgia wish to recognize the outstanding contribution made by Mrs. Graves to the State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby commend Mrs. Amilee C. Graves for her outstand ing contributions to the State. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Mrs. Amilee C. Graves and to the Commissioner of the Department of Natural Resources. BE IT FURTHER RESOLVED that the Commissioner of the Department of Natural Resources shall have a copy of this Resolution suitably framed and hung in the conference center at Unicoi State Park. The following substitute, offered by Representative Colwell of the 4th, was read and adopted: A RESOLUTION Commending Mrs. Amilee C. Graves; and for other purposes. WHEREAS, Mrs. Amilee C. Graves served with grace and distinction as the only Chairperson of the North Georgia Mountains Authority from its establishment in 1968 until its abolishment in 1973; and WHEREAS, Mrs. Amilee C. Graves, through her abilities, commitment and dedica tion, helped author and secure an Economic Development Administration grant to con struct many of the facilities at Unicoi State Park; and WHEREAS, the lodge and conference center at Unicoi State Park represents a com pletely creative and unique outdoor recreational facility designed to preserve the local environment and skills and knowledge of the people of north Georgia and to serve as an attractive outdoor recreation facility; and TUESDAY, MARCH 7, 1978 2815 WHEREAS, this facility has become the focal point for organized programs, confer ences and retreats which help preserve the land, the people and their skills as envisioned by Mrs. Amilee C. Graves when the facility was originally planned; and WHEREAS, Mrs. Amilee C. Graves has so well and wisely served the people and the mountains of north Georgia as Mayor of Clarkesville; as Editor of the Tri-County Advertiser; and as member, chairperson and leader in numerous public and private orga nizations; and WHEREAS, Mrs. Amilee C. Graves embodies those same strengths of the people and the mountains in her realistic, responsible and productive life dedicated to preserving the best in humanity and the environment; and WHEREAS, the General Assembly, acting in behalf of the citizens of Georgia, wishes to recognize the unique and outstanding contribution made by Mrs. Amilee C. Graves to the people of this State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby commend Mrs. Amilee C. Graves for her outstand ing, creative and unique contribution to the State. BE IT FURTHER RESOLVED that the Commissioner of the Department of Natural Resources is hereby authorized and directed to designate a proper site in the Conference Center at Unicoi State Park to place a portrait and plaque suitably recognizing Mrs. Amilee C. Graves and her very human and important contributions to the people of this State and to Unicoi State Park. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Mrs. Amilee C. Graves and to the Commissioner of the Department of Natural Resources. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute. On the adoption of the Resolution, by substitute, the ayes were 93, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. SB 531. By: Senator Scott of the 43rd: A BILL to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding six months unless such group accident and sickness insurance policy provides for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable under such previous policy; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, so as to provide that no insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance, to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding twelve months unless such 2816 JOURNAL OF THE HOUSE, group accident and sickness insurance policy contains a provision which gives the employer the option to include a provision in the policy which either provides for or gives the employee the option to purchase coverage which would provide for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable under such policy; to provide for application to policies issued by hospital service nonprofit cor porations and medical service nonprofit corporations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 56-31, relating to group and blanket accident and sickness insurance, as amended, is hereby amended by adding, following Code Section 56-3102, a new Code Section 56-3102.1, to read as follows: "56-3102.1. Additional Required Provisions of Group Accident and Sickness Policies. (a) No insurer authorized to write accident and sickness insurance in this State shall issue any group accident and sickness insurance policy, other than a policy of credit accident and sickness insurance, to any employer to replace any existing policy of group accident and sickness insurance which such employer then has in effect or has had in effect during the preceding twelve months unless such group accident and sickness insurance policy provides that such employer may at its election contract with such insurer to include in the policy covering its employees either an optional provision cover ing all of its employees or an optional benefit to be offered to such employees which would provide for the payment of benefits for preexisting illnesses or conditions for which benefits would have been payable to an insured covered under a certificate under such previous policy but for the operation of the preexisting conditions exclusions under the newly issued policy. (b) The provisions of this Section shall also apply to policies issued by a hospital ser vice nonprofit corporation or a nonprofit medical service corporation." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute. SB 326. By: Senator Barnes of the 33rd: A BILL to amend Section 9-401.2 of the Code of Georgia, known as the "Law School Public Prosecutor Act of 1970", so as to provide that the term "district attorney" shall also mean a Solicitor or an Assis tant Solicitor of a State Court; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield. J. Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. GignilUat, A. Glanton, Tom Glover, M. Y Greene, J. TUESDAY, MARCH 7, 1978 2817 Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. YIrvin,J. Ylrvin, R. Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BUl) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Owens, R.D. Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. PUewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 124, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 73. By: Senators Stumbaugh of the 55th, Johnson of the 34th and Sutton of the 9th: A BILL to require State officials and employees to submit itemized expense accounts in order to be reimbursed for expenses; to provide for the contents of such expense accounts; to require supporting documentation for expenses claimed; to provide for exceptions; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House Substitute to Senate Bill 73 as follows: By striking the language appearing in lines 12 through 16 on page 1 and inserting in lieu thereof the following: "expenses for meals, lodging and transportation incurred in the performance of his duties unless a bill, receipt or similar supporting document showing payment therefor, or a written explanation of the absence of such documentation, shall be submitted when applying for reimbursement. A receipt or other supporting document shall not be neces sary for transportation expenses when the official or employee is reimbursed for mileage, as provided by law, for the use of his personal automobile while traveling in carrying out his official duties." Representative Lee of the 72nd moved that the House disagree to the Senate amend ment to the House substitute to SB 73. The motion prevailed. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 2072. By: Representatives Twiggs and Colwell of the 4th: A BILL to amend an Act creating a new charter for the City of Young Harris so as to change the date of elections in said City; and for other purposes. 2818 JOURNAL OF THE HOUSE, The following Senate substitute was read: A BILL To grant a new charter to the City of Young Harris; to provide for the incorporation of such city; to provide for corporate boundaries; to provide for powers, duties and authority of the City of Young Harris and its officials, officers and employees; to provide for ordi nances; to provide for a mayor and city council and their election, compensation and expenses, powers, duties and authority; to provide for filling vacancies; to provide for a mayor pro tern and his powers, duties and authority; to provide for meetings; to provide for a quorum; to provide for practices and procedures; to provide for codes; to provide for departments, boards, commissions and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant and other employees; to provide for consolidation of functions; to provide for classifications and pay plans; to provide for per sonnel policies; to provide for a city court and the jurisdiction, judge, practices, proce dures, appeals and rules connected therewith; to provide for elections; to provide for removal of elected officials; to provide for taxation and the practices and procedures con nected therewith; to provide for service charges; to provide for assessments; to provide for bonds and notes; to provide for fiscal administration and budgets; to provide for contracts and purchases; to provide for official bonds; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION, POWERS Section 1.01. Incorporation. This Act shall constitute the whole charter of the City of Young Harris, repealing and replacing the charter provided by an Act of the Gen eral Assembly, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended. The City of Young Harris, Georgia, in the County of Towns, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Young Harris, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure. Section 1.02. Corporate Boundaries. The corporate limits of said City of Young Harris shall extend one-half mile in every direction from the Young Harris College Chapel in said city and shall include all persons and property within the radius of that distance. Section 1.03. Specific Powers. The corporate powers of the government of the City of Young Harris, to be exercised by the governing authority, may include the follow ing: (1) to levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) to make appropriations for the support of the government of the city; to author ize the expenditure of money for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; TUESDAY, MARCH 7, 1978 2819 (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) to condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) to acquire, lease, construct, operate and maintain public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, elec tric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; the sale or disposal of any public utility shall be approved by a twothirds' majority vote of the qualified voters of said city; (9) to grant franchises or make contracts for public utilities and public services not to exceed periods of thirty (30) years; and to prescribe the rates, fares, regulations, stan dards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) to provide for the acquisition, constructing, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regu late the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the pen alties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) to provide for the prevention and punishment of riots and public disturbances; (16) to regulate or prohibit junk dealers; pawnshops; the manufacture, sale or trans portation of intoxicating liquors and liquids; the use and sale of firearms; the transporta tion, storage and use of combustible, explosive and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be danger ous to persons or property; (17) to regulate and control the conduct of peddlers, itinerant trades, theatrical per formances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortunetelling and palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (20) to prescribe standards of health and sanitation and to provide for the enforce ment of such standards; 2820 JOURNAL OF THE HOUSE, (21) to regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishments for violation thereof; (23) to provide for the collection and disposal of garbage, rubbish and refuse; to regulate the collection of garbage, rubbish and refuse by others; and to provide for the sep arate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and the sale of same; (24) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service tax, charge or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing busi ness in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges, taxes or fees; (26) to levy a fee or charge a sewer tax as necessary to assure the acquiring, con struction, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee or tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) to charge, impose and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, wel fare and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city; to provide for the use and administration of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city; and to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the play ing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of the State of Georgia, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; TUESDAY, MARCH 7, 1978 2821 (36) to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amount to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) to provide and maintain a system of pensions and retirement for officers and employees of the city; (38) to levy and provide for the collection of special assessments to cover the costs of any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, peace, good order and good govern ment of the city; (42) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (43) to exercise the power of arrest through duly appointed policemen; (44) to establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provi sions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (45) to establish and enforce zoning regulations; (46) to exercise and enjoy all other powers, functions, rights, privileges and immuni ties necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No enumeration of particular powers in this char ter shall be held to be exclusive of others nor restrictive of general words and phrases granting power but shall be held to be in addition to such powers unless expressly prohib ited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.04. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may here after be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.05. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.06. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.07. Prior Ordinances, Still Valid. All ordinances, bylaws, rules and regula tions now in force in the City of Young Harris, not inconsistent with this charter, are hereby declared valid and of force until amended or repealed by the mayor and council. 2822 JOURNAL OF THE HOUSE, ARTICLE II LEGISLATIVE BODY Section 2.01. Creation and Composition of Legislative Body. The legislative authority of the government of the City of Young Harris, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.02. Terms and Qualifications of Office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless: (1) he has been a resident of the City of Young Harris for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Young Harris; and (4) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.03. Vacancy; Forfeiture of Office; Filling of Vacancies, (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, for feiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any one or more of the qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.04. Compensation and Expenses. The mayor shall receive as compensation for his services not more than $100.00 per month. The councilmen shall receive as compen sation for their services not more than $100.00 per month. The mayor and council shall fix the salaries to be received by the mayor and each councilman for the succeeding year at their regular meeting in December of each year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Prohibitions, (a) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office or city employment during the term for which he was elected. (b) Neither the mayor nor any councilman shall vote upon any question in which he is personally interested. Section 2.06. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose the council may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as prescribed by ordinance. Section 2.07. General Power and Authority of the Council, (a) Except as other wise provided by law or by this charter, the council shall be vested with all of the powers of government of the City of Young Harris as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life or property, health, welfare, sanitation, comfort, convenience, prosperity TUESDAY, MARCH 7, 1978 2823 or well-being of the inhabitants of the City of Young Harris and may enforce such ordi nances by imposing penalties for violation thereof. Section 2.08. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Young Harris. He shall possess, have and exercise all of the executive and administrative powers granted to him under the Constitution, laws of the State of Georgia and this charter. Section 2.09. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits; (d) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) have the power to suspend all officers, department heads and employees of the city, the suspension to be subject to a hearing at the next regular or special council meeting following the suspension; (g) exercise supervision over all executive and administrative work of the city and pro vide for the coordination of administrative activities; (h) submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other information as the council may request; (i) recommend to the council such measures relative to the affairs of the city, improve ment of the government and promotion of the welfare of its inhabitants as he may deem expedient; (j) call special meetings of the council as provided for in Section 2.12 of this charter; (k) examine and audit all accounts of the city before payment; (1) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (m) have the power to veto any action taken by the council unless said action was approved by a two-thirds' vote of the council; provided, however, that this veto power shall not apply to the introduction and adoption of ordinances; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.10. Mayor Pro Tern. During the absence or disability of the mayor for any cause, the mayor pro tern, or in his absence or disability for any reason any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 2.11. Organization Meeting, (a) The new mayor and council shall conduct an organizational meeting on the first Tuesday after the first Monday in January. The meet ing shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected mayor and councilmen as follows: "I do solemnly swear or affirm that I will well and truly demean myself as mayor (or coun cilman as the case may be) of the City of Young Harris for the ensuing term, and that I will faithfully uphold the Constitution of the United States and of the State of Georgia, enforce the charter and ordinances of the City of Young Harris to the best of my skill and ability, without fear or favor; so help me God." (b) Following the swearing in of new members, the mayor and council by a majority vote shall elect one of the councilmen to serve as mayor pro tern for a term of one year and until his successor is elected and qualified. Section 2.12. Regular and Special Meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. 2824 JOURNAL OF THE HOUSE, (b) Special meetings of the council may be held on call of the mayor or four members of the council. Notice of such special meeting shall be served on all other members person ally, or by telephone personally, or shall be left at their residences at a reasonable time in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall consti tute a waiver and notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at a special meeting. (c) All meetings of the council shall be public. Section 2.13. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.14. Quorum, Voting. Four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll-call vote. The affirmative vote of four councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.15. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "The Council of the City of Young Harris hereby ordains..." (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, that no ordinance, except an emergency ordinance, shall be adopted until the next regular meeting of the council following the meeting of its initial introduction. Section 2.16. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain after the enacting clause a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meet ing at which it is introduced but the affirmative vote of at least four councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty (60) days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.17. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.18 of this charter. Section 2.18. Signing, Authenticating, Recording; Printing; Codifying, (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book TUESDAY, MARCH 7, 1978 2825 kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordi nance and shall be published promptly together with all amendments thereto, this charter and any amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited offi cially as "The Code of the City of Young Harris, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for pur chase by the public at a reasonable price fixed by the council. (c) The council shall cause each ordinance and each amendment to this charter to be printed following its adoption. Following publication of the first code of the City of Young Harris and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or addi tions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III EXECUTIVE BRANCH Section 3.01. Administrative and Service Departments, (a) The council by ordi nance may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city as it deems necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer, charge, add to or detract from the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such offices, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmen. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.02. Boards, Commissions and Authorities, (a) All members of boards, commissions and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appoint ment except as otherwise provided by this charter or any applicable State law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk the oath as follows: "I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Young Harris and that I will support and defend the charter thereof." 2826 JOURNAL OF THE HOUSE, (d) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the council. (e) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and councilmen. (g) Except as otherwise provided by this charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one of its members as vice chairman for terms of one year and may elect as its secre tary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the city or applicable State law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.03. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be prescribed by ordinance of the council and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.04. City Attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as directed; shall advise the coun cil, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.05. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents per taining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.06. City Tax Collector. The council may appoint a city tax collector to col lect all taxes, licenses, fees and other monies belonging to the city, subject to the provi sions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or fore closure of taxes by municipalities. Section 3.07. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.08. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector and city accountant or any other posi tions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.09. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Young Harris and to any of the city's agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.10. Personnel Policies. The council may adopt rules and regulations consist ent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoff shall be effected; and (4) TUESDAY, MARCH 7, 1978 2827 such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Young Harris. ARTICLE V JUDICIAL BRANCH Section 4.01. Creation of City Court of Young Harris. There is hereby established a court to be known as the City Court of the City of Young Harris. Said court shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Young Harris and to punish for violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be pro vided by law; to punish witnesses for nonattendance; to punish also any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all cases within the territorial limits of the city which under the laws of the State of Georgia are placed within the jurisdiction of police or municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The city court shall be presided over by the judge of said court. Section 4.02. Judge, (a) The judge of the City Court of Young Harris shall be appointed by the council. (b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensa tion of the judge shall be fixed by the council. (c) Before entering on the duties of his office, the judge shall take an oath before the mayor that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.03. Convening. The city court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.04. Jurisdiction; Power, (a) The City Court of Young Harris shall try and punish for crimes against the City of Young Harris and for violation of its ordinances. The court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The court may fix punishment for offenses within its jurisdiction not exceeding a fine of $200.00 or imprisonment for 60 days, or both, as an alternative to fine or imprisonment, may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 60 days. (b) The court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The court shall have authority to establish bail and recognizances to insure the pres ence of those charged with violations before said court and shall have discretionary author ity to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge forfeited to the City of Young Harris or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. 2828 JOURNAL OF THE HOUSE, (e) The court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Young Harris granted by State laws generally to mayor's, city, and police courts and particularly by such laws as to authorize the abatement of nuisances. Section 4.05. Appeal. The right to appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Towns County from the City Court of Young Harris shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceed ing. Section 4.06. Rules for Court. With the approval of the council, the judge shall have the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court; provided, how ever, that the council may adopt in part or in toto the rules and regulations relative to the procedure and the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in city court proceedings at least 48 hours prior to said pro ceedings. ARTICLE V ELECTIONS Section 5.01. Regular Elections. The mayor and councilmen serving on the effective date of this Act shall serve out the remainder of their terms of office. On the first Tuesday in December there shall be an election of three councilmen to serve a term of office of two years. Each year the term of three councilmen shall expire and three shall be elected to take their places. The mayor shall be elected at the regular election held on the first Tuesday in December of even-numbered years. The term of office of the mayor and mem bers of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.11 of this charter. Section 5.02. Qualifying, Nomination of Candidates, Absentee Ballots. The council may by ordinance prescribe rules and regulations governing qualifying fees, nom ination of candidates, absentee ballots, write-in votes, challenge of votes and such other rules and regulations as may be necessary for the conduct of elections of the City of Young Harris. Section 5.03. Applicability of General Laws. The procedures and requirements for election of all elected officials in the City of Young Harris as to primary, special or general elections shall be in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.04. Special Elections, Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; pro vided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall con form to the applicable provisions of the Georgia Municipal Election Code and this charter, as now or hereafter amended. Section 5.05. Grounds for Removal of Elected Officials. The mayor or any council man shall be subject to removal from office for any one or more of the following causes: TUESDAY, MARCH 7, 1978 2829 (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) abandonment of office or neglect to perform the duties thereof; or (e) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.06. Procedure for Removal of Elected Officials. Removal of an elected official from office may be accomplished by one of the following methods: (a) By action of a two-thirds' vote of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, he shall not vote. In the event an elected officer is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Towns County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Towns County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.01. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Young Harris. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.02. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing govern mental services or for any other public purposes as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Young Harris is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104 inclusive. Section 6.03. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, whether they may be paid in installments or in one lump sum and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the volun tary payment of taxes prior to the time when due. Section 6.04. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or the city tax col lector and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which the city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardships, the council shall have discre tionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.05. Licenses, Occupational Taxes, Excise Taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the resi dents of the City of Young Harris both individual and corporate and on all those who transact or offer to transact business therein or who practice or offer to practice any profession or calling therein as the council may deem expedient for the public health, 2830 JOURNAL OF THE HOUSE, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations proper or necessary to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohib ited by general law. Section 6.06. Sewer Service Charges. The council shall have the right, power and authority pursuant to ordinances adopted by the council to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Young Harris to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.07. Sanitary and Health Services Charge. The council shall have author ity to provide for, enforce, levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Young Harris and benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sani tary taxes or fees in such amount or amounts, based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof. Said liens shall be superior to all other liens except for county and city property taxes and said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.08. Special Assessments. The council shall have power and authority to assess against the abutting property owners all or part of the cost of constructing, recon structing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances under such terms and conditions as may be pre scribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven per cent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as provided for in this Article for city property taxes. Section 6.09. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assess ment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law gov erning sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fas., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of prop erty sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.10. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority TUESDAY, MARCH 7, 1978 2831 shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue Bonds. Revenue bonds may be issued by the council as pro vided by an Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or as provided by any other Georgia laws as now or hereafter provided. Section 6.12. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city govern ment unless otherwise provided by State or federal law. Section 6.14. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs, Section 6.15. Property Tax Levies. The council shall levy by ordinance an annual tax on all real and personal property within the City of Young Harris. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy, together with other anticipated revenues, fund balances and applicable reserves, shall at least be sufficient to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general govern ment of the City of Young Harris. Section 6.16. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at a special meeting called for the purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the funds to which it applies. Section 6.17. Contracting Procedures. All contracts shall be made or authorized by the council and no contract shall bind the city unless reduced to writing and approved by the council. Section 6.18. Centralized Purchasing, (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Young Harris. (b) The council may sell and convey any real or personal property owned or held by the City of Young Harris for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the council, both find ing that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, widening or extending any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and convey ances shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. 2832 JOURNAL OF THE HOUSE, ARTICLE VII GENERAL PROVISIONS Section 7.01. Official Bonds. The officers and employees, both elected and appointed, of the City of Young Harris shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.02. Penalties. The violation of any provisions of this charter for which pen alty is not specifically provided herein is hereby declared to be a misdemeanor and punish able by a fine of not more than $200.00 or by imprisonment not to exceed sixty (60) days, or both. Section 7.03. Specific Repealer. An Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended, is hereby repealed in its entirety. Section 7.04. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Twiggs of the 4th moved that the House agree to the Senate substitute to HB 2072. On the motion, the ayes were 103, nays 0. The motion prevailed. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 378. By: Senator Hudgins of the 15th: A BILL to amend the Gasoline Marketing Prac tices Act, approved April 13, 1973, so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change certain defenses; to change certain provisions relating to applicability; to change certain designations; to provide for severability; to provide an effective date; and for other purposes. The following Committee substitute was read: A BILL To amend the Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), so as to change and add definitions; to change and add certain provisions relating to what shall constitute violations; to provide for equitable relief; to change cer tain defenses; to change certain provisions relating to applicability; to change certain desig nations; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Gasoline Marketing Practices Act, approved April 13, 1973 (Ga. Laws 1973, p. 438), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 to read as follows: "(a) 'automotive gasoline distributor* means any person, whe is a manufacturer or owner ef the trademark, trade name, service mark- e* other identifying symbol fef which seiA marketing agreement entered firm or corporation who is engaged in the sale, con signment or distribution of gasoline to automotive gasoline dealers pursuant to market ing agreements." TUESDAY, MARCH 7, 1978 2833 Section 2. Said Act is further amended by striking subsection (c) of Section 3 in its entirety and substitutiing in lieu thereof a new subsection (c) to read as follows: "(c) 'marketing agreement' 'or agreement' means t a written agreement, including a franchise, and all related written agreements, between an automotive gasoline distribu tor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale under the trademark, trade name, service mark, er other idcntifytng symbol or name owned er uacd by- automotive gasoline distributor, or an agreement between an automotive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased or controlled by the automotive gasoline distributor, for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor;." Section 3. Said Act is further amended by adding immediately following subsection (d) of Section 3 a new subsection to be designated subsection (e) to read as follows: "(e) 'automotive gasoline' or 'gasoline', as used in this Act, means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles." Section 4. Said Act is further amended by striking subsection (c) of Section 4 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) by the use of coercion, intimidation or threats, to force or induce such gasoline dealer to deal exclusively in products manufactured, distributed or sponsored by such gasoline distributor or to participate in promotions. Hours of operation, which shall be are set in the original any written agreement, in effect prior to July l^ 1978, can only be changed by mutual consent. It shall also be the duty of the distributor to advise the dealer in writing prior to execution of the agreement the projected potential gallonage and the dealer shall acknowledge same in writing prior to execution of the marketing agreement that he is willing to accept same;". Section 5. Said Act is further amended by striking subsection (h) of Section 4 in its entirety and substituting in lieu thereof the following: "(h) to provide any term or condition in any marketing agreement, or other agree ment, ancillary or collateral thereto, which term or condition directly or indirectly vio lates this Actr; (i) after July lj 1978, to require operation in excess of a six-day week and/or in excess of a twelve-hour day if the dealer can prove it results in substantially lessening the profits^ earned in his entire operation to the extent that it is not economically fea sible to continue said operation; provided, however, that the provisions of this subsection shall in no way impair the obligation of contracts made prior to July 1 1978; and pro vided, further, that the provisions of this subsection shall not impair the writing of a contract for hours in excess of the hours expressed herein or to impair the right to enforce the hours contained in any contract until sufficient evidence is available to a dealer to exercise the rights hereinbefore provided; and provided, further, that the provi sions of this subsection shall not be applicable to dealers or distributors who operate a food or convenience store in conjunction with the retail sale of automotive gasoline and related products; (j) after July 1, 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years unless: (1) the dealer fails to comply with conditions of such agreement or fails to act in good faith in carrying out the terms of such agreement, or (2) such automotive gasoline distributor's principal stockholder OT principal oper ator dies during the term of any marketing agreement, m which case such agreement may be refused renewal by the heirs giving notice as provided for in this Act, or (3) the dealer has violated the laws of this State relative to the ownership or oper ation of retail businesses; (k) after July 1^ 1978, to refuse to continue to deal with an automotive gasoline dealer with whom it has had a marketing agreement for three years if such automotive gasoline dealer satisfies the court in an action brought by the automotive gasoline dealer under this Section that such refusal to deal is not the product of the good faith business judgment of the automotive gasoline distributor." 2834 JOURNAL OF THE HOUSE, Section 6. Said Act is further amended by adding at the end of Section 4 a new Section to be designated Section 4A to read as follows: "Section 4A. It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product and has the power to require the purchase of that product by another automo tive gasoline distributor or an automotive gasoline dealer doing business in this State to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline distributor for resale to automotive gasoline dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its automotive gasoline dealers an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for advertising, credit cards and other expenses relative to its automotive gasoline dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area." Section 7. Said Act is further amended by striking Section 5 in its entirety and sub stituting in lieu thereof a new Section 5 to read as follows: "Section 5. Any automotive gasoline dealer may bring an action against its automotive gasoline distributor for violation of this Act in the superior court of the county where such distributor resides or, if the distributor is a corporation, in accordance with the provisions of Code Title 22, the Georgia Corporation Code, as amended, to recover dam ages sustained by reason of any violation of this Actr Provided j provided, that the dealer shall show as a prerequisite to recovery under this Section that he has: (a) com plied with the reasonable requirements of the marketing agreement; and (b) has acted in good faith in carrying out the terms of the marketing agreement. The court may grant such equitable relief as is proper, including declaratory judgment and injunctive relief. Attorneys' fees shall be controlled by Code Section 20-1404, as now or hereafter amended." Section 8. Said Act is further amended by striking subsection (a) of Section 7 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be a defense to any action brought under Section 5 that the marketing agreement was terminated or cancelled because the distributor is not receiving rental in accordance with the terms of the agreement or other legitimate business reason, pro vided, however, assumption by the distributor of the dealer's operation shall not be a legitimate business reason for cancellation. {i} the distributor is net receiving rental m accordance with the tenm ef- the agree mcnt. ^11^ et oincr legitimate Dusmcss reasons; provided, however, tnat ft termination of cancellation ef- a marketing agreement fer- the purpose ef- enabling the gasoline distrib legitimate ousincss PCaseft unless tnc gasoline dcaiep is otiered ftt tnc time ot sucn notice reasonable compensation fer the value ef- his business." Section 9. Said Act is further amended by striking the word "any" in subsection (b) of Section 7 and substituting in lieu thereof the word "the", so that when so amended sub section (b) shall read as follows: "(b) No gasoline distributor may raise any the defense set forth in subsection (a) of this Section to an action brought under Section 5 unless he shall have given to the gaso line dealer who brings such action the written notice required by Section 4(b) of this Act;". Section 10. Said Act is further amended by striking subsection (c) of Section 7 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) These defenses are This defense is in addition to other defenses specified in this Act and defenses available under contract or provided by law." Section 11. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: TUESDAY, MARCH 7, 1978 2835 "Section 9. In order for the provisions ef- this Act te> apply, it shall be- ncccaaary that all contracts be m writing This Act shall apply to all marketing agreements as defined in Section 3(c) of this Act." "S(ei)c"t,ion 12. Said Act is further amended by striking from Section 11 the following: so that when so amended, Section 11 shall read as follows: "Section 11. Distributors' Cause of Action. Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement and said dealer shall be liable for rental return as outlined in Section 7(a){fK Attorneys' fees shall be controlled by Georgia Code Section 20-1404, as now or hereafter amended." Section 13. The provisions of this Act are severable and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not aff'-ct or impair any of the remaining provisions of this Act. Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. An amendment, offered by Representative Jones of the 78th, was read and lost. The following amendment was read and adopted: Representative Wall of the 61st moves to amend SB 378 at page 1 on line 22 by removing the period and add the following: ", or any person, firm or corporation operating two or more retail outlets." Representative Swann of the 90th moved that the House reconsider its action in adopting the Wall amendment. The motion prevailed. The Wall amendment was again taken up for consideration. The amendment was lost. Four amendments, offered by Representative Wall of the 61st, were read and lost. An amendment, offered by Representative Elliott of the 49th, was read: Representative Elliott of the 49th moves to amend SB 378 by striking Section 6 in its entirety; renumber Sections and change caption accordingly. On the adoption of the amendment, the roll call was ordered and the vote was as fol lows: Adams, G. N Adams, Marvin Y Andereon, W. N Argo, B. N Auten, D. N Balkcom, R. N Bargeron, E. Battle, Joe N Baugh, W.E. N Beck, J.M. Beckham, B. Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. Buck, T.B. N Burruss, A.L. Y Burton, J. Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. N Carrell, B. Y Cason, G. N Castlebeiry, D. Chance, G. N Childers, E.M. ChUds, P. N Clark, Betty Y Clark, L. N Clifton, A.D. Coleman. T. Colling, M. Y Colwell, C.H. N Connell, J. N Cooper, B. Y Coi, W.E. N Crosby, T. Y Culpepper, B. 2836 JOURNAL OF THE HOUSE, N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. N Dent, R.A. N Deveaui, C. Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. N Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. Y Glanton, Tom N Glover, M. N Greene, J. Y Greer, J.W. N Ham, B. Hamilton, G. N Manner, B. N Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. N Hatcher, C.F. N Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Home, F. N Horton, G.T. N Housley, E. Y Hudson, Ted N Hutchinson, R.S. Y Irvin, J. N Irvin, R. N Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. N Johnson, P. N Johnson, W.Rud. Johnston, J. Y Jones, B. Y Jones, Herb N Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. KUgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick N Lane, W.J. N Lee, WJ.(Bill) N Lenderman, M. Linder, J. N Logan, H. N Long, W.K. N Looper, M. N Lord, J. N Lucas, D.E. Mann, C.C. N Marcus, S.J. N Matthews, D.R. Y McCollum, H. N McDonald, L. McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. Y Mullinai, E.G. Murray, B. N Nessmith, P.E. N Nichols, M. Y Nil, K. N Noble, Bill N Oldham, L. N Owens, R.D. Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. Y Phillips, L.L. Y Phfflips, R.T. Phillips, W.R. N Pilewicz, G. Pinkston, F.C. N Rainey, H. N Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. Y Richardson, E. N Robinson, C. N Rosa, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Scott, D. Y Sizemore, E. N Smith, V.B. Smyre, C. N Snow, Wayne,Jr. N Steinberg, C. N Stone, R. Swann, D. On the adoption of the amendment, the ayes were 45, nays 101. The amendment was lost. N Taggart, T. Y Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. Y Twiggs, R. N Vaughn, C.R. Veazey, M. N Waddle, T.W. Y Walker, L. N Wall, V. Y Ware, J.C. N Watkins, L. N Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. N Williams, H.L. N Williams, R. Williamson, G. N Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker An amendment, offered by Representative Foster of the 152nd, was ruled out of order. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin N Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. N Coleman, T. N Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. N Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. N Dean, D.C. Y Dent, R.A. Y Deveaui, C. DUon, H.D. Dover, Bill N Edwards, W. N Elliott, E.H. Y Evans, W.D. Y Felton, D. N Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. N Gignilliat, A. N Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Manner, B. Y Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. N Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. N Irvin, J. Y Irvin, R Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. N Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. N Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. N Looper, M. Y Lord, J. Y Lucas, D.E. Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. N McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. N Scott, A. Scott, D. TUESDAY, MARCH 7, 1978 2837 N Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. N Walker, L. Y Wall, V. N Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, the ayes were 123, nays 36. The Bill, having received the requisite constitutional majority, was passed, by substi tute. Representatives Beckham of the 89th and Phillips of the 91st abstained from all votes on SB 378 due to a conflict of interest. Representatives Coleman of the 118th and Rowland of the 119th stated that they had inadvertently voted "nay" on the passage of the SB 378, by substitute, but intended to vote "aye" thereon. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 140. By: Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th, Traylor of the 3rd, and others: A BILL to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Thompson of the 32nd, Coverdell of the 40th, and Pearce of the 16th. The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. Representative Phillips of the 120th moved that the House insist on its position in substituting SB 565. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: 2838 JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has disagreed to the House substitute to the following Resolution of the Senate: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living fac tors; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. The Senate has agreed to the House substitute, as amended by the Senate, to the fol lowing Bill of the Senate: SB 530. By: Senator Scott of the 43rd: A BILL to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that no group accident and sickness insurance policy shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of six months following the date of the issuance of the policy; and for other purposes. The Senate adheres to its disagreement to the House amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 408. By: Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and Stumbaugh of the 55th: A BILL to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Evans of the 37th, Stephens of the 36th, and Greene of the 26th. The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 2071. By: Representatives Taggart of the 125th, Scott of the 123rd, Jones of the 126th, Gignilliat of the 122nd, Battle of the 124th, Triplett of the 128th, and Hill of the 127th: A BILL to abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; and for other purposes. The following Senate substitute was read: A BILL To abolish the office of Associate Judge of the Municipal Court of Savannah; to abol ish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Munici- TUESDAY, MARCH 7, 1978 2839 pal Court of Savannah; to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; to provide effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Any other provision of law to the contrary notwithstanding, the office of Associate Judge of the Municipal Court of Savannah is hereby abolished effective at mid night on December 31, 1978. No person shall be elected to succeed the associate judge whose term of office expires on December 31, 1978. Section 2. Effective at midnight on December 31, 1978, the Municipal Court of Savannah is hereby abolished and the Act revising, altering and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as amended, and all Acts amendatory thereto are hereby repealed as of said date. Section 3. All mesne and final processes for the Municipal Court of Savannah which have not been executed as of midnight on December 31, 1978, shall be returned to the State Court of Chatham County, Georgia. All cases and matters which are pending in said Municipal Court of Savannah on December 31, 1978, are hereby transferred to the State Court of Chatham County. All books, papers and records attaching to such actions and cases shall be transferred to the proper offices of the State Court of Chatham County, and in all other respects the State Court of Chatham County shall stand substitute for the Municipal Court of Savannah in all matters of every kind and nature, and all subsequent proceedings shall be the same as if such cases had been originally filed in the State Court of Chatham County. All books, records, indexes and property of any nature whatsoever shall be and become the property of the State Court of Chatham County on and after midnight of December 31, 1978. Nothing contained herein shall be construed to prohibit the State Court of Chatham County from transferring any pending cases transferred to it by the provisions of this Act to any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of such other courts as provided by the Con stitution and laws of this State. All personnel of the Municipal Court of Savannah, except the judges thereof, are hereby transferred to the State Court of Chatham County and shall become employees of the State Court of Chatham County effective at midnight on Decem ber 31, 1978. Section 4. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Chatham County to issue the call for an election for the purpose of submitting Sections 2 and 3 of this Act to the electors of Chatham County for approval or rejection. The superinten dent shall set the date of such election for Tuesday, August 8, 1978. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: "( ) YES Shall Sections 2 and 3 of the Act abolishing the Municipal Court of Savannah and transferring all cases and records to the State Court of ( ) NO Chatham County be approved?" All persons desiring to vote for approval of the Act shall vote "Yes", and those per sons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, Sections 2 and 3 shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chatham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. 2840 JOURNAL OF THE HOUSE, Section 5. Section 1 of this Act shall become effective at midnight on December 31, 1978, in the event more than one-half of the electors of Chatham County voting in the referendum as provided in Section 4 do not approve Sections 2 and 3 of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Taggart of the 125th moved that the House agree to the Senate substi tute to HB 2071. On the motion, the ayes were 103, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1711. By: Representatives Daugherty of the 33rd, Hamilton of the 31st, Lambert of the 112th, Carnes and Horton of the 43rd, Snow and Hays of the 1st, Sizemore of the 136th, Hill of the 127th, and others: A BILL to safeguard individuals within the State of Georgia from discrimination in public employment because of race, color, religion, national origin, sex, handicap and age with respect to employment; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Howard of the 42nd, Evans of the 37th, and Duncan of the 30th. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 671-1869. By: Representative Reaves of the 147th: A RESOLUTION proposing an amendment to the Constitution so as to exempt certain real property in Brooks County from ad valorem taxation other than State ad valorem taxes; and for other purposes. The Speaker announced the House in recess until 1:45 o'clock this afternoon. TUESDAY, MARCH 7, 1978 2841 AFTERNOON SESSION The Speaker called the House to order. The following Resolutions of the House were read and referred to the committees: HR 901. By: Representative Adams of the 79th: A RESOLUTION directing the House Motor Vehicles Committee to study the need for certain legislation relating to motor vehicle ignition switches; and for other purposes. Referred to the Committee on Motor Vehicles. HR 902. By: Representative Phillips of the 91st: A RESOLUTION urging the Governor to designate the azalea as the "State Wild Flower"; and for other purposes. Referred to the Committee on State of Republic. HR 903. By: Representative Jones of the 126th: A RESOLUTION creating the Energy Resources Study Committee; and for other purposes. Referred to the Committee on Industry. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto: SB 408. By: Senators Evans of the 37th, English of the 21st, Allgood of the 22nd and Stumbaugh of the 55th: A BILL to prohibit sexual exploitation of children; to provide definitions; to provide that it is unlawful for any persons to take certain actions related to procuring for use or using certain minors for the purpose of depicting sexually explicit conduct in any visual or print medium; to provide that it is unlawful for the parent or person having custody of a child to take certain actions respecting sexual exploitation of the child; to provide penalties; and for other purposes. Representative Swann of the 90th moved that the House insist on its position in amending SB 408 and that a Committee of Conference be appointed to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Nichols of the 27th, Truluck of the 86th, and Swann of the 90th. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto: SB 140. By: Senators Pearce of the 16th, Johnson of the 34th, Barnes of the 33rd, Paulk of the 13th, Traylor of the 3rd, and others: A BILL to create the Prosecuting Attorneys' Retirement System; to provide for procedures, requirements and other matters relative thereto; to provide for certain penalties in connection therewith; and for other purposes. 2842 JOURNAL OF THE HOUSE, Representative Buck of the 95th moved that the House insist on its position in substi tuting SB 140 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Buck of the 95th, Wilson of the 19th, and Argo of the 63rd. The following Bill and Resolution of the House were taken up for the purpose of con sidering the Senate substitutes thereto: HB 1764. By: Representatives Home of the 104th, Pinkston of the 100th, Lucas of the 102nd, Bray of the 70th, Hawkins of the 50th, and Kemp of the 139th: A BILL to amend Code Title 34, also known as the "Georgia Election Code", so as to provide for substituted nominations by special primaries in the event of vacan cies occurring in any party nomination (filled by primary) for a federal, State or county office filled by the vote of electors within a single county, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination; and for other purpose^. The following Senate substitute was read: A BILL To amend Code Chapter 34-10, relating to nomination of candidates, as amended, so as to provide for substituted nominations by special primaries in the event of vacancies occurring in certain party nominations (filled by primary) by reason of the death, disquali fication or withdrawal of any candidate therefor, occurring after nomination; to repeal '"&flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Chapter 34-10, relating to nomination of candidates, as amended, is hereby amended by striking Code Section 34-1003, which reads as follows: "Section 34-1003. Substituted nominations by parties and bodies.--Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of more than one county, by reason of the death, disqualifica tion or withdrawal of any candidate therefor, occurring after nomination but at least ten days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county in which electors reside who are eligible to vote for the filling of such public office. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee entitled to participate in the convention. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; provided, however, that each county executive com mittee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the area involved in the convention according to the last United States Decennial Census, or upon the number of votes cast within such area for the party's candidates for presi dential electors in the last presidential election. A two-thirds majority of the delegates TUESDAY, MARCH 7, 1978 2843 of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be suffi cient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll call vote. The records of the convention shall be filed with the State executive committee. In the event such a vacancy in party nom ination shall happen during the ten days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcom mittee thereof appointed for the purpose. (b) Any vacancy happening in any party nomination (filled by primary) for a Fed eral, State or county office filled by the vote of electors within a single county, or for the office of judge of the superior court or solicitor general of a judicial circuit contained within a single county, by reason of the death or withdrawal of any candidate therefor occurring after nomination, may be filled by a substituted nomination made by the county executive committee of the party in such county. (c) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) Upon the making of any such substituted nomination, in the manner prescribed in this Section, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the ordi nary, as the case may be, a nomination certificate which shall be signed by such chair man and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths.", in its entirety and inserting in lieu thereof a new Code Section 34-1003 to read as follows: "34-1003. Substituted nominations by parties and bodies.--(a) Any vacancy happening in any party nomination (filled by primary) for a public office to be filled by the vote of the electors of the entire State, by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination but at least 10 days prior to the election to fill the public office sought by such candidate, may be filled by a substituted nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the State. Immediately upon such vacancy occurring, the State executive committee, or a subcommittee thereof appointed for the purpose, shall fix a time within six days of the happening of such vacancy and shall select and provide a convenient place for the holding of such a convention, which shall be open to the public, and shall give notice thereof to the chairman and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the State executive committee; pro vided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based sub stantially upon the population of the State according to the last United States Decennial Census, or upon the number of votes cast within the State for the party's candidates for presidential electors in the last presidential election. A two-thirds majority of the delegates of such county executive committees shall constitute a quorum for the trans action of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substituted nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the conven tion shall be filed with the State executive committee. In the event such a vacancy in party nomination shall happen during the 10 days preceding the day of such an election or on the morning of such an election prior to the opening of the polls, such vacancy may be filled by a substituted nomination made by the State executive committee or a subcommittee thereof appointed for the purpose. (b) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the State executive committee, except a public office to be filled by the vote of the electors of the entire State, by reason of the death, 2844 JOURNAL OF THE HOUSE, disqualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such special pri mary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of the aforemen tioned special primary or special primary runoff, whichever is later. Any runoff neces sary from such election shall be held not later than the fourteenth day after the date of such election. The State executive committee of the party of the aforementioned deceased, disqualified or withdrawn candidate shall immediately notify the Secretary of State of such death, disqualification or withdrawal. The Secretary of State shall there upon issue the call for the special primary and election specified above and shall notify the superintendent of each county involved, and it shall thereupon be the duty of the superintendents of each such county so notified to hold and conduct such special pri mary and election in accordance with the call issued by the Secretary of State. (c) Any vacancy occurring in any party nomination (filled by primary) for a public office for which a candidate must qualify with the county executive committee by reason of the death, disqualification or withdrawal of any candidate therefor, occurring after nomination, shall be filled by substitute nomination made by special primary to be held not later than the fourteenth day after the scheduled date of the election for which the deceased, disqualified or withdrawn individual was a candidate. Candidates for such spe cial primary shall qualify not later than 12:00 noon of the tenth day prior to the date of the special primary. Any runoff of candidates in such special primary shall be held not later than the tenth day after the date of the special primary. The election for said public office shall be held not later than the fourteenth day after the date of the afore mentioned special primary or special primary runoff, whichever is later. Any runoff necessary from such election shall be held not later than the fourteenth day after the date of such election. The county executive committee of the party in the county of resi dence of the aforementioned deceased, disqualified or withdrawn candidate shall immediately notify the superintendent of such county of such death, disqualification or withdrawal. The superintendent shall thereupon issue the call for the special primary and election specified above and shall notify the Secretary of State, and it shall there upon be the duty of the superintendent of such county to hold and conduct such special primary and election. (d) Any vacancy happening in any party nomination (filled by means other than by primary) or body nomination, by reason of the death, disqualification or withdrawal of any candidate after nomination, may be filled by a substituted nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (e) Upon the making of any such substituted nomination, in the manner prescribed in subsections (a) or (d) above, it shall be the duty of the chairman and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairman and secretary. Every such certificate of nomination shall be sworn to by the chairman and secretary before an officer qualified to administer oaths." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Home of the 104th moved that the House agree to the Senate substi tute to HB 1764. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. TUESDAY, MARCH 7, 1978 2845 Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Carlisle, J. Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evang, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(BU1) Lenderman, M. Linder, J. Y Logan, H. Y Long, W.K. Looper, M. Lord,J. Y Lucas, D.E. Mann, C.C. Marcus, S.J. Y Matthews, D.R. McCollum, H. McDonald, L. Y McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. On the motion, the ayes were 103, nays 0. The motion prevailed. Y Mullinax, E.G. Murray, B. Nessmith, P.E. Nichols, M. Y Nii, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Y Swann, D. Taggart, T. Y Thompson, A.W. Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Truluck, R. Y Tucker, R.M. Tuten, J. Twiggs, R. Y Vaughn, C.R. Veazey, M. Waddle, T.W. Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HR 741-2012. By: Representative Buck of the 95th: A RESOLUTION authorizing the Gov ernor on behalf of the State of Georgia to convey to the Colonial Pipeline Com pany, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. The following Senate substitute was read: A RESOLUTION Authorizing the Governor on behalf of the State of Georgia to convey to the Colonial Pipeline Company, a Delaware Corporation, an easement for right-of-way purposes for a petroleum products pipeline in Barrow County, Georgia, being a part of the lands of the Fort Yargo State Park, to provide for the consideration for such easement; and for other purposes. WHEREAS, Colonial Pipeline Company, a Delaware Corporation, is engaged in con structing a forty (40) inch petroleum products pipeline within the State of Georgia, and a portion of such pipeline is through and across certain lands of the Fort Yargo State Park, south of Winder, in Barrow County, Georgia; and WHEREAS, the State of Georgia, on the sixth day of May, 1963, by authority of H. R. No. 159-429, approved April 9, 1963, Georgia Laws 1963, page 412, did grant and con vey unto Colonial Pipeline Company a permanent easement for a pipeline right-of-way to construct, maintain, inspect, operate, protect, repair, replace, change the size of, and remove a pipeline for the transportation of liquids and/or gases on, over and through a portion of said park lands, said right-of-way being forty (40) feet in width and extending twenty (20) feet on either side of the center line of the pipeline installed thereunder; and 2846 JOURNAL OF THE HOUSE, WHEREAS, Colonial Pipeline Company now desires to install an additional pipeline, forty (40) inches in diameter, for the above stated purpose, within the boundaries of the aforementioned permanent right-of-way easement; and WHEREAS, Colonial Pipeline Company also now desires to obtain an additional per manent easement, for the proposed forty (40) inch pipeline, for the same purpose; and WHEREAS, a survey has been prepared of the existing easement, the existing pipe line, the proposed additional easement, and the proposed forty (40) inch pipeline and the survey has been presented to the State of Georgia, Department of Natural Resources and there are no objections thereto; and WHEREAS, under the provisions of an Act approved February 26, 1943 (Ga. Laws 1943, p. 1662), it is declared as being in the public interest that corporations engaged in constructing, running, or operating pipelines in this State for the transportation of petro leum products shall have the right to traverse with pipelines any property owned by the State or any subdivision thereof; and WHEREAS, the construction of such pipeline would be a benefit to the State of Georgia; and WHEREAS, Colonial Pipeline Company is willing to pay to the State of Georgia ten thousand ($10,000.00) dollars for said easement and right-of-way, and these are fair and reasonable considerations for the granting of such easement and right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia is hereby authorized and empowered to convey to the Colonial Pipeline Company, its successors and assigns, an easement for a petroleum pipeline rights-of-way as hereinabove described, across, through and under the property and tracts of land of the State of Georgia as particularly shown on the aforementioned survey, however, the said easement shall contain provisions reserving to the State of Georgia, its successors and assigns, such rights and privileges in said property and tracts of land as may be used and enjoyed, without interfering with or abridging the rights con tained in the easement conveyed to Colonial Pipeline Company. BE IT FURTHER RESOLVED that upon ascertaining that the sum of ten thousand ($10,000.00) dollars has been paid into State Treasury by the Colonial Pipeline Company as set forth in this Resolution, the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of the State of Georgia, is hereby further authorized and empowered to execute and deliver said easement and other written instruments that may be necessary for said petroleum pipeline rights-of-way purposes and said easement and other instruments shall be in such form as may be necessary to carry out the provi sions of this Resolution and originate record chain of title to the easement herein author ized. BE IT FURTHER RESOLVED that, in addition to the above consideration, Grantee agrees to repair or to pay for any actual damage which may be done to growing crops, timber, fences, buildings, or other structures directly caused by Grantee exercising any rights herein granted; provided, however, after the first pipeline has been installed, Grantee shall not be liable for damages caused on the right-of-way by keeping said rightof-way clear of trees, undergrowth, brush, and obstructions in the exercise of its rights granted herein. Representative Russell of the 64th moved that the House agree to the Senate substi tute to HR 741-2012. On the motion, the ayes were 108, nays 0. The motion prevailed. TUESDAY, MARCH 7, 1978 2847 The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living fac tors; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. Representative Collins of the 144th moved that the House insist on its position in sub stituting SR 289. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adama, Marvin Y Andereon, W. Y Argo, B. N Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. N Bishop, S. N Bolster, P. Y Bray, C.A. N Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. N Canty, H. Carlisle, J. N Carries, C. Carrell, B. N Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. N Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. N Dean, D.C. Y Dent, R.A. N Deveaux, C. DUon, H.D. Y Dover, Bill Y Edwards, W. EUiott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. Y Gammage, L. N Gignilliat, A. Y Glanton, Tom N Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. N Hawkins, J. Y Hays, f.Ji. Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. NIrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lendennan, M. N Linder, J. Y Logan, H. Long, W.K. Looper, M. Lord, J. N Lucas, D.E. Mann, C.C. N Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 94, nays 37. The motion prevailed. Y McCollum, H. Y McDonald, L. N McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. N Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. N Scott, D. Y Sizemore, E. Y Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Stone, R. Swann, D. Y Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Truluck, R. Y Tucker, R.M. Tuten, J. YTwiggs, R Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. Y Wall, V. Y Ware, J.C. N Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. N WUliamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker The following Resolution of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon: SR 326. By: Senator Stumbaugh of the 55th: A RESOLUTION proposing an amendment to the Constitution so as to increase the homestead exemption of each resident of DeKalb County for the purposes of all DeKalb County School District ad valorem taxes by providing that said homestead exemption shall be $3,000 in 1979, $4,000 in 1980 and $5,000 for 1981 and each year thereafter; and for other purposes. 2848 JOURNAL OF THE HOUSE, The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON S. R. 326 Mr. President and Mr. Speaker: Your Conference Committee on S. R. 326 has met and submits the following recom mendations: That the Senate recede from its position and that S. R. 326, as amended by the House, be adopted. Respectfully submitted, FOR THE SENATE: is/Robert H. Bell Senator, 5th District Lawrence Stumbaugh Senator, 55th District /s/Pierre Howard, Jr. Senator, 42nd District FOR THE HOUSE: /s/Betty J. Clark Representative, 55th District /s/Gewge Williamson Representative, 45th District Cas Robinson Representative, 58th District Representative Williamson of the 45th moved that the House adopt the report of the Committee of Conference on SR 326. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Burruss, A.L. Y Burton, J. Butler, D. Y Canty, H. Carlisle, J. Y Games, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Y Connell, J. Cooper, B. Y Coi, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Y Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y GignilKat, A. Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Hatcher, C.F. N Hawkins, J. Y Hays, F.Ji. Y Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. YKanh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Lucas, D.E. Mann, C.C. Y Marcus, S.J. Matthews, D.R. On the motion, the ayes were 131, nays 2. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Montiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y PhiUips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. N Richardson, E. Y Robinson, C. Y Roes, Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Swann, D. Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker TUESDAY, MARCH 7, 1978 2849 The following Resolutions of the House were read and adopted: HR 842. By: Representative Phillips of the 91st: A RESOLUTION commending Mrs. Charles E. Johnson; and for other purposes. HR 843. By: Representative Crosby of the 150th: A RESOLUTION commending Mr. Chester Day of Homerville, Georgia; and for other purposes. HR 844. By: Representatives Housley of the 21st and Nix of the 20th: A RESOLUTION commending the Marietta High School Basketball Team of Marietta, Georgia, its coaches and supporters; and for other purposes. HR 845. By: Representatives Dean of the 29th, Deveaux of the 28th, Scott of the 37th, Glover of the 32nd and others: A RESOLUTION commending the participants of the Cities in Schools Project; and for other purposes. HR 846. By: Representatives Greene of the 138th, Patten of the 149th, Long of the 142nd, Reaves of the 147th and others: A RESOLUTION commending Mr. James Johnson; and for other purposes. HR 847. By: Representatives Hawkins of the 50th, Vaughn of the 57th, Marcus of the 26th, Richardson of the 52nd and others: A RESOLUTION commending the Upper Class of St. Francis Day School of Atlanta; and for other purposes. HR 848. By: Representatives Adams of the 36th, Clark of the 55th, Canty of the 38th, Patten of the 146th and others: A RESOLUTION expressing sympathy for Mrs. Joyce Stell; and for other purposes. HR 849. By: Representative Robinson of the 58th: A RESOLUTION commending the Stone Mountain High School Marching, Concert and Jazz Bands; and for other purposes. HR 850. By: Representatives Matthews of the 145th, Reaves of the 147th, Rush of the 121st, Lane of the 81st and others: A RESOLUTION expressing sympathy at the passing of Honorable Tom Linder; and for other purposes. HR 851. By: Representative Edwards of the 110th: A RESOLUTION commending the Taylor County Sheriffs Department; and for other purposes. HR 852. By: Representative Rowland of the 119th: A RESOLUTION commending the "SWITCH" program in the Dublin City Schools; and for other purposes. HR 853. By: Representatives Anderson, Harris and Looper of the 8th: A RESOLUTION commending the Etowah High School "Eagletts" Girls' Basketball Team and Coach Larry Fountain; and for other purposes. HR 854. By: Representative Townsend of the 24th: A RESOLUTION commending John A. Stevenson, son of Mr. and Mrs. Frank Stevenson of Atlanta; and for other purposes. HR 855. By: Representatives Childs of the 51st, Richardson of the 52nd, Hawkins of the 50th, Robinson of the 58th and others: A RESOLUTION expressing sympathy at the passing of Miss Liza Tharpe; and for other purposes. 2850 JOURNAL OF THE HOUSE, HR 856. By: Representative Baugh of the 108th: A RESOLUTION commending Mr. Andrew Jackson Schuyler; and for other purposes. HR 857. By: Representative Nix of the 20th: A RESOLUTION commending the Campbell High School Basketball Team of Smyrna, its coaches and supporters; and for other purposes. HR 858. By: Representatives Battle of the 124th, Gignilliat of the 122nd, Jones of the 126th, Taggart of the 125th and others: A RESOLUTION relative to Saint Patrick's Day in Savannah, Georgia; and for other purposes. HR 859. By: Representative Carrell of the 75th: A RESOLUTION commending Mrs. Lorraine Payne; and for other purposes. HR 860. By: Representative Carrell of the 75th: A RESOLUTION commending Mr. Stewart V. Bowers and the staff of the Walton County Extension Service; and for other purposes. HR 861. By: Representative Carrell of the 75th: A RESOLUTION commending Miss Kathryn Milhous; and for other purposes. HR 862. By: Representative Carrell of the 75th: A RESOLUTION commending Miss Elizabeth Milhous; and for other purposes. HR 863. By: Representatives Johnson of the 66th, Johnson of the 72nd and Isakson of the 20th: A RESOLUTION commending the Georgia Association of Realtors and all real estate brokers and agents in Georgia; and for other purpoess. HR 864. By: Representative Johnson of the 66th: A RESOLUTION commending Mr. Chaffer Banister; and for other purposes. HR 865. By: Representative Johnson of the 66th: A RESOLUTION commending Mr. Mark Stroup; and for other purposes. HR 866. By: Representative Carrell of the 75th: A RESOLUTION commending Miss Judy Ashe; and for other purposes. HR 867. By: Representatives Watkins of the 34th and Hamilton of the 31st: A RESOLU TION commending Mrs. Margaret G. Poole; and for other purposes. HR 868. By: Representatives Lee, Benefield, Johnson and Wood of the 72nd: A RESOLU TION commending the Forest Park High School "Panthers" Boys' Basketball Team; and for other purposes. HR 869. By: Representative Knight of the 67th: A RESOLUTION commending the City and citizens of Newnan upon the one hundred fiftieth anniversary of the City's founding; and for other purposes. HR 870. By: Representative Butler of the 56th: A RESOLUTION commending the DeKalb Community College Central Campus's Basketball team; and for other purposes. TUESDAY, MARCH 7, 1978 2851 HR 871. By: Representatives Watkins of the 34th, Deveaux of the 28th, Hamilton of the 31st and others: A RESOLUTION commending Mr. Nathaniel Ingram; and for other purposes. HR 872. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Eula Drain; and for other pur poses. HR 873. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Beatrice Garland; and for other purposes. HR 874. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Maggie Page; and for other pur poses. HR 875. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Nancy Goosby; and for other pur poses. HR 876. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Sophia Lovelace; and for other purposes. HR 877. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Eunice Carter; and for other pur poses. HR 878. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Ada Snell; and for other pur poses. HR 879. By: Representatives Watkins of the 34th, Deveaux of the 28th, and Hamilton of the 31st: A RESOLUTION commending Mrs. Louise Pinkett; and for other purposes. HR 880. By: Representatives Clark of the 55th, McKinney of the 35th, Canty of the 38th, Smyre of the 92nd, Johnston of the 56th, and others: A RESOLUTION com mending Mr. John Edward Blessinger and B & S Electric Supply Company, Inc.; and for other purposes. HR 881. By: Representatives Butler and Tolbert of the 56th: A RESOLUTION commend ing the Cedar Grove High School Basketball Team; and for other purposes. HR 882. By: Representatives Smith of the 42nd, Patten of the 146th, Burton of the 47th, Butler of the 56th, Lane of the 40th, and others: A RESOLUTION commending the Georgia Power Company; and for other purposes. HR 883. By: Representative Tolbert of the 56th: A RESOLUTION commending Mr. John Harrell; and for other purposes. HR 884. By: Representatives Smyre of the 92nd, Bishop of the 94th, Thompson of the 93rd, Galer of the 97th, Phillips of the 91st, and others: A RESOLUTION com- 2852 JOURNAL OF THE HOUSE, mending the Columbus College "Cougars" Basketball Team; and for other pur poses. HR 885. By: Representatives Childs of the 51st, Irvin of the 10th, Dover of the llth, Connell of the 87th, Pilewicz of the 41st, and others: A RESOLUTION com mending the people of Toccoa; and for other purposes. HR 886. By: Representatives Pilewicz of the 41st and Smith of the 42nd: A RESOLU TION commending Mrs. Augusta R. Mann; and for other purposes. HR 887. By: Representatives Housley of the 21st and Nix of the 20th: A RESOLUTION commending Mr. J. Dale Pass; and for other purposes. HR 888 By: Representative Housley of the 21st: A RESOLUTION commending Mr. James H. Stymus; and for other purposes. HR 889. By: Representatives Wilson of the 19th, Burruss of the 21st, Cooper of the 19th, Housley of the 21st, Kaley of the 19th, and others: A RESOLUTION expressing regret at the passing of Honorable L. Howard Atherton, Jr.; and for other pur poses. HR 890. By: Representatives Hatcher of the 131st, Hutchinson of the 133rd, and Williamson of the 45th: A RESOLUTION commending Mae Tyre and Mae's Oyster Bar; and for other purposes. HR 891. By: Representatives Dean of the 29th, Glover of the 32nd, Deveaux of the 28th, Watkins of the 34th, and Scott of the 37th: A RESOLUTION commending Ms. Rosa Burney; and for other purposes. HR 892. By: Representatives Dean of the 29th, Glover of the 32nd, Deveaux of the 28th, Watkins of the 34th, and Scott of the 37th: A RESOLUTION commending Mr. Clark Martin; and for other purposes. HR 893. By: Representatives Dean of the 29th, Glover of the 32nd, Deveaux of the 28th, Watkins of the 34th, and Scott of the 37th: A RESOLUTION commending Ms. Evelyn Pope; and for other purposes. HR 894. By: Representatives Canty of the 38th, Clfirk of the 55th, McKinney of the 35th, Watkins of the 34th, Deveaux of the 28th, and others: A RESOLUTION com mending the career and achievements of Dr. Ann Scarlett Cochran upon the announcement of her retirement from the faculty and staff of Morris Brown College; and for other purposes. HR 895. By: Representative Butler of the 56th: A RESOLUTION commending the DeKalb County Board of Education; and for other purposes. HR 896. By: Representative Nix of the 20th: A RESOLUTION recognizing and commend ing the Nickajack Youth Football Association, the 75-pound Nickajack Panthers, their coaches and players, cheerleaders and officials; and for other purposes. HR 897. By: Representatives Childers of the 15th, Toles of the 16th, and Oldham of the 14th: A RESOLUTION commending Louis Farrill Barton; and for other pur poses. TUESDAY, MARCH 7, 1978 2853 HR 898. By: Representatives Hays of the 1st, Wood of the 9th, Owens of the 77th, Kilgore of the 65th, Crosby of the 150th, and others: A RESOLUTION urging the Administrator of the Veterans Administration to reconsider his decision to close 129 beds in VA hospitals in Georgia; and for other purposes. HR 899. By: Representatives Hatcher of the 131st, Steinberg of the 46th, Williamson of the 45th, Edwards of the 110th, Mostiler of the 71st, and others: A RESOLU TION expressing the deep shock and profound regret of the House at the news of the attempted murder of Larry Flynt; and for other purposes. HR 900. By: Representatives Bolster of the 30th, Marcus of the 26th, Dean of the 29th, McKinney of the 35th, Glover of the 32nd, and others: A RESOLUTION urging restoration of the funds cut from the budget of the Southside Community Health Center; and for other purposes. HR 904. By: Representatives Carnes of the 43rd, Adams of the 36th, Horton of the 43rd, Hamilton of the 31st, Greer of the 43rd, and Daugherty of the 33rd: A RESO LUTION commending the Honorable Sidney J. Marcus; and for other purposes. HR 905. By: Representative Murphy of the 18th: A RESOLUTION recognizing and com mending the Tallapoosa Jaycees; and for other purposes. HR 907. By: Representatives Phillips of the 91st, Ross of the 76th, Mullinax of the 69th, Hudson of the 137th and others: A RESOLUTION commending Wiley T. Nixon, Postmaster of the House of Representatives, and his staff; and for other purposes. HR 908. By: Representative Coleman of the 118th: A RESOLUTION commending Mr. S. C. Cadwell; and for other purposes. HR 909. By: Representatives Lenderman of the 53rd, Tuten of the 153rd, Money of the 5th, Kemp of the 139th and others: A RESOLUTION commending Willie Nelson, Waylon Jennings, and Jessi Colter; and for other purposes. HR 910. By: Representatives Lee, Benefield, Wood and Johnson of the 72nd: A RESOLU TION commending the Morrow High School "Mustangs" Girls' Basketball Team; and for other purposes. HR 911. By: Representative Veazey of the 146th: A RESOLUTION commending the Berrien County High School Girls Basketball Team; and for other purposes. HR 912. By: Representative Coleman of the 118th: A RESOLUTION commending Mr. Edward L. McCranie; and for other purposes. HR 913. By: Representatives Linder of the 44th, Tolbert and Johnston of the 56th, Childs of the 51st, Burton of the 47th and others: A RESOLUTION commending Mr. Ed Laborwit and the Decatur-DeKalb News-Sun; and for other purposes. HR 914. By: Representative Murphy of the 18th: A RESOLUTION commending Mrs. June K. Jones; and for other purposes. HR 915. By: Representatives Hanner of the 130th, Hatcher of the 131st, McCollum of the 134th and Hutchinson of the 133rd: A RESOLUTION commending Mr. Frank Sumner; and for other purposes. 2854 JOURNAL OF THE HOUSE, HR 916. By: Representatives Smyre of the 92nd, Thompson of the 93rd; Bishop of the 94th, Cason of the 96th and others: A RESOLUTION commending Continental Societies, Incorporated, and Mrs. Rosa S. Stanback; and for other purposes. HR 917. By: Representatives Hill of the 127th, Glover of the 32nd, Scott of the 123rd, Taggart of the 125th, Murphy of the 18th and others: A RESOLUTION com mending James Scott, Sylvester Strong and Horace Ross; and for other pur poses. HR 918. By: Representatives Daniel of the 88th, Dent of the 85th, Connell of the 87th, Beckham of the 89th and Truluck of the 86th: A RESOLUTION relative to the establishment of policies and procedures for redevelopment programs for resi dential and commercial areas in Augusta-Richmond County, Georgia; and for other purposes. HR 919. By: Representatives Beckham of the 89th and Matthews of the 145th: A RESO LUTION urging the government of the United States to take certain actions to support the dollar and to adopt policies and programs to ensure industrial, agri cultural, technological and econonomic progress; and for other purposes. HR 920. By: Representatives Bargeron of the 83rd, Tucker of the 73rd, Lord of the 105th, Ross of the 76th and others: A RESOLUTION urging the State Board of Edu cation to make available motorcycle safety education in the secondary public schools; and for purposes. HR 921. By: Representatives Reaves of the 147th, Patten of the 149th, Pinkston of the 100th, Phillips of the 120th and others: A RESOLUTION urging Congress to support an annual appropriation to the United States Department of Agricul ture to augment the vital functions of the Southeastern Cooperative Wildlife Disease Study at the University of Georgia; and for other purposes. HR 922. By: Representatives Murray of the 116th, Matthews of the 145th, Veazey of the 146th and Collins of the 144th: A RESOLUTION commending Homer Woodward Garrett; and for other purposes. HR 923. By: Representatives Wood and Jackson of the 9th, Murphy of the 18th, Harris of the 8th, Matthews of the 145th and others: A RESOLUTION commending Honorable Doug Whitmire; and for other purposes. HR 924. By: Representatives Rainey of the 135th, Hays and Snow of the 1st: A RESOLU TION wishing Honorable Robert G. Peters a happy birthday; and for other pur poses. HR 925. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Vaughn of the 57th, Connell of the 87th and others: A RESOLUTION expressing appreciation to certain interns with the Georgia Educational Television Network; and for other purposes. HR 926. By: Representatives Scott of the 37th, Holmes of the 39th, Watkins of the 34th, Dean of the 29th, Hill of the 127th, Glover of the 32nd and others: A RESOLU TION commending Charles Kenneth Pierce; and for other purposes. HR 906. By: Representatives Battle of the 124th, Gignilliat of the 122nd, Jones 126th, Taggart of the 125th and others: A RESOLUTION relative to Saint Patrick's Day; and for other purposes. TUESDAY, MARCH 7, 1978 2855 The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: HB 1874. By: Representatives Ware of the 68th, Castleberry of the lllth, Argo of the 63rd, Gammage of the 17th, and Bray of the 70th: A BILL to amend an Act known as the "Georgia Residential Finance Authority Act" so as to change the composition of the Authority; to specify qualifications for certain public mem bers of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), so as to change the composition of the Authority; to specify qualifications for cer tain public members of the Authority; to provide for the appointment and the initial terms of the public members added by this Act; to provide for the continuation of existing terms of certain members of the Authority; to provide for the expiration of the existing terms of certain members of the Authority; to change the provisions relating to vacancies; to delete obsolete provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Residential Finance Authority Act," approved March 26, 1974 (Ga. Laws 1974, p. 975), as amended by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1651), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 257), is hereby amended by striking Section 5(a) in its entirety and substituting in lieu thereof a new Section 5(a), to read as follows: "(a) Members of the Authority. The Authority shall be composed of s eight mem bers as follows: four two permanent members who shall be (4^ the Governor, or in the get; (& the State Auditor; {3} the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commissiont f4>2 and (2) the Commissioner of the State Department of Community Affairs Development bat in the event the functions ef- the Department of Community Development tranafcrrcd te it frem the oUPCdtt Or otflte riftnning ftnd Community /viiftirs Dy tnc cjxecutivc rveOF^cmiZQtion Act ef- 1972 {Gft taws 1972, pr 1016), are transferred te another department or a division or bureau ef- the Department or of another department, the executive officer ef- such depflrtmenty Dlireftu of division siicur succeed to trie pcMBftnent position field &y tfte Commiagiener ef- Community Development; and twe six public members te be appointed er rejected by the Senate. Any actions taken by the Authority in which ft public member participates, prior te the confirmation er rejection ef hi* appointment by- the Senate, shall be ef- the same effect as if- the public member had been confirmed prier te the time the action was taken. Two of the public members shall be appointed by the Governor, two shall be appointed by the Lieutenant Governor, and two shall be appointed by the Speaker of the House of Representatives. Not more than one of the two public members appointed, respectively, by the Governor, Lieutenant Governor, and Speaker of the House shall be a person who is engaged in home building, real estate sales, or mortgage lending occupations. One ef- the public members shall be a representative ef the heme building industry; and- the ether shaft be a- representative ef- the mortgage lending Industry; and One of the public members appointed by the Governor shall be a person who 2856 JOURNAL OF THE HOUSE, has knowledge and experience in the area of low and moderate income housing. The twe public members shall set No two public members appointed by the same appointing officer shall be residents of the same Congressional District. One ef Of the public mem bers appointed by the Governor, one shall reside outside of the Standard Metropolitan Statistical Areas of the State and the other one shall reside within one of the Standard Metropolitan Statistical Areas of the State. One ef the public members shall be appointed for a initial terra ef few years. Their successors Public members shall serve for four-year termSj except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of such public member by death, resignation or otherwise, the Governor appointing officer shall appoint a successor to serve for the balance of the unexpired term subject te confirmation by the Senate. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p^ 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p^ 344). Any vacancy created by any such removal for cause shall be filled by appointment by the officer who originally appointed the member so removed. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate develop ment. The Executive Director shall become an ex officio nonvoting member of the Authority and may be elected Secretary ef the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall consti tute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quo rum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the perfor mance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act." Section 2. The public members of the Georgia Residential Finance Authority in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors shall be appointed as provided by law. The two public members of the Authority in office on the effective date of this Act shall be considered as Governor's appointees and the initial appointments to be made by the Governor shall not be made until the expiration of terms of office of such public members. The terms of the permanent members of the board removed from the board by Section 1 of this Act shall expire on the effective date of this Act. The public members added by Section 1 of this Act shall be appointed within 60 days after the effective date of this Act. One of the two initial appointments made, respectively, by the Governor, Lieutenant Governor, and Speaker of the House of Representatives shall be for terms of two years and until their successors are appointed and qualified and one of each such appointments shall be for terms of four years and until their successors are appointed and qualified. Successors to such public member shall be appointed as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read and adopted: TUESDAY, MARCH 7, 1978 2857 Representatives Ware of the 68th, Bray of the 70th, Castleberry of the lllth, Gammage of the 17th, and Argo of the 63rd move to amend Senate Substitute to H. B. 1874 as follows: By striking everything beginning on line 23 on page 1 and substituting therefor the following: '"(a) Members of the Authority. The Authority shall be composed of seven mem bers as follows: three permanent members who shall be (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) the Commissioner of the State Department of Community Affairs; and four public members. No two public members shall be residents of the same Congressional District. At least one of the public mem bers appointed by the Governor shall reside outside of the Standard Metropolitan Sta tistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or other wise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be sub ject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for viola tion thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $50 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, how ever, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act.' Section 2. The public members of the Georgia Residential Finance Authority in office on the effective date of this Act shall serve out the remainder of their respective terms and until their successors shall be appointed as provided by law. The public members added by Section 1 of this Act shall be appointed within 60 days after the effective date of this Act. Two of the initial appointments made by the Governor shall be for terms of two years and until their successors are appointed and qualified and the remaining two appointments shall be for terms of four years and until their suc cessors are appointed and qualified. Thereafter, successors to such public members shall be appointed for the terms of office as provided by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed." 2858 JOURNAL OF THE HOUSE, Representative Ware of the 68th moved that the House agree to the Senate substitute to HB 1874, as amended by the House. On the motion, the roll call was ordered and the vote was as follows: Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Battle, Joe Y Baugh, W.E. Beck, J.M. Y Beckham, B. Y Benefleld, J. Birdsong, K. Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Burruss, A.L. Y Burton, J. Y Butler, D. Y Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. CoUins, M. Colwell, C.H. Y Connell, J. Y Cooper, B. Cox, W.E. Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. DUon, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignilliat, A. Glanton, Tom Y Glover, M. Greene, J. Y Greer, J.W. Ham, B. Y Hamilton, G. Hanner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(Bill) Lenderman, M. Y binder. J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 114, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Stone, R. Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Tolas, E.B. Townsend, K.V. Y Triplett, Tom Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: HB 1427. By: Representatives Hawkins of the 50th, Horton of the 43rd, and Taggart of the 125th: A BILL to amend the Code of Georgia of 1933 so as to provide for an arbitration title; to provide for a short title ("Georgia Arbitration Code"); to provide for the effect of agreements to submit to arbitration controversies, existing or thereafter arising; to provide for applications to the court, venue, and service of papers; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Pearce of the 16th, Allgood of the 22nd, and Kidd of the 25th. The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House: TUESDAY, MARCH 7, 1978 2859 HB 1386. By: Representatives Kemp of the 139th, Davis of the 99th, Johnston and Tolbert of the 56th, Home of the 104th, Burruss of the 21st, Cooper of the 19th, Taggart of the 125th, and others: A BILL to amend Code Section 56-407A, relating to uninsured motorist coverage, so as to change the maximum amounts of such coverage which may be obtained from an insurer; to provide for edito rial revision; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Barnes of the 33rd, Allgood of the 22nd, and Banks of the 17th. Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was again taken up for consideration: SB 264. By: Senators Pearce of the 16th and Reynolds of the 48th: A BILL to amend Code Chapter 24-17, relating to powers, election, qualification and fees of judges of the probate courts, so as to substantially revise, supersede and change the provisions relating to fees of the judges of the probate courts; to provide for a deposit of cost; and for other purposes. The following amendment was read and adopted: Representative Kaley of the 19th moves to amend SB 264 as follows: By inserting between lines 4 and 5 of page 12 the following: "for receiving application, issuing marriage license, and recording (whole service), $10.00." By inserting, following the word "Section" on line 19 of page 12, wherever the same shall appear, the following: By inserting, preceding the number on line 21 of page 12, the following: "24". The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield. J. N Birdsong, K. N Bishop, S. Y Bolster, P. Y Bray, C.A. N Buck, T.B. Y Burruas, A.L. Y Burton, J. Y Butler, D. N Canty, H. Y Carlisle, J. Y Carnes, C. Y Carrell, B. Y Cason, G. N Castleberry, D. Y Chance, G. Y Childera, E.M. Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Y Colwell, C.H. Y Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Daniel, G. Y Daugherty, J.C. N Davis, B. N Dean, D.C. N Dent, R.A. Deveaui, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Elliott, E.H. N Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Galer, M. Y Gammage, L. Y Gignifflat, A. GUnton, Tom Y Glover, M. Greene, J. Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Harrison, C. Hatcher, C.F. Y Hawking. J. Y Hays, F. Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy 2860 JOURNAL OF THE HOUSE, N Lane, Dick Y Lane, W.J. Y Lee, WJ.(BUl) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, SJ. Y Matthews, D.R. Y McCoUum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Murray, B. Y Nessmith, P.E. Y Nichola, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y PUewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Scott, D. Y Sizemore, E. Smith, V.B. Smyre, C. Y Snow, Wayne^Jr. Steinberg, C. Stone, R. Y Swann, D. Y Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Truluck, R. Y Tucker, R.M. N Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, as amended, the ayes were 125, nays 13. The Bill, having received the requisite constitutional majority, was passed, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House amendment and has appointed a Conference Committee on the following Bill of the Senate: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Ballard of the 45th, Hudgins of the 15th, and Johnson of the 34th. Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the Senate were taken up for consideration and read the third time: SB 354. By: Senators Kidd of the 25th and Pearce of the 16th: A BILL to provide and fix minimum salaries for judges of the probate courts of the various counties within the State of Georgia, to be paid from county funds; to provide for increases; to provide that the provisions of this Act shall not be construed to place any judge of the probate court on an annual salary in lieu of the fee sys tem of compensation; and for other purposes. The following Committee substitute was read: A BILL To provide and fix minimum salaries for judges of the probate courts of the various counties within the State of Georgia, to be paid from county funds; to provide for increases; to provide that the provisions of this Act shall not be construed to place any judge of the probate court on an annual salary in lieu of the fee system of compensation; to provide for other matters relative to the foregoing; to repeal an Act providing the mini- TUESDAY, MARCH 7, 1978 2861 mum salaries for the judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each judge of the probate court in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such judge of the probate court shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 6,000 - 11,999 12,000 - 19,999 20,000 - 29,999 30,000 - 39,999 40,000 - 49,999 50,000 - 99,999 100,000 - 199,999 200,000 - $ 7,200 10,700 12,200 13,700 15,200 16,200 17,200 24,500 29,500 Section 2. The amount of minimum salary provided in Section 1 for the judges of the probate courts of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly, under the provisions of any applicable general or local law of this State, shall be increased by $50.00 per month. The amount of the minimum salary provided in Section 1 for the judges of the probate courts of any county presently on a salary who is responsible for traffic cases under the provi sions of any general or local law of this State shall also be increased by $100.00 per month. Section 3. The amounts provided in Sections 1 and 2 of this Act shall be increased by five percent (5%) per each four-year term of office served by any judge of a probate court, figured at the end of each such period of service. The provisions of this Section shall not be construed to affect any provisions of local legislation except where such local legislation provides for a salary lower than the salary provided in this Act, in which event the provisions of this Act shall prevail. Such increase shall not have retroactive effect, except for the current term of the judges of the probate courts now in office. This Act shall not be construed to reduce the salary of any judge of a probate court presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a probate court shall come from funds other than the funds specified as salary in this Act. Section 4. The provisions of this Act shall not be construed so as to place any judge of the probate court who is on the fee system of compensation on a salary system of com pensation. Any judge of a probate court who is compensated under the fee system of com pensation on July 1, 1978, shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such judge of the probate court on an annual salary equal to the salary provided for in this Act. Section 5. An Act providing minimum salaries for judges of the probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455), is hereby repealed in its entirety. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendment was read: 2862 JOURNAL OF THE HOUSE, Representative Irvin of the 23rd moves to amend the Committee substitute to SB 354 by striking "except for the current term of the judges of the probate courts now in office." from lines 25 and 26 of page 2 and inserting in lieu thereof the following: "except that the current term of judges of probate courts presently in office shall be counted for determining the appropriate salary under this Section.". On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderaon, W. Y Argo, B. Y Auten, D. N Balkcom, R. Bargeron, E. Y Battle, Joe N Baugh, W.E. N Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. N Carlisle, J. N Cames, C. Carrell, B. Cason, G. N Castlebeny, D. N Chance, G. N Childere, E.M. Childs, P. N Clark, Betty N Clark, L. N Clifton, A.D. Y Coleman, T. Colling, M. Y Colwell, C.H. Connell, J. N Cooper, B. Y Coi, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. N Deveaui, C. Diion, H.D. Dover, Bill Y Edwards, W. Y EUiott, E.H. Y Evans, W.D. Y Felton, D. Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. N Greene, J. N Greer, J.W. N Ham, B. N Hamilton, G. Manner, B. Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawking, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. Y Housley, E. N Hudson, Ted N Hutchinson, R.S. Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben N Johnson, G. N Johnson, P. Johnson, W.Rud. Y Johnston, J. N Jones, B. Y Jones, Herb Kaley, M. Karrh, R. Kemp, R N Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Under, J. Y Logan, H. N Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. N Milford, B. Y Money, J. N Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill N Oldham, L. N Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. N Peters, R.G. N Phillips, L.L. Y Phillips, R.T. Y PhillipB, W.R. N Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. Y Rowland, J.R. N Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. On the adoption of the amendment, the ayes were 74, nays 71. The amendment was adopted. Y Scott, D. N Sizemore, E. Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. N Stone, R. Y Swann, D. N Taggart, T. N Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. N Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. N Veazey, M. Y Waddle, T.W. Walker, L. N Wall, V. Y Ware, J.C. N Watkins, L. N Watson, K.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. N Williams, H.L. Y Williams, R. WiUiamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderaon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Bargeron, E. Y Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. N Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Cason, G. Y Castlebeny, D. N Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. N Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. N Davis, B. Dean, D.C. N Dent, R.A. Y Deveaux, C. Dixon, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. TUESDAY, MARCH 7, 1978 2863 Y Evans, W.D. Felton, D. Foster, P.W. N Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. N Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Y Hamilton, G. Manner, B. Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob N Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben N Johnson, G. Y Johnson, P. Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. N Keyton, J.W. Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. N Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nix, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. N Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhiUips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. N Rowland, J.R. Y Rush, Dewey Russell, J. Savage, J. Y Scott, A. Y Scott, D. N Sizemore, E. Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. N Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 123, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. SB 439. By: Senator Stumbaugh of the 55th: A BILL to amend an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973, so as to authorize the dissemination of certain information to certain per sons and agencies; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the ayes were 102, nays 6. The Bill, having received the requisite constitutional majority, was passed. Representative Phillips of the 91st moved that the House reconsider its action in giving the requisite constitutional majority to SB 439. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Adams, Marvin N Anderson, W. N Argo, B. N Auten, D. Y Balkcom, R. N Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. N Benefield, J. N Birdsong, K. Bishop, S. Bolster, P. N Bray, C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Castleberry, D. Chance, G. Y Childers, E.M. N Childs, P. Y Clark, Betty Y Clark, L. N Clifton, A.D. N Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Cooper, B. N Coi, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. N Dent, R.A. Y Deveaui, C. Diion, H.D. N Dover, Bill Y Edwards, W. N Elliott, E.H. Evans, W.D. N Felton, D. Y Foster, P.W. Foster, R.L. N Galer, M. Y Gammage, L. N Gignilliat, A. N Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. N Harris, B.B.,Sr. Harris, J.F. Harrison, C. Y Hatcher, C.F. N Hawkins, J. N Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. N Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. N Irvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben Johnson, G. N Johnson, P. Johnson, W.Rud. Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. N Keyton, J.W. N Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, W.J. N Lee, W.J.(BUl) Lenderman, M. N Linder, J. 2864 JOURNAL OF THE HOUSE, N Logan, H. N Long, W.K. Looper, M. N Lord, J. Y Lucas, D.E. N Mann, C.C. N Marcus, S.J. Y Matthews, D.R. Y McCollum, H. N McDonald, L. McKinney, J.E. Milford, B. Money, J. Y Mostiler, J.L. Mullinax, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. N Noble, Bill Oldham, L. N Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Y Phillips, L.L. N Phillips, R.T. Y Phillips, W.R. N Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Ramsey, T. Randall, W.C. Reaves, H.L. N Richardson, E. Robinson, C. N Rosa, Ben B. N Rowland, J.R. N Rush, Dewey N Russell, J. N Savage, J. Scott, A. Y Scott, D. Sizemore, B. N Smith, V.B. Smyre, C. On the motion, the ayes were 43, nays 78. The motion was lost. N Snow, Wayne,Jr. Steinberg, C. Stone, R. N Swann, D. Taggart, T. Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. Triplett, Tom N Truluck, R. N Tucker, R.M. N Tuten, J. N Twiggs, R. Y Vaughn, C.R. N Veazey, M. Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. N Whitmire, D. Williams, H.L. Williams, R. N Williamson, G. N Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: HB 1870. By: Representative Kemp of the 139th: A BILL to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two fulltime clerks; and for other purposes. The following Senate amendment was read: The Senate moves to amend H. B. 1870 as follows: By striking in its entirety Section 2 on page 2, which reads as follows: "Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: 'Section 3. The clerk is hereby authorized to employ a deputy clerk and two fulltime clerks. The deputy clerk shall receive an annual salary of $9,200.00. One of the two full-time clerks shall receive an annual salary of $7,800.00, and the other full-time clerk shall recieve an annual salary of $5,512.00, each payable in equal monthly installments out of the funds of Liberty County.'", and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: 'Section 3. The clerk is hereby authorized to employ a deputy clerk and two fulltime clerks. The deputy clerk and full-time clerks shall receive an annual salary as determined by the governing authority of Liberty County and payable in equal monthly installments out of the funds of Liberty County.'" Representative Kemp of the 139th moved that the House agree to the Senate amend ment to HB 1870. On the motion, the ayes were 103, nays 0. The motion prevailed. TUESDAY, MARCH 7, 1978 2865 Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time: SB 373. By Senators Foster of the 50th and Barnes of the 33rd: A BILL to amend Code Section 46-509 relating to relief from default judgment rendered against a garnishee, so as to change the provisions relative to such relief from default judg ments; and for other purposes. The following substitute, offered by Representatives Murphy of the 18th, Walker of the 115th, and Irvin of the 23rd, was read: A BILL To amend Code Title 46, relating to garnishment, so as to provide for definitions; to change the amount of exemption allowed for garnishments based on judgments for alimony or for the support of a dependent; to provide for limitations in cases of multiple sum monses of garnishment; to change the default judgment amount recoverable against a garnishee on failure to answer and to change the amount recoverable upon relief from default judgment; 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 Title 46, relating to garnishment, is hereby amended by adding before the last sentence of paragraph (2) of subsection (c) of Section 46-301, relating to what is subject to garnishment, the following: "For purposes of this Section 46-301, 'Earnings' shall mean compensation paid or pay able for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and", so that when so amended, said paragraph shall read as follows: "(2) The amount by which his disposable earnings for that week exceed thirty times the federal minimum hourly wage prescribed by Section 6(a)(l) of the Fair Labor Stan dards Act of 1938, U.S.C. Title 29, Section 206(a)(l), in effect at the time the earnings are payable. For purposes of this Section 46-301, 'Earnings' shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program; and 'Disposable Earnings' shall mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts required by law to be withheld." Section 2. Said Code Title is further amended by striking subsection (d) of Code Section 46-301, relating to what is subject to garnishment, which reads as follows: "(d) The exemption provided by Code Section 46-301 (c) shall not apply if the judg ment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that no exemption is applicable.", and inserting in lieu thereof a new subsection (d) to read as follows: "(d) The exemption provided by Code Section 46-301(c) shall not apply if the judg ment upon which the garnishment is based is a judgment for alimony or for the support of any dependent of the defendant, provided the summons of garnishment shall contain a notice to the garnishee that e exemption is applicable the garnishment is based on such judgment for alimony or the support of a dependent. In any case in which the gar nishment is based on such judgment, the maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment shall not exceed 50 percent of such individual's disposable earnings for that week." Section 3. Said Code. Title is further amended by striking subsection (e) of Section 46-301, relating to what is subject to garnishment, which reads as follows: 2866 JOURNAL OF THE HOUSE, "(e) The limitation on garnishment set forth in Code Section 46-301(c) shall apply although the garnishee may receive a summons of garnishment in more than one gar nishment case naming the same defendant, and no garnishee shall withhold from the disposable earnings of the defendant any sum greater than the amount prescribed by such Section, regardless of the number of summonses served upon the garnishee.", and inserting in lieu thereof the following new subsection (e): "(e) The limitation on garnishment set forth in Code Section 46-301(c) shall apply although the garnishee may receive a summons of garnishment in more than one gar nishment case naming the same defendant, unless the garnishee has received a summons of garnishment based on a judgment for alimony or the support of a dependent, in which case the limitation on garnishment set forth in Code Section 46-301(d) shall apply although the garnishee may receive a summons of garnishment in more than one gar nishment case naming the same defendant. No garnishee shall withhold from the dispos able earnings of the defendant any sum greater than the amount prescribed by Code Section 46-301(c) or 46-301(d), as applicable, regardless of the number of summonses served upon the garnishee." Section 4. Said Code Title is further amended by striking in its entirety Section 46-508, which reads as follows: "46-508. Default judgment against garnishee on failure to answer. In case garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, gar nishee shall automatically become in default. The default may be opened as a matter of right by the filing of an answer within fifteen days of the day of default upon pay ment of costs. If the case is still in default after the expiration of such period of fifteen days, judgment by default may be entered at any time thereafter against garnishee for the amount claimed to be due on the judgment obtained against the defendant", and inserting in lieu thereof a new Code Section 46-508, to read as follows: "46-508. Default judgment against garnishee on failure to answer. In case garnishee fails or refuses to file an answer by the forty-fifth day after service of the summons, gar nishee shall automatically become in default. The default may be opened as a matter of right by the filing of an answer within fifteen days of the day of default upon pay ment of costs. If the case is still in default after the expiration of such period of fifteen days, judgment by default may be entered at any time thereafter against garnishee for trie flinount doimcd %0 DC due on tnc juugmcnt 00toincd fl^smst trie ctciGiiciEtii* ort amount equal to the greater of $100.00 or, if shown by the plaintiff to be greater, 150 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which timely answer could have been made for all money, other property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defen dant by law." Section 5. Said Code Title is further amended by striking from the first sentence of Code"1S2e5c"t,ion 46-509 the following: and inserting in lieu thereof the following: "an amount equal to the greater of $50.00 or 100", and by striking therefrom the next to the last sentence, which reads as follows: "Provided, however, the amount of the judgment shall not be reduced below an amount equal to 15 percent of the principal amount of the judgment against the defen dant or $200.00, whichever is greater.", so that when so amended, said Code Section shall read as follows: "46-509. Relief from default judgment. When a judgment is rendered against a gar nishee under Code Section 46-508, on motion filed not later than sixty (60) days from the date garnishee receives actual notice of the entry of such judgment against gar nishee, garnishee, upon payment of all accrued costs of court, may have the judgment modified so that the amount of the judgment shall be reduced to i36 an amount equal TUESDAY, MARCH 7, 1978 2867 to the greater of $50.00 or 100 percent of the amount by which the garnishee was indebted to defendant from the time of service of summons of garnishment through and including the last day on which a timely answer could have been made for all money, other property, or effects belonging to the defendant which came into the garnishee's hands from the time of service of the summons through and including the last day on which a timely answer could have been made, and in the case of garnishment of wages, less any exemption allowed the defendant by law. Notice to the garnishee by certified mail shall be sufficient notice as herein required. Provided, however, the amount ef- the amount or tnc judgment against tnc o-ctcnuafit o? Jp^iuu.uu, wnicncvcr is gpcatciv x ro~ vided, further, that on the trial of the motion, the burden of proof shall be on the gar nishee." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. The following amendments were read and adopted: Representative Irvin of the 23rd moves to amend the substitute to SB 373 by striking from line 26 of page 4 the following: "an amount equal to the greater of. Representative Walker of the 115th moves to amend the substitute to SB 373 by striking lines 179 and 180 and substituting in lieu thereof the following: "Provided, further, that on the trial of the motion, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that said motion was not filed within the time provided for by this Section.". The substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Caraes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y ChUders, E.M. Y Childs, P. Y Clark, Betty Clark, L. Y Clifton, A.D. Y Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y COT, W.E. Y Crosby, T. Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. DUon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y GigniUiat, A. Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Y Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Hill, B.L. Y Holmes, Bob Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Y Irvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. 2868 JOURNAL OF THE HOUSE, Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, BiU Y Oldham, L. Y Owens, R.D. Y Parham, B.K. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute to the following Bill of the Senate: SB 430. By: Senators Starr of the 44th, Howard of the 42nd and Langford of the 51st: A BILL to amend the Fair Business Practices Act of 1975, approved April 10, 1975, so as to correct typographical errors; to add or change several definitions; to broaden the definition of consumer transactions to include solicitations for charitable organizations; and for other purposes. The Senate adheres to its amendments and has appointed a Committee of Conference on the following Bill of the House: HB 1320. By: Representative Burruss of the 21st: A BILL to amend Code Title 45, known as the "Game and Fish Code", so as to change the provisions relative to legal weapons for hunting wildlife; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Walker of the 19th, Barker of the 18th, and Turner of the 8th. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1648. By: Representative Isakson of the 20th: A BILL to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions so as to require the permission of the gov erning authority of a county in which the garbage, trash, waste or refuse is col lected; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same: HB 1417. By: Representatives Kemp of the 139th, Walker of the 115th, Tuten of the 153rd, Culpepper of the 98th, Felton of the 22nd, Dover of the llth, Watson of the 114th, and others: A BILL to amend Code Sections 34-605 and 34A-503, TUESDAY, MARCH 7, 1978 2869 relating to qualifications of registrars and deputy registrars, so as to clarify a certain ineligibility; and for other purposes. Representative Kemp of the 139th moved that the House insist on its position in sub stituting HB 1417 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Kemp of the 139th, Bray of the 70th, and Rush of the 121st. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment thereto: SB 501. By: Senators Hudgins of the 15th, Evans of the 37th, Johnson of the 34th and others: A BILL to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to change the provisions regarding creation of juvenile courts; to provide for judges; to provide for their compensation, terms of office, appointment, and reappointment; to provide for seminars; and for other purposes. Representative Thompson of the 93rd moved that the House insist on its position in amending SB 501 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Thompson of the 93rd, Carlisle of the 71st, and Ham of the 80th. The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 530. By: Senator Scott of the 43rd: A BILL to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that no group accident and sickness insurance policy shall be issued in this State which limits or restricts payment of benefits for any preexisting illness or condition for a period in excess of six months following the date of the issuance of the policy; and for other purposes. The following Senate amendment was read: The Senate moves to amend the House substitute to SB 530 as follows: By inserting on lines 5 and 22 on page 1 after the word "insurance", the following: "and other than qualified self-insurers". Representative Ware of the 68th moved that the House agree to the Senate amend ment to the House substitute to SB 530. 2870 JOURNAL OF THE HOUSE, On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Y Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childere, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y ColweU, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y DaTM, B. Dean, D.C. Y Dent, R.A. Y Deveam, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y EUiott, E.H. Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Manner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Hatcher, C.F. Y Hawkins, J. Y Hays, F.Jr. Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BiU) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 145, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parbam, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1648. By: Representative Isakson of the 20th: A BILL to amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions so as to require the permission of the gov erning authority of a county in which the garbage, trash, waste or refuse is col lected; and for other purposes. The following Senate substitute was read: A BILL To amend an Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions, approved April 5, 1971 (Ga. Laws 1971, p. 445), so as to require the permission of the governing authority of a county in which the garbage, trash, waste or refuse is collected; to provide that any grant of permission by a county governing authority for such transportation shall constitute a license revocable by the county governing authority after notice to the licensee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act prohibiting the transportation of garbage, trash, waste or refuse across State or county boundaries under certain conditions, approved April 5, 1971 (Ga. TUESDAY, MARCH 7, 1978 2871 Laws 1971, p. 445), is hereby amended by adding, following the word "located" at the end of Section 1, the following: ", and from the governing authority of the county in which the garbage, trash, waste or refuse is collected", and by adding a new sentence at the end of Section 1 thereof, to read as follows: "A grant of permission by a county governing authority pursuant to the provisions of this Section shall constitute a license revocable by the county governing authority at any time after written notice of such revocation is provided to the licensee or its agent or, in the event the licensee or its agent cannot be found within the county, five days after written notice of such revocation is mailed by return receipt requested mail to the licen see at its last known mailing address.", so that when so amended, Section 1 shall read as follows: "Section 1. No person, firm or corporation (or employee of any municipality) shall transport, pursuant to a contract (oral or otherwise), garbage, trash, waste or refuse across State or county boundaries for the purpose of dumping same, whether or not it is to be dumped at a publicly or privately owned dump, unless permission is first obtained from the governing authority of the county in which the dump is locatedj and from the governing authority of the county m which the garbage, trash, waste or refuse is collected. A grant of permission by a county governing authority pursuant to the provisions of this Section shall constitute a license revocable by the county governing authority at any time after written notice of such revocation is provided to the licensee or its agent or, in the event the licensee or its agent cannot be found within the county, five days after written notice of such revocation is mailed by return receipt requested mail to the licensee at its last known mailing address." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Isakson of the 20th moved that the House disagree to the Senate sub stitute to HB 1648. The motion prevailed. HB 1780. By: Representative Bolster of the 30th: A BILL to amend an Act known as the "Georgia Private Detective and Private Security Agencies Act", so as to pro hibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Private Detective and Private Security Agen cies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, so as to prohibit the use of uniforms and vehicular colors and markings which are, in the judgment of the board, confusingly similar to those in use by existing police agencies of the State of Georgia or any political subdivision thereof; to change the exemption for peace officers working for in-house agencies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Private Detective and Private Security Agencies Act", approved March 12, 1973 (Ga. Laws 1973, p. 40), as amended, is hereby amended by adding a new Section 12A to read as follows: "Section 12A. Uniforms; Vehicles.--It shall be unlawful for any person licensed under the provisions of this Act to wear uniforms and to use vehicular colors and markings 2872 JOURNAL OF THE HOUSE, which are, in the judgment of the board, confusingly similar to the uniforms and vehic ular markings of the State of Georgia or any political subdivision in which they operate, unless all uniformed police authorities of the State or unless the uniformed police authority of a political subdivision thereof in the area where said agencies will operate has given prior written approval of their use. Said written approval shall be irrevocable. The provisions of this Section shall not apply to uniforms or vehicular colors and mark ings in use by existing Georgia private detective or private security agencies operating in this State on or before March 1, 1978; provided, however, that the provisions of this Section shall apply to said existing agencies at the time they change their uniforms or vehicular colors or markings after the effective date of this Section except for seasonal uniform changes which have been used prior to the effective date of this Section." Section 2. Said Act is further amended by striking from subsection (a)(5)(B) of Section 15 the following: "this Act", and inserting in lieu thereof the following: "Section 5 of this Act", so that when so amended, subsection (a)(5)(B) shall read as follows: "(B) is on an independent contractor basis with an employer other than another peace officer or a business covered by the provisions of this Act Section 5 of this Act;". Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Bolster of the 30th moved that the House agree to the Senate substi tute to HB 1780. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.B. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. CarreU, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Collim, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Greene, J. Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Hutchinson, R.S. Irvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 128, nays 0. The motion prevailed. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Steinberg, C. Stone, R. Swann, D. Y Taggart, T. Thompson, A.W. Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Tucker, R.M. Y Tuten, J. Twiggs, R. Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Sneaker TUESDAY, MARCH 7, 1978 2873 The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate: SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Doss of the 52nd, Robinson of the 27th, and Johnson of the 34th. The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Resolution of the Senate: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living fac tors; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Dean of the 6th, Kennedy of the 4th, and Gillis of the 20th. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 1924. By: Representatives Lambert of the 112th, and Carrell of the 75th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alco holic Beverages and Liquors" so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes. The following Resolution of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto: SR 289. By: Senator Dean of the 6th: A RESOLUTION proposing an amendment to the Constitution, so as to provide for periodic adjustment of the amount of personal exemptions under the Georgia Income Tax Law based upon cost-of-living fac tors; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes. Representative Collins of the 144th moved that the House insist on its position in sub stituting SR 289 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. 2874 JOURNAL OF THE HOUSE, The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Collins of the 144th, Burruss of the 21st, and Castleberry of the lllth. The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substitute thereto: SB 565. By: Senator Robinson of the 27th: A BILL to amend an Act providing for the regulation of professional soil classifying and creating the State Board of Regis tration for Professional Soil Classifiers, approved April 7, 1976, so as to estab lish a termination date for the State Board of Registration for Professional Soil Classifiers and the date on which the aforesaid Act shall stand repealed; and for other purposes. Representative Edwards of the 110th moved that the House insist on its position in substituting SB 565 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate. The motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House, the following members: Representatives Edwards of the 110th, Adams of the 36th, and Greer of the 43rd. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate adheres to its substitute and has appointed a Committee of Conference on the following Resolution of the House: HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The President has appointed on the part of the Senate the following Senators: Senators Tysinger of the 41st, Scott of the 43rd, and Stumbaugh of the 55th. The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: TUESDAY, MARCH 7, 1978 2875 HB 1324. By: Representatives Murphy of the 18th, Collins of the 144th, Harris of the 8th, and Snow of the 1st: A BILL to amend an Act known as the "Georgia Adminis trative Procedure Act" so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto; and for other purposes. The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: HR 436-1274. By: Representatives Johnston, Tolbert and Butler of the 56th, Lenderman of the 53rd, Noble of the 48th, Hawkins of the 50th, Elliott of the 49th, Clark of the 55th, and others: A RESOLUTION proposing an amendment to the Con stitution so as to provide that each resident of the DeKalb County School Dis trict who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of his spouse and all other members of his family who reside at and occupy his homestead, does not exceed $8,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following report of the Committee of Conference was read: CONFERENCE COMMITTEE REPORT ON HOUSE RESOLUTION NO. 436-1274 The Conference Committee on House Resolution No. 436-1274 recommends that the Senate recede from its position and that House Resolution No. 436-1274 be adopted as it passed the House of Representatives. Respectfully submitted, FOR THE SENATE: James W. Tysinger Senator, 41st District Thomas R. Scott Senator, 43rd District /s/Lawrence Stumbaugh Senator, 55th District FOR THE HOUSE: /s/Cas Robinson Representative, 58th District /s/Mike Lenderman Representative, 53rd District /s/Joe J. Johnston Representative, 56th District Representative Johnston of the 56th moved that the House adopt the report of the Committee of Conference on HR 436-1274. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Anderson, W. Y Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burruss, A.L. Y Burton, J. Y Butler, D. Canty, H. Y Carlisle, J. Y Caraes, C. Carrell, B. Y Canon, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Y Cornell, J. Y Cooper, B. COT, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Poster, P.W. Y Foster, R.L. Y Galer, M. Y Gammage, L. Y Gignilliat, A. Y Glanton, Tom Y Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Hanner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Hawkins, J. Y Hays, F.,Jr. 2876 JOURNAL OF THE HOUSE, Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Irvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(BU1) Y Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Niz, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Patten, G.C. Y Patten, R.L. Y Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y PhiUips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Rainey, H. Y Ralston, E. Y Ramsey, T. Randall, W.C. Y Reaves, H.L. On the motion, the ayes were 147, nays 0. The motion prevailed. Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne^Ir. Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Y Whitmire, D. Y Williams, H.L. Y Williams, R. Y WUliamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto: HB 1324. By: Representatives Murphy of the 18th, Collins of the 144th, Harris of the 8th, and Snow of the 1st: A BILL to amend an Act known as the "Georgia Adminis trative Procedure Act" so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act approved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), so as to change the provisions relative to the notice required prior to the adoption, amendment or repeal of rules; to provide for notification of legislative committees; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended by an Act approved March 26, 1965 (Ga. Laws 1965, p. 283), an Act approved March 10, 1966 (Ga. Laws 1966, p. 333), an Act approved April 14, 1967 (Ga. Laws 1967, p. 618), an Act approved April 21, 1967 (Ga. Laws 1967, p. 893), an Act approved March 5, 1968 (Ga. Laws 1968, p. 115), an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), and an Act approved April 11, 1977 (Ga. Laws 1977, p. 1520), is hereby amended by striking paragraph (1) of subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new paragraph (1) of subsection (a) of Section 4, to read as follows: TUESDAY, MARCH 7, 1978 2877 "(1) Give at least twenty (30) thirty (30) days' notice of its intended action. The notice shall include a an exact copy of the proposed rule. ad the time when, the place wncFG flHd tftc mdnnci* ttt wriicn intcrcstcu porsoRs zxicty present trieIP views tfiercon. It shall also include the exact date on which the agency shall consider the adoption of such rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule is proposed for adoption, and if the proposal is an amendment or repeal of an existing rule such rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rule-making proceed ings and who have tendered the actual cost of such mailing as from time to time esti mated by the agency." Section 2. Said Act is further amended by striking from subsection (b) of Section 4 the word and figure "twenty (20)" and inserting in lieu thereof the word and figure "thirty (30)" so that when so amended subsection (b) shall read as follows: "(b) If any agency finds that an imminent peril to the public health, safety or wel fare (including but not limited to summary processes such as quarantines, contrabands, seizures and the like authorized by law without notice), requires adoption of a rule upon fewer than twenty (30) thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effec tive for a period of not longer than 120 days but the adoption of an identical rule under subsections (a)(l) and (a)(2) of this Section is not precluded." Section 3. Said Act is further amended by striking subsection (d) of Section 4 in its entirety and inserting in lieu thereof a new subsection (d), to read as follows: "(d) No rule hereafter adopted is shall be valid unless adopted in substantial exact compliance with subsections (a) and (e) of this Section and in substantial compliance with the remainder of this Section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this Section must be commenced within two (2) years from the effective date of the rule." Section 4. Said Act is further amended by striking subsection (e) of Section 4 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: "(e) The agencyT within the time limitations provided, shall furnish transmit three copies of the notice prescribed provided for in paragraph (1) of subsection (a) of this Section to the Legislative Counsel. Such copies shall be transmitted at least thirty (30) days prior to the date of the agency's intended action. Within three days after receipt of such copies, if possible, the Legislative Counsel shall furnish the presiding officers of each House with a copy of such notice, and the presiding officers shall assign such notice to the appropriate standing committee in each House for review. In the event a presid ing officer is unavailable for the purpose of making such assignment within such time limitations, the Legislative Counsel shall assign the notice to the appropriate standing committee. Each standing committee of the Senate and the House of Representatives is hereby granted all the rights provided for interested persons and governmental subdivi sions in paragraph (2) of subsection (a) of this Section." Section 5. Said Act is further amended by striking subsection (f) of Section 4 in its entirety and inserting in lieu thereof a new subsection (f), to read as follows: "(f) In the event a standing committee to which a notice is assigned as provided in subsection (e) files an objection to a proposed rule prior to its adoption, and the agency adopts such proposed rule over such objection, such rule may be considered by the branch of the General Assembly whose committee objected to its adoption by the intro duction of a resolution for the purpose of overriding said rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of any agency which adopts a proposed rule over such objection to so notify the presid ing officers of the Senate and the House of Representatives, the chairmen of the Senate and House committees to which such rule was referred and the Legislative Counsel 2878 JOURNAL OF THE HOUSE, within ten days after the adoption of such rule. In the event such resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of such other branch of the General Assembly to have such branch, within five days after the receipt of such resolution, to consider such resolution for the purpose of overriding such rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, such rule shall be void on the day after the adoption of such resolution by the second branch of the General Assembly. In the event the reso lution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Snow of the 1st moved that the House agree to the Senate substitute to HB 1324. On the motion, the roll call was ordered and the vote was as follows: Y Adams, G. Y Adams, Marvin Y Andersen, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y BinUong, K. Y Bishop, S. Bolster, P. Y Bray, C.A. Buck, T.B. Y Burning, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Cames, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Y Clifton, A.D. Coleman, T. Y Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Diion, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Ham, B. Hamilton, G. Banner, B. Y Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F. Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. YKarrh, R. Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, WJ.(BUl) Lenderman, M. Y Under, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. On the motion, the ayes were 143, nays 0. The motion prevailed. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Miltord, B. Y Money, J. Y Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. Y Nessmith, P.E. Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Y Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. YTwiggs, R. Y Vaughn, C.R Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H. Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker HB 1924. By: Representatives Lambert of the 112th, and Carrell of the 75th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alco- TUESDAY, MARCH 7, 1978 2879 holic Beverages and Liquors" so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to require approval of such sales at a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. Laws 1964, p. 771), is hereby amended by adding a new Section, to be known as Section 30A, to read as follows: "Section 30A. (a) Notwithstanding any provision of this or any other law to the con trary and subject to the requirement of a referendum election as provided in subsection (b), the governing authority of any county having a population of not less than 9,705 and not more than 9,905, according to the United States Decennial Census of 1970 or any such future census, and the governing authority of every municipality in each such county through proper resolution or ordinance shall authorize issuance of license to sell distilled spirits or alcoholic beverages by the drink, said sales being for consumption on the premises, provided however, the premises are operated among other things as a res taurant serving food to the general public with said food sales to be in excess of $100,000.00 per year or said premises may be premises of a private nonprofit club which has been in existence at least twelve months. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license provided they meet the criteria herein stated and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Section, including but not limited to the regulation of hours of business, number and types of employees, and other matters which may fall within the police powers of such counties and municipalities. (b) No county or municipality shall be authorized to issue a license pursuant to the provisions of this Section unless the issuance of such licenses is approved by the voters of the county at a referendum election held for such purpose. The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county elections superintendent of the governing authority's decision as to the date. It shall be the elections superintendent's duty to issue the call for the election and to specify that the election shall be held on the date determined by the county governing authority. The elections superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of said county. The ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall the issuance to certain restaurants and organizations of licenses to sell distilled spirits by the drink be approved?' All persons desiring to vote in favor of issuance of the licenses shall vote 'Yes', and those persons opposed to issuance of the licenses shall vote 'No'. If more than one-half 2880 JOURNAL OF THE HOUSE, of the votes cast on such question are in favor of issuance of the licenses, then the licenses may be issued in accordance with the provisions of this Section, otherwise the licenses may not be issued and the question of the issuance of the licenses may not again be submitted to the voters of said county within 24 months immediately following the month in which such election was held. It shall be the duty of the county elections superintendent to hold and conduct such election under the same rules and regulations as govern special elections, except as otherwise provided herein. It shall be his further duty to canvass the returns and declare and certify the result of the election and to cer tify the result thereof to the Secretary of State and to the State Revenue Commissioner. The expense of any such election shall be borne by the county wherein the election was held. (c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this Section, and the person or persons so licensed under this Section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale." Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Lambert of the 112th moved that the House agree to the Senate sub stitute to HB 1924. On the motion, the ayes were 103, nays 0. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate: SB 445. By: Senators Johnson of the 34th, Barnes of the 33rd, and Allgood of the 22nd: A BILL to amend an Act to comprehensively and exhaustively revise, super sede, and modernize appellate and other posttrial procedure in civil and crimi nal cases, approved February 19, 1965, so as to provide that the notice of appeal shall not serve as a supersedeas in child custody and habeas corpus cases; to provide an effective date; and for other purposes. The following Bill and Resolution of the House were taken up for the purpose of con sidering the Senate amendment or substitute thereto: HB 1303. By: Representative Taggart of the 125th: A BILL to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liq uors" so as to provide for surety bonds for alcoholic beverage licensees; to pro vide an effective date; and for other purposes. The following Senate substitute was read: A BILL To amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws, Ex. Sess., 1937-38, p. 103), as amended, so as to provide for surety bonds for alcoholic beverage licensees; to authorize the storage of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, TUESDAY, MARCH 7, 1978 2881 in federally licensed and regulated foreign trade zones; to authorize any public or private corporation which has been granted the privilege of establishing, operating or maintaining a foreign trade zone to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; to prohibit the sale at retail of alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, in federally licensed and regulated foreign trade zones; to amend an Act to provide for license and excise taxes upon the business of dealing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, so as to define "broker" and "importer"; to provide that importers shall be licensed and bonded in the same manner as wholesale dealers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws, Ex. Sess., 1937-38, p. 103), as amended, is hereby amended by striking from the first sentence of Section 10 the word: "Retailers", and inserting in lieu thereof the words: "Retailers and consumption on premises licensees", so that when so amended Section 10 shall read as follows: "Section 10. Before any license is granted, applicant must file with the Revenue Com missioner corporate surety bond in a surety company licensed to do business in the State of Georgia, conditioned to pay all taxes due the State of Georgia, in amounts as follows: Distillers--ten thousand ($10,000.00) dollars; Wholesalers--five thousand ($5,000.00) dollars; Retailers Retailers and consumption on premises licensees--twenty-five hundred ($2,500.00) dollars; said bonds to be approved by the Revenue Commissioner and shall be executed on forms as may be prescribed by said Commissioner. Said bonds shall be of form prescribed by the State Revenue Commissioner and shall be conditioned, among other things, that the applicant when granted a license to sell distilled spirits and alcohol, shall pay all sums due the State and comply with all the rules and regulations governing the sale of distilled spirits or alcohol, and such other conditions as the State Revenue Commissioner may require in his rules and regulations." Section 2. Said Act is further amended by renumbering Section 33 as Section 34 and by adding a new Section 33, to read as follows: "Section 33. Notwithstanding any other provisions of this Act or other laws to the contrary, any public or private corporation which has been granted the privilege of establishing, operating and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an Act of Congress, approved June 18, 1934, entitled 'An Act to provide for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce and for other purposes.', shall, until the termination of such privilege, be authorized to store alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating or maintaining a foreign trade zone shall also be authorized to distribute alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, to destinations outside the State of Georgia; provided, however, nothing herein shall authorize the sale at retail of any alcoholic beverages, including spirituous liquors, distilled spirits and alcohol, within the boundaries of a foreign trade zone if the stile would otherwise be prohibited by the laws of this State." Section 3. An Act to provide for license and excise taxes upon the business of deal ing in malt beverages, approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, is hereby amended by adding to the end of Section 4 the following: "'Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, importer or whole saler without having custody of such malt beverages or without maintaining a stock of such malt beverages. 'Importer' means any person who imports malt beverages into the 2882 JOURNAL OF THE HOUSE, State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such 'importers' shall be licensed and bonded in the same manner as wholesale dealers.", so that when so amended, Section 4 shall read as follows: "Section 4. Be it further enacted by the authority aforesaid, that 'malt beverages' shall be defined to mean fermented beverages made whole or in part from malt, or any simi lar fermented beverage. But no such malt beverages shall be sold under the provisions of this Act which contain more than six (6%) percent of alcohol by volume. 'Brewers' are persons who manufacture malt beverages. 'Wholesale Dealers' are persons other than brewers who sell malt beverages to retail dealers or for the purpose of resale only. 'Retail Dealers' are persons other than wholesale dealers or brewers who sell malt beverages irrespective of the quantities sold. The word 'person' means an individual, firm, partner ship, association, corporation or other group of persons acting as a unit. 'Broker' means any person who purchases or obtains malt beverages from an importer or brewer and sells such malt beverages to another broker, imp orter or wholesaler without having custody of s_uc_h m_a_lt bever; es or without maintaining a stock of such malt beverages. 'Importer' means any person who imports malt beverages into the State from a foreign country and sells such malt beverages to other importers, brokers or wholesalers and who maintains a stock of such malt beverages. Such 'importers' shall be licensed and bonded in the same manner as wholesale dealers." Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Representative Carnes of the 43rd moved that the House agree to the Senate substi tute to HB 1303. On the motion, the roll call was ordered and the vote was as follows: Adams, G. N Adams, Marvin Y Anderson, W. Argo, B. Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. YBeckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Bolster, P. Bray, C.A. Buck, T.B. Y Burruss, A.L. N Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. N Childers, E.M. Y Chads, P. Clark, Betty N Clark, L. Y Clifton, A.D. Coleman, T. Collins, M. Colwell, C.H. Cornell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Diion, H.D. Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Greer, J.W. Ham, B. Hamilton, G. Y Manner, B. Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Hays, F.,Jr. Y Hill, B.L. Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. NIrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Johnston, J. Y Jones, B. Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Lane, WJ. Y Lee, WJ.(Bill) Lenderman, M. Y Linder, J. Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Marcus, S.J. Matthews, D.R. McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. N Mostiler, J.L. Y Mullinai, E.G. Y Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Y Oldham, L. Owens, R.D. Y Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Phillips, L.L. Y Phillips, R.T. Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. N Ralston, E. Y Ramsey, T. Y Randall, W.C. Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Rons. Ben B. Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Scott, A. Y Scott, D. Y Sizemore, E. N Smith, V.B. Y Smyre, C. Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. NTwiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Y Watson, R.H.Jr. Wheeler, Bobby White, J. Y Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker TUESDAY, MARCH 7, 1978 2883 On the motion, the ayes were 112, nays 13. The motion prevailed. HR 456-1312. By: Representative Horton of the 43rd: A RESOLUTION compensating Mrs. Herbert C. Millkey, Sr.; and for other purposes. The following Senate amendment was read: The Senate offers the following amendment: Amend HR 456-1312 by striking on page 1, line 22, the figure "2,871", and inserting in lieu thereof, the figure "181.00". Representative Horton of the 43rd moved that the House disagree to the Senate amendment to HR 456-1312. The motion prevailed. The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House: HB 543. By: Representatives Patten and Veazey of the 146th, Hudson of the 137th, Culpepper of the 98th, Karrh of the 106th, Ham of the 80th, Keyton of the 143rd, Reaves of the 147th, and others: A BILL to amend Code Chapter 61-4, relating to distress warrants, as amended, so as to provide that mobile homes shall be included within the goods and property of tenants subject to distress warrant proceedings; and for other purposes. The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House: HR 459-1312. By: Representative Adams of the 36th: A RESOLUTION changing the scheduled termination date of the State Building Administrative Board; and for other purposes. Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time: SB 424. By: Senators Kidd of the 25th, Lester of the 23rd, Brown of the 47th and Riley of the 1st: A BILL to amend Code Section 88-1803, relating to creation of hospital authorities, so as to provide for the filling of vacancies on certain authorities; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 2884 JOURNAL OF THE HOUSE, Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. N Beckham, B. Y Benefield, J. Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Burruss, AX. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Cames, C. Carrell, B. Y Cason, G. Y Castleberry, D. Y Chance, G. Y Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Y Coleman, T. Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. N Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. Y Ham, B. Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, F.,Jr. Y Hill, B.L. Y Holmes, Bob Y Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Ylrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy N Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. McKinney, J.E. Y Milford, B. Y Money, J. Y Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Y Rainey, H. Y Ralston, E. Y Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Roes, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. Y Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Y Smyre, C. Y Snow, Wayne,Jr. Y Steinberg, C. Y Stone, R. Y Swann, D. Y Taggart, T. Y Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Y Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. N Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Waddle, T.W. Y Walker, L. Y Wall, V. Y Ware, J.C. Y Watkins, L. Watson, R.H.,Jr. Wheeler, Bobby Y White, J. Y Whitmire, D. Williams, H.L. N Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Y Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 142, nays 5. The Bill, having received the requisite constitutional majority, was passed. SR 247. By: Senators Ballard of the 45th, Tysinger of the 41st, Pearce of the 16th and others: A RESOLUTION changing the scheduled termination date of the State Building Administrative Board; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows: Y Adams, G. Y Adams, Marvin Y Andereon, W. Y Argo, B. Y Auten, D. Y Balkcom, R. Y Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. Y Benefield, J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. Y Bray, C.A. Buck, T.B. Y Bumiss, A.L. Y Burton, J. Y Butler, D. Canty, H. Carlisle, J. Y Cames, C. Carrell, B. Y Cason, G. Y Castleberry, D. Chance, G. Childers, E.M. Y Childs, P. Y Clark, Betty Y Clark, L. Clifton, A.D. Coleman, T. Y Collins, M. Colwell, C.H. Connell, J. Y Cooper, B. Y Cox, W.E. Y Crosby, T. Y Culpepper, B. Y Daniel, G. Y Daugherty, J.C. Y Davis, B. Dean, D.C. Y Dent, R.A. Y Deveaui, C. Dixon, H.D. Y Dover, Bill Y Edwards, W. Y Elliott, E.H. Y Evans, W.D. Y Felton, D. Y Foster, P.W. Y Foster, R.L. Y Galer, M. Gammage, L. Y Gignilliat, A. Y Glanton, Tom Glover, M. Y Greene, J. Y Greer, J.W. YHam, B. Y Hamilton, G. Y Hanner, B. Y Harris, B.B.,Sr. Y Harris, J.F. Y Harrison, C. Y Hatcher, C.F. Y Hawkins, J. Y Hays, FJr. Hill, B.L. Y Holmes, Bob Home, F. Y Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. Y Jrvin, R. Y Isakson, J. Y Jackson, J.D. Y Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. Y Johnston, J. Y Jones, B. Y Jones, Herb Y Kaley, M. Y Karrh, R. Y Kemp, R. Y Keyton, J.W. Y Kilgore, T.M. Y Knight, N.G. Y Lambert, Roy Y Lane, Dick Y Lane, W.J. Y Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. Y Long, W.K. Y Looper, M. Y Lord, J. Y Lucas, D.E. TUESDAY, MARCH 7, 1978 2885 Y Mann, C.C. Y Marcus, S.J. Y Matthews, D.R. Y McCollum, H. Y McDonald, L. Y McKinney, J.E. Y Milford, B. Y Money, J. Mostiler, J.L. Y Mullinax, E.G. Y Murray, B. Y Nessmith, P.E. Y Nichols, M. Y Nil, K. Y Noble, Bill Oldham, L. Y Owens, R.D. Y Parham, B.E. Y Patten, G.C. Y Patten, R.L. Peters, R.G. Y Phillips, L.L. Y Phillips, R.T. Y Phillips, W.R. Y Pilewicz, G. Pinkston, F.C. Rainey, H. Y Ralston, E. Ramsey, T. Y Randall, W.C. Y Reaves, H.L. Y Richardson, E. Y Robinson, C. Y Ross, Ben B. Y Rowland, J.R. Y Rush, Dewey Y Russell, J. Y Savage, J. N Scott, A. Y Scott, D. Y Sizemore, E. Y Smith, V.B. Smyre, C. Y Snow, WayneJr. Y Steinberg, C. Y Stone, R. Y Swann, D. Taggart, T. Thompson, A.W. Y Tolbert, T. Toles, E.B. Y Townsend, K.V. Triplett, Tom Y Truluck, R. Y Tucker, R.M. Y Tuten, J. Y Twiggs, R. Y Vaughn, C.R. Y Veazey, M. Y Waddle, T.W. Y Walker, L. Y Wall, V. Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. Whitmire, D. Williams, H.L. Y Williams, R. Y Williamson, G. Y Wilson, J.M. Y Wood, J. Wood, J.T. Mr. Speaker On the adoption of the Resolution, the ayes were 144, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. SB 528. By: Senator McGill of the 24th: A BILL to amend an Act known as the "Motor Vehicle Certificate of Title Act", approved March 7, 1961, so as to exclude cer tain vehicles ten or more years old from the operation of the Act; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe Y Baugh, W.E. N Beck, J.M. N Beckham, B. N Benefield, J. Birdsong, K. N Bishop, S. Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. Canty, H. Carlisle, J. Y Games, C. Carrell, B. N Cason, G. Castleberry, D. Chance, G. N Childere, E.M. N Childs, P. N Clark, Betty N Clark, L. Y Clifton, A.D. N Coleman, T. Colling. M. Colwell, C.H. Connell, J. Y Cooper, B. N Coi, W.E. Y Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. Y Davis, B. Dean, D.C. N Dent, R.A. N Deveaui, C. Dixon, H.D. Dover, Bill Y Edwards, W. Elliott, E.H. Evans, W.D. N Felton, D. Y Foster, P.W. Y Foster, R.L. N Galer, M. N Gammage, L. Gignilliat, A. N Glanton, Tom N Glover, M. N Greene, J. Greer, J.W. N Ham, B. Hamilton, G. N Banner, B. N Harris, B.B.,Sr. Harris, J.F. Y Harrison, C. Y Hatcher, C.F. N Hawking, J. Y Hays, F.,Jr. Hill, B.L. N Holmes, Bob Y Home, F. N Horton, G.T. Y Housley, E. Y Hudson, Ted Y Hutchinson, R.S. Ylrvin, J. NIrvin, R. Y Isakson, J. N Jackson, J.D. N Jessup, Ben N Johnson, G. N Johnson, P. N Johnson, W.Rud. N Johnston, J. Y Jones, B. N Jones, Herb Y Kaley, M. N Karrh, R. Y Kemp, R. N Keyton, J.W. N Kilgore, T.M. N Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) Lenderman, M. Y Linder, J. Y Logan, H. N Long, W.K. Y Looper, M. N Lord, J. N Lucas, D.E. Y Mann, C.C. Marcus, S.J. Y Matthews, D.R. N McCollum, H. N McDonald, L. Y McKinney, J.E. Y Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. Y Murray, B. N Nessmith, P.E. N Nichols, M. Y Nix, K. Noble, Bill N Oldham, L. Y Owens, R.D. N Parham, B.E. N Patten, G.C. N Patten, R.L. Y Peters, R.G. Y Phillips, L.L. N Phillips, R.T. N Phillips, W.R. N Pilewicz, G. Y Pinkston, F.C. Rainey, H. N Ralston, E. N Ramsey, T. N Randall, W.C. N Reaves, H.L. N Richardson, E. N Robinson, C. Y Roes, Ben B. N Rowland, J.R. N Rush, Dewey Y Russell, J. N Savage, J. N Scott, A. N Scott, D. N Sizemore, E. N Smith, V.B. N Smyre, C. Y Snow, Wayne,Jr. N Steinberg, C. Y Stone, R. N Swann, D. Taggart, T. N Thompson, A.W. N Tolbert, T. Toles, E.B. N Townsend, K.V. N Triplett, Tom N Truluck, R. Y Tucker, R.M. N Tuten, J. N Twiggs, R. Y Vaughn, C.R. N Veazey, M. N Waddle, T.W. Y Walker, L. N Wall, V. Ware, J.C. N Watkins, L. N Watson, R.H.A. Wheeler, Bobby White, J. N Whitmire, D. Y Williams, H.L. N Williams, R. Williamson, G. Y Wilson, J.M. N Wood, J. N Wood, J.T. Mr. Speaker On the passage of the Bill, the ayes were 45, nays 100. The Bill, having failed to receive the requisite constitutional majority, was lost. 2886 JOURNAL OF THE HOUSE, SB 529. By: Senator Scott of the 43rd: A BILL to amend an Act known as the "Adequate Program for Education in Georgia Act", approved March 26, 1974, so as to change the provisions relating to the allotment of elementary instructional spe cialists and the amount of funds needed for payment of salaries of such per sonnel; and for other purposes. The following amendment was read: Representatives Harrison, Nix, and Isakson of the 20th, Robinson of the 58th, Housley of the 21st, Cooper and Wilson of the 19th and Glanton and Johnson of the 66th move to amend SB 529 as follows: By adding in the title on line 7 of page 1 immediately preceding the words "to repeal", the following: "to allow local boards of education to admit children five years of age into the first grade under certain conditions; to provide procedures connected therewith;". By renumbering Section 2 on page 2 as Section 3 and inserting a new Section 2 to read as follows: "Section 2. Said Act is further amended by adding at the end of Section 4 a new subsection (c) to read as follows: '(c) Notwithstanding the above to the contrary, each local board of education shall be permitted to allow children five years of age to enter the first grade provided appropriate tests are administered to measure the abilities, perception, language and visual motor coordination of the children and only those children who shall be deemed capable and competent to successfully enter and complete the first year of the educa tional process shall be entitled to enroll in the local system's general education pro gram. The cost of such tests shall be paid by the parents of said children.'" On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Adams, G. N Adams, Marvin N Anderson, W. N Argo, B. Auten, D. N Balkcom, R. Y Bargeron, E. N Battle, Joe N Baugh, W.E. N Beck, J.M. NBeckham, B. Y Benefield. J. Y Birdsong, K. Y Bishop, S. Y Bolster, P. N Bray, C.A. N Buck, T.B. Burruss, A.L. N Burton, J. Y Butler, D. Y Canty, H. N Carlisle, J. N Carnes, C. Carrell, B. N Cason, G. Castleberry, D. N Chance, G. Y Childen, E.M. Y Childs, P. N Clark, Betty N Clark, L. N Clifton, A.D. N Coleman, T. N Colling, M. N Colwell, C.H. Connell, J. Y Cooper, B. Y Coi, W.E. N Crosby, T. N Culpepper, B. N Daniel, G. Daugherty, J.C. N Davis, B. Y Dean, D.C. N Dent, R.A. Y Deveaux, C. Dixon, H.D. Y Dover, Bill Edwards, W. N Elliott, E.H. N Evans, W.D. N Felton, D. N Foster, P.W. Y Foster, RL. Y Galer, M. N Gammage, L. N Gignffliat, A. Y Glanton, Tom N Glover, M. N Greene, J. N Greer, J.W. NHam, B. N Hamilton, G. N Hanner, B. N Harris, B.B.,Sr. N Harris, J.F. Y Harrison, C. N Hatcher, C.F. Y Hawkins, J. N Hays, F.Jr. Hill, B.L. Y Holmes, Bob Y Home, F. Horton, G.T. Y Housley, E. N Hudson, Ted N Hutchinson, R.S. Irvin, J. Ylrvin, R Y Isakson, J. N Jackson, J.D. N Jessup, Ben Y Johnson, G. Y Johnson, P. Y Johnson, W.Rud. N Johnston, J. N Jones, B. N Jones, Herb Y Kaley, M. YKarrh, R Kemp, R N Keyton, J.W. Y Kilgore, T.M. N Knight, N.G. Lambert, Roy N Lane, Dick N Lane, W.J. N Lee, W.J.(Bill) 'Lenderman, M. N Linder, J. N Logan, H. N Long, W.K. Looper, M. Y Lord, J. Y Lucas, D.E. N Mann, C.C. Y Marcus, S.J. N Matthews, D.R N McCollum, H. Y McDonald, L. Y McKinney, J.E. N Milford, B. N Money, J. N Mostiler, J.L. N Mullinax, E.G. N Murray, B. N Nessmith, P.E. Y Nichols, M. Y Nil, K. Noble, Bill Y Oldham, L. N Owens, RD. N Parham, B.E. N Patten, G.C. N Patten, RL. Peters, RG. N Phillips, L.L. N Phillips, RT. N Phillips, W.R Y Pilewicz, G. Pinkston, F.C. Rainey, H. N Ralston, E. N Ramsey, T. Y Randall, W.C. N Reaves, H.L. Y Richardson, E. Y Robinson, C. N Ross, Ben B. N Rowland, J.R N Rush, Dewey N Russell, J. N Savage, J. N Scott, A. Y Scott, D. N Sizemore, E. Smith, V.B. Smyre, C. N Snow, Wayne.Jr. Y Steinberg, C. N Stone, R. N Swann, D. Taggart,T. Thompson, A.W. Y Tolbert, T. TUESDAY, MARCH 7, 1978 2887 Tolw, E.B. N Townsend, K.V. Y Triplett, Tom N Truluck, R. Y Tucker, R.M. N Tuten, J. NTwiggs, R. N Vaughn, C.R. N Veazey, M. N Waddle, T.W. N Walker, L. N Wall, V. N Ware, J.C. Y Watkins, L. Y Watson, R.H.,Jr. Wheeler, Bobby White, J. N Whitmire, D. N Williams, H.L. N Williams, R. On the adoption of the amendment, the ayes were 51, nays 102. The amendment was lost. N Wffliamson, G. Y Wilson, J.M. Y Wood, J. N Wood, J.T. Mr. Speaker The following amendment was read and adopted: Representative Mostiler of the 71st moves to amend S. B. 529 as follows: By inserting following the word "arts" on line 17 of page 1 and on line 1 of page 2 the following: ", music". An amendment, offered by Representative Childs of the 51st, was read and lost. Representative Rush of the 121st moved that SB 529 and all amendments thereto be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: N Adams, G. Y Adams, Marvin Y Anderson, W. N Argo, B. Y Auten, D. Y Balkcom, R. N Bargeron, E. Y Battle, Joe Y Baugh, W.E. Y Beck, J.M. Y Beckham, B. N Benefield, J. N Birdsong, K. N Bishop, S. N Bolster, P. N Bray, C.A. Buck, T.B. Burruss, A.L. N Burton, J. N Butler, D. N Canty, H. Y Carlisle, J. N Carnes, C. Carrell, B. Y Cason, G. Castleberry, D. Y Chance, G. N Childen, E.M. N Childs, P. N Clark, Betty Y Clark, L. N Clifton, A.D. Y Coleman, T. Collins, M. Y Colwell, C.H. Connell, J. Y Cooper, B. N C