Journal of the House of Representatives of the State of Georgia at the extraordinary session commenced at Atlanta, Tuesday, August 3, 1982 and adjourned Sunday, August 8, 1982

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Tuesday, August 3, 1982 and adjourned Sunday, August 8, 1982

TUESDAY, AUGUST 3, 1982

2817

HOUSE JOURNAL
Representative Hall, Atlanta, Georgia
Tuesday, August 3, 1982
Pursuant to the call of His Excellency, Governor George Busbee, the House met in extraordinary session at 2:00 o'clock, P.M., this day and was called to order by the Honorable Thomas B. Murphy, Speaker of the House of Representatives.
Prayer was offered by the Reverend L. G. Gilstrap, Pastor, Lanierland Christian Center, Murrayville, Georgia.
The following proclamation was read:
EXECUTIVE DEPARTMENT THE STATE OF GEORGIA PROCLAMATION
WHEREAS: Article V, Section II, Paragraph III of the Constitution empowers the Governor to convoke the General Assembly on extraordinary occasions to attend called sessions of the General Assembly for the purpose of considering the enactment of legislation specified by the Governor; and
WHEREAS: The following specified objective is hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1983:
The alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter.
NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE,
do hereby convoke and call a meeting of the General Assembly of the State of Georgia to convene in extraordinary session at 2:00 P.M., on Tuesday, August 3, 1982, for the purpose of considering the enactment of legislation to accomplish the hereinabove specified objective.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 2nd day of, August, 1982.
/s/George Busbee GOVERNOR
BY THE GOVERNOR /s/Tom Perdue
Secretary, Executive Department
The following communication was received and read:

2818

JOURNAL OF THE HOUSE,

Secretary of State 214 State Capitol
Atlanta 30334
May 14, 1982
Honorable Glenn W. Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Sir:
I am transmitting herewith the name of the Representative elected in the May 11, 1982 Special Runoff Election for the office of State Representative in the General Assembly of Georgia from the 42nd District, as the same appears from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Sincerely yours, /s/ David B. Poythress
Secretary of State
DBP:fsd:de Enclosure

State of Georgia Office of Secretary of State
I, David B. Poythress, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 27th day of April, 1982, in District 42 of the State House of Representatives, Fulton County, to fill the vacancy caused by the death of the Honorable Virlyn B. Smith, show the following results:
Bill Griggers----------------------------------------------------------------------------463 Lee N. Howell--------------------------------------------------------------------266 Rulon Johnson------------------------------------------------------------------------539 Helen Bomar Selman----------------------------------------------------------------1052
Inasmuch as no candidate received a majority of the votes cast, a Special Runoff Election was held on May 11, 1982 and the consolidated returns on file in this office show the fol lowing results:
Rulon Johnson------------------------------------------------------------------------586 Helen Bomar Selman----------------------------------------------------------------1358
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 14th day of May, in the year of our Lord One Thousand Nine Hundred and Eighty-Two and the Independence of the United States of America the Two Hundred and Sixth.
/s/ David B. Poythress Secretary of State. (SEAL)

TUESDAY, AUGUST 3, 1982

2819

The following communication and oath of office were received and read:
Secretary of State 214 State Capitol
Atlanta 30334
This is to certify that I, Glenn W. Ellard, Clerk of the House of Representatives of the State of Georgia, have received from the Secretary of State, David B. Poythress, the fol lowing document:
Certification of the consolidated returns for the special election held on April 27, 1982 and the special runoff election held on May 11, 1982 to fill the vacancy in the State House of Representatives, District 42.
This, the 19th day of May, 1982.
/s/ Glenn W. Ellard Clerk of the House of Representa tives State of Georgia

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office or trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia, and that I am not a member of the Communist Party.
So help me God.
/s/ Helen Selman
Sworn to and subscribed before me, this 19th day of May, 1982.
/s/Harold G. Clarke Judge, Supreme Court of Georgia

The following communication was received and read:

House of Representatives Atlanta, Georgia
May 19, 1982
Honorable Glenn Ellard, Clerk Georgia House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Glenn:
I am this date appointing Representative Helen Selman to serve on the following commit tees of the House:

2820

JOURNAL OF THE HOUSE,

Health and Ecology Industry Journals
Your attention to the above matter will be greatly appreciated.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:lj
Honorable David Poythress, Secretary of State Honorable Sidney Marcus, Chmn., Health & Ecology Honorable Bubba McDonald, Chmn., Industry Honorable Billy Milford, Chmn., Journals Honorable Cary Bond, Legislative Fiscal Officer Honorable Frank Edwards, Legislative Counsel Honorable Helen Selman, Representative, Dist. 42 House Information & Communications Office
The roll was called and the following Representatives answered to their names:

Aaron
Adams.G
Adams,J Adams,M Aiken
Anderson
Argo
Auten
Balkcom
Baugh Beck Benefield
Benn
Birdsong
Bishop
Branch Bray Brooks Buck Burruss Burton Byrd Cason Castleberry
Chamberlin
Chambless
Chance Cheeks
Childers Childs Clark.B
Colbert

Collins Colwell Connell Couch Cox
Crawford Crosby
Cummings Darden Daugherty Davis.B
Davis,J Davis.L Dean Dobbs Dover Edwards Elliott
Evans
Felton Fortune Foster Fuller.C Galer Ginsberg
Godbee Greer Ham
Hamilton
Manner
Harris
Harrison

Hasty
Hawkins
Hays
Hill Holmes Hooks Hutchinson Irvin Isakson Jackson,J
Jackson.N Jackson.W Johnson.G Johnson.R Jones,B Jones,H Karrh Kemp Kilgore Lambert
Lane,D Lane.R
Lawson Lee Logan Long Lowe Lucas
Mangum
Mann
Marcus
Martin

Matthews McCollum McDonald McKinney Miles Milford
Montgomery
Moody Moore Mostiler Muliinax
Nicholson Nix Oliver Padgett Patten
Perry Peters Phillips.B Phillips.L.L Phillips.R.T Phillips.W.R Pilewicz
Pinks ton
Rainey Reaves Richardson Robinson Rose Ross Russell

Savage Scott.A Scott,D Selman Shepard
Sherrod Sizemore Snow Steinberg
Swann Thomas Thompson
Triplett
Tuten Vandiford
Vaughn Veazey Waddle Walker Wall Ware
Watson White Widener Williams.B.J Williams.R Wilson
Wood,J Wood,J.T
Workman
Speaker Murphy

The Honorable Thomas B. Murphy, Speaker of the House of Representatives, deliv ered the following address:

This extraordinary session of the General Assembly was necessitated by the fact that the Justice Department and the federal courts rejected our previous reapportionment efforts as they pertain to the fourth and fifth congressional districts. Our task is to redefine the boundaries of these two congressional districts by August 11. My goal is to see that we are adjourned sine die by Saturday the seventh.
I don't care to be here any more than you do, but quite frankly we have no choice. I am only too aware that all 180 seats in the House of Representatives and all 56 seats in the Senate are up for reelection this year.

TUESDAY, AUGUST 3, 1982

2821

My personal request to each of you is that you put aside your individual politics and your individual feelings. Let's do the business we were called to do and not allow this session to degenerate into name-calling, petty politics, and grandstanding.
We are not here to redistrict the 4th and 5th so as to enhance the future political career of anyone nor to harm the future political career of anyone. I detest the fact that there are those who are attempting to make personal gain from these proceedings, but that is a fact of life that those of us in public office continually deal with.
I ask that each of you give prayerful and careful thought to determine what is right, and then as a body do it. I want it to be said and remembered that the House of Representa tives rose to the occasion as statesmen, not as politicians.
Thank you for being here today and for disrupting your personal plans so that you could be about the people's business.

The following Resolutions of the House were read and adopted:

HR 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th, Burruss of the 21st, Lee of the 72nd, and Edwards of the 110th:

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in extraordinary session pursuant to the call of His Excellency, Governor George D. Busbee, and is now ready for the transaction of business.

HR 2 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th, Burruss of the 21st, Lee of the 72nd, and Edwards of the 110th:

A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a Commit tee of fourteen, seven from the House of Representatives to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to notify His Excellency, Governor George D. Busbee, that the General Assembly has convened in extra ordinary session pursuant to the call of the Governor and is now ready for the transaction of business.

Pursuant to the provisions of HR 2 Ex, the Speaker appointed as a Committee on the part of the House the following members:
Representatives Lee of the 72nd, Benn of the 38th, Balkcom of the 140th, Adams of the 36th, Lane of the 81st, Burruss of the 21st, and Lambert of the 112th.

HR 3 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th, Burruss of the 21st, Lee of the 72nd, and Edwards of the 110th:

A RESOLUTION Adopting the Rules of the House of Representatives; and for other purposes.

2822

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1982 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Repre sentatives for the extraordinary session of the General Assembly convened on August 3, 1982.

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 2 Ex. By: Senators Holloway of the 12th, Allgood of the 22nd, and Eldridge of the 7th: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.

Representative Dean of the 29th arose to a point of personal privilege and addressed the House.

Representative Wall of the 61st arose to a point of personal privilege and addressed the House.-

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

HR 4 Ex. By: Representative Wall of the 61st:

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 57 is amended by adding at the end of Rule 57 a new sentence to read as follows:
"Any member, who is absent as a result of his being incarcerated in a prison, jail, or other detention facility, shall not be entitled to any per diem allowances for any such session of the House."

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 House:

HR 2 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th, and others: A RESOLUTION to notify the Governor that the General Assembly has convened.

The President has appointed as a Committee on the part of the Senate the following:
Senators Eldridge of the 7th, Holloway of the 12th, Allgood of the 22nd, Starr of the 44th, Coverdell of the 40th, Bond of the 39th, and Hudson of the 35th.

TUESDAY, AUGUST 3, 1982

2823

The following Resolution of the House was read and adopted:

HR 5 Ex. By: Representatives Ham of the 80th, Harris of the 8th, Evans of the 84th, Jones of the 78th, Jackson of the 77th, and others:

A RESOLUTION
Relative to the administration and regulation of state correctional programs and insti tutions; and for other purposes.
WHEREAS, certain federal courts have issued directives to various state corrections departments relative to the conditions of state prisons and improvements to be made therein; and
WHEREAS, compliance with these directives often entails major state expenditures; and
WHEREAS, as the result of a federal court order, the Georgia Department of Offender Rehabilitation has spent, from 1978 to the present time, approximately nine mil lion dollars for improvements at the Georgia State Prison at Reidsville; and
WHEREAS, state corrections departments should be allowed greater flexibility in administering their correctional programs and penal institutions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body do urge the members of the federal judiciary to return the administration and regulation of state correctional programs and institutions to the various states and do specifically urge the passage of federal legislation allowing state regulation of the working conditions of state prisoners.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation.

Representative Bishop of the 94th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read:

HR 6 Ex. By: Representatives Bishop of the 94th, Daugherty of the 33rd, Phillips of the 59th, Wall of the 61st, White of the 132nd, and Martin of the 60th:

A RESOLUTION
Relative to the called extraordinary session of the Georgia General Assembly on August 3, 1982; and for other purposes.
WHEREAS, the United States Attorney General refused preclearance of Act No. 5 of the 1981 extraordinary session of the Georgia General Assembly upon his finding that the Fourth and Fifth Congressional Districts violated the Voting Rights Act of 1965; and
WHEREAS, the State of Georgia sought a declaratory judgment from the United States District Court for the District of Columbia that Act No. 5 of the 1981 extraordinary session of the Georgia General Assembly, which is the plan for reapportionment of the state's congressional districts, does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race; and
WHEREAS, on July 22, 1982, the United States District Court for the District of Columbia enjoined the State of Georgia from implementing Act No. 5 in any fashion inso far as it affects the Fourth and Fifth Congressional Districts; and

2824

JOURNAL OF THE HOUSE,

WHEREAS, the federal court further ordered that on or before August 11, 1982, the state shall submit to the court for its approval a reapportionment of the Fourth and Fifth Congressional Districts; and
WHEREAS, the Governor of the State of Georgia, Honorable George Busbee, has called a meeting of the Georgia General Assembly to convene in extraordinary session at 2:00 P.M. on August 3, 1982, for the purpose of altering the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter; and
WHEREAS, as a result of the language in the proclamation of the Governor calling the extraordinary session of the Georgia General Assembly and the restrictions on the nature of legislation which the General Assembly can pass at an extraordinary session pur suant to Article V, Section II, Paragraph III of the State Constitution, the General Assem bly is limited to changing only the boundaries of the Fourth and Fifth Congressional Districts; and
WHEREAS, in changing the Fourth and Fifth Congressional Districts, the General Assembly may wish to make adjustments in other congressional districts to reflect the wishes of the citizens of this state as well as to adhere to traditional guidelines for reap portionment; and
WHEREAS, the General Assembly is not otherwise precluded by law from altering other congressional districts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body do hereby emphatically request that the Governor amend the proclamation calling for an extraordinary session of the Georgia General Assembly in order that the General Assembly can comprehensively address reapportion ment of all the state's congressional districts to reflect adequately the wishes of the citi zens of this state and to adhere to traditional guidelines for reapportionment.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Honorable George Busbee, Governor of the State of Georgia.

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

N Aaron
N Adams.G N Adams,J N Adams.M N Aiken N Anderson Y Argo N Auten N Balkcom
Bargeron N Baugh
Beal N Beck N Benefield YBenn N Birdsong Y Bishop
Bolster N Branch N Bray Y Brooks N Buck N Burruss N Burton NByrd N Cason

Castleberry N Chamberlin
Chambless N Chance N Cheeks N Childers
Childs Y Clark.B
Clark.L N Colbert
Coleman N Collins N Colwell N Connell Y Couch NCox N Crawford N Crosby
Culpepper N Cummings N Darden Y Daugherty N Davis.B N Davis.J N Davis.L YDean

Dent Dixon N Dobbs N Dover N Edwards Y Elliott N Evans
N Felton N Fortune N Foster Y Fuller.C N Galer Y Ginsberg
Glover
N Godbee N Greer
YHam N Hamilton N Hanner
N Harris N Harrison N Hasty N Hawkins NHays Y Hill Y Holmes

N Hooks N Home N Hutchinson N Irvin N Isakson
N Jackson.J N Jackson,N N Jackson, W
Jessup N Johnson,G N Johnson.R N Jones.B N Jones.H N Karrh N Kemp N Kilgore N Lambert Y Lane.D N Lane.R N Lawson N Lee Y Logan
Long Lord Y Lowe Y Lucas

N Mangum N Mann N Marcus Y Martin N Matthews
Y McCollum McDonald McKinney
N Miles N Milford N Montgomery N Moody N Moore N Mostiler N Mullinax N Nicholson NNix N Oliver N Padgett
Parham N Patten N Perry N Peters N Phillips.B N Phillips.L.L
Phillips.R.T

TUESDAY, AUGUST 3, 1982

2825

N Phillips.W.R N Pilewicz N Pinkston N Rainey
Ralston Ramsey Randall N Reaves N Richardson N Robinson

N Rose N Ross
Rowland N Russell N Savage Y Scott.A
Scott.D N Selman N Shepard N Sherrod

N Sizemore Smith.T Smyre
N Snow N Steinberg N Swann N Thomas N Thompson
Townsend N Triplett

N Tuten Twiggs
N Vandiford N Vaughn N Veazey N Waddle N Walker Y Wall N Ware N Watson

On the adoption of the Resolution, the ayes were 23, nays 126. The Resolution was lost.

Y White Widener
N Williams.B.J Williams.H
N Williams.R N Wilson N Wood.J N Wood.J.T N Workman
Speaker Murphy

Representative Chambless of the 131st stated that he had been called from the floor during the preceding vote. He wished to be recorded as voting "nay" thereon.

The following Resolution of the Senate was read and adopted.

SR 2 Ex. By: Senators Holloway of the 12th, Allgood of the 22nd, and Eldridge of the 7th: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.

Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.

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 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 2 Ex. By: Representatives McKinney of the 35th, Holmes of the 39th, White of the 132nd, Lucas of the 102nd, Daugherty of the 33rd, and others: A BILL to amend Code Chapter 34-18, relating to congressional districts, so as to change the composition of certain congressional districts; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

Representative Vaughn of the 57th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

2826

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, August 4, 1982

The House met pursuant to adjournment at 9:30 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 L. G. Gilstrap, Pastor, Lanierland Christian Cen ter, Murrayville, 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.
By unanimous consent, the following Bills of the House were read the second time: HB lEx HB 2 Ex
Representative Wilson of the 19th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:
Mr. Speaker: Your Committee on Legislative & Congressional Reapportionment has had under con
sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1 Ex Do Pass, by Substitute Respectfully submitted, Wilson of the 19th Chairman
Representative Vaughn of the 57th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

THURSDAY, AUGUST 5, 1982

2827

Representative Hall, Atlanta, Georgia Thursday, August 5, 1982

The House met pursuant to adjournment at 9:30 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:

Aaron Adams.G Adams,J Adams,M Aiken Anderson Argo Auten Bargeron
Baugh Beck Benefield
Birdsong Bishop Bolster Branch Bray Brooks Buck
Burruss
Burton
Byrd
Cason
Castleberry Chain berlin Chambless Chance Cheeks Childers Childs Clark.B Colbert

Coleman Collins
Connell
Couch
Cox
Crawford
Crosby Culpepper
Cummings Darden Davis,J Dean
Dixon
Dobbs Dover Edwards Elliott Evans Pelton
Fortune Foster Fuller.C Galer
Godbee Greer Ham Hamilton Hanner Harris Harrison Hasty Hawkins

Hays Hill Holmes Hooks Hutchinson Isakson Jackson,J Jackson.W Jessup
Johnson,G
Johnson,R
Jones.B Jones.H Kemp Kilgore
Lambert
I.ane.D Lane.R
Lawson
Lee Logan Long Lord Lowe Lucas Mangum Mann Marcus Martin Matthews McCollum McDonald

McKinney
Milford
Montgomery Moody Moore Mostiler Mullinax Nicholson Nix Oliver Padgett Parham Patten
Perry
Peters Phillips,B Phillips,L.L Phillips,R.T Phillips.W.R Pilewicz Rainey
Ramsey
Randall
Reaves
Richardson
Robinson
Rose Ross
Rowland
Russell Savage

Scott.A Scott, D Selman Shepard Sherrod Sizemore Smith.T
Smyre
Snow Steinberg Swann Thompson Townsend
Triplett Twiggs Vandiford Vaughn Veazey Waddle Walker Wall Ware Watson White Widener
Williams.B.J
Williams.R
Wood,J Wood,J.T Workman Speaker Murphy

Prayer was offered by the Reverend L. G. Gilstrap, Pastor, Lanierland Christian Cen ter, Murrayville, 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.

2828

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

Representative Foster of the 6th arose to a point of personal privilege and addressed the House.

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

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The following Committee substitute was read:

A BILL
To provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assem bly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people.
The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and pending court proceedings under Section 5 of the Voting Rights Act prohibit the timely holding of elections in Congressional Districts No. 4 and 5 pursuant to the 1981 plan. An order has been entered in those proceedings directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congres sional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adop tion of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redis tricting plan for these districts may lawfully be implemented.

THURSDAY, AUGUST 5, 1982

2829

Section 2. As used in this Act, the term "1981 congressional redistricting plan" means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated.
Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Dis tricts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 4
DeKalb Tracts 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, and 238.03
Fulton Tract 101.03 Block Groups 6 through 8 Tracts 101.04, 114.01, 114.02, 115, and 116
Newton Rockdale
District No. 5
DeKalb Tracts 201 through 209, 236, 237, 238.01, and 238.02
Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83,01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, and 101.01 Tract 101.03 Block Groups 1 through 5 Tracts 102.01, 102.02, 103, 104, and 105.05

2830

JOURNAL OF THE HOUSE,

Tract 105.06 Block Group 1
Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02
The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this sec tion unless Section 4 becomes effective. Until such members take office in 1983 the mem bers of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composi tion of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elec tions which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4.
For purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean
and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such dis tricts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts.
Section 5. This Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The provisions of this Act shall control over any conflicting provisions of the Code of 1933, as amended, par ticularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall con trol over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state.
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 repealed.

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

THURSDAY, AUGUST 5, 1982

2831

Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom N Bargeron N Baugh
Beal YBeck Y Benefield NBenn Y Birdsong N Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton YByrd N Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B
Clark,L Y Colbert

Y Coleman Y Collins Y Colwell Y Connell N Couch
YCox Y Crawford
Y Crosby N Culpepper Y Cummings Y Darden
N Daugherty Y Davis.B
Y Davis,J N Davis.L NDean
Dent Y Dixon Y Dobbs Y Dover
Y Edwards N Elliott Y Evans N Felton
Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg
Glover Y Godbee Y Greet YHam Y Hamilton Y Banner Y Harris

Y Harrison Y Hasty Y Hawkins YHays NHill N Holmes Y Hooks Y Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N N Jackson.W Y Jessup Y Johnson.G Y Johnson.R Y Jones,B N Jones.H N Karrh N Kemp Y Kilgore Y Lambert N Lane.D Y Lane.R Y Lawson YLee Y Logan NLong
Lord N Lowe N Lucas Y Mangum YMann Y Marcus Y Martin

Y Matthews Y McCollum
Y McDonald N McKinney N Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler
Y Mullinax N Nicholson
YNix Y Oliver Y Padgett N Parham Y Patten
Y Perry Y Peters Y Phillips.B Y Phillips.L.L N Phillips,R.T N Phillips, W.R N Pilewicz Y Pinkston N Rainey
Ralston YRamsey N Randall Y Reaves Y Richardson Y Robinson
NRose YRoss Y Rowland Y Russell

Y Savage N Scott,A N Scott,D Y Selman N Shepard Y Sherrod Y Sizemore N Smith.T
Smyre Y Snow Y Steinberg N Swann Y Thomas
Thompson N Townsend
Y Triplett YTuten Y Twiggs Y Vandiford
Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson N White Y Widener Y Williams.B.J
Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood,J.T Y Workman
Speaker Murphy

On the adoption of the Committee substitute, the ayes were 126, nays 44. 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 Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken Y Anderson Y Argo Y Auten Y Balkcom N Bargeron N Baugh
Beal YBeck Y Benefield NBenn Y Birdsong N Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton YByrd N Cason Y Castleberry

Y Chamberlin
Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B
Clark.L
Y Colbert Y Coleman Y Collins Y Colwell Y Connell N Couch YCox Y Crawford Y Crosby N Culpepper Y Cummings Y Darden N Daugherty Y Davis.B Y Davis,J N Davis.L N Dean
Dent Y Dixon

Y Dobbs Y Dover Y Edwards
N Elliott Y Evans N Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg
Glover Y Godbee Y Greer YHam Y Hamilton Y Hanner Y Harris Y Harrison Y Hasty Y Hawkins YHays NHill N Holmes Y Hooks Y Home Y Hutchinson

Y Irvin Y Isakson Y Jackson,J
Y Jackson.N N Jackson.W Y Jessup Y Johnson,G Y Johnson,R
Y Jones.B N Jones.H N Karrh
NKemp Y Kilgore Y Lambert N Lane.D Y Lane.R Y Lawson
YLee N Logan N Long
Lord N Lowe N Lucas Y Mangum
YMann Y Marcus Y Martin

Y Matthews N McCollum Y McDonald N McKinney N Miles Y Milford Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax N Nicholson YNix Y Oliver Y Padgett N Parham Y Patten Y Perry Y Peters Y Phillips,B Y Phillips,L.L N Phillips.R.T N Phillips.W.R Y Pilewicz Y Pinkston
Y Rainey Ralston

2832

JOURNAL OF THE HOUSE,

Y Ramsey N Randall Y Reaves
Y Richardson
Y Robinson
N Rose
YRoss Y Rowland Y Russell

Y Savage Y Scott,A N Scott,D Y Selman N Shepard Y Sherrod
Y Sizemore N Smith.T
Smyre

Y Snow Y Steinberg N Swann Y Thomas
Thompson N Townsend Y Triplett Y Tuten Y Twiggs

Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall
Y Ware Y Watson N White

Y Widener Y Williams.B.J
Williams.H Y Williams.R Y Wilson Y Wood.J Y Wood.J.T Y Workman
Speaker Murphy

On the passage of the Bill, by substitute, the ayes were 127, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Vaughn of the 57th moved that HB 1 Ex, by substitute, be immedi ately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron Y Adams.G
Adams,J
Y Adams.M
Y Aiken
Y Anderson
Y Argo
Y Auten Y Balkcom Y Bargeron N Baugh
Beal YBeck Y Benefield
NBenn Y Birdsong N Bishop Y Bolster
Y Branch YBray N Brooks
YBuck
Y Burruss
Y Burton
YByrd
Y Cason
Y Castleberry
Y Chamberlin Y Chambless Y Chance Y Cheeks
Y Childers Y Childs N Clark,B
Clark.L Y Colbert

Y Coleman
Y Collins
Y Colwell Y Connell Y Couch YCox
Y Crawford
Y Crosby
Y Culpepper
Y Cummings
Y Darden
N Daugherty Y Davis.B Y Davis,J Y Davis.L N Dean
Dent Y Dixon Y Dobbs Y Dover
Y Edwards
Y Elliott Y Evans Y Felton
Y Fortune
Y Foster
Y Fuller.C
Y Galer
N Ginsberg
Glover Y Godbee Y Greer YHam Y Hamilton Y Manner Y Harris

Y Harrison Y Hasty Y Hawkins YHays N Hill N Holmes Y Hooks Y Home Y Hutchinson
Y Irvin Y Isakson Y Jackson,J Y Jackson.N Y Jackson.W Y Jessup Y Johnson.G Y Johnson,R Y Jones.B Y Jones.H N Karrh YKemp Y Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan N Long
Lord N Lowe N Lucas Y Mangum YMann Y Marcus Y Martin

On the motion, the ayes were 146, nays 23. The motion prevailed.

Y Matthews Y McCollum Y McDonald N McKinney N Miles
Y Milford
Y Montgomery Y Moody Y Moore Y Mostiler Y Mullinax
Y Nicholson
Y Nix Y Oliver Y Padgett N Parham
Y Patten
Y Perry Y Peters
Y Phillips.B Y Phillips.L.L Y Phillips.R.T Y Phillips.W.R N Pilewicz Y Pinkston Y Rainey
Ralston Y Ramsey N Randall Y Reaves
Y Richardson
Y Robinson
N Rose
YRoss Y Rowland
Y Russell

Y Savage
N Scott.A
N Scott.D
Y Selman
Y Shepard
Y Sherrod Y Sizemore
Y Smith.T
Smyre
YSnow Y Steinberg
Y Swann
Y Thomas
Thompson Y Townsend Y Triplett Y Tuten Y Twiggs
Y Vandiford
Y Vaughn
Y Veazey Y Waddle Y Walker Y Wall Y Ware Y Watson N White Y Widener Y Williams.B.J
Williams.H Y Williams.R Y Wilson Y Wood,J Y Wood.J.T
Y Workman
Speaker Murphy

Representative Williams of the 54th requested that the Journal reflect his opposition to the adoption of the Committee substitute to HB 1 Ex, to the main passage of said Bill, by Committee substitute, and to the motion that HB 1 Ex, by substitute, be ordered immediately transmitted to the Senate. He wished to vote "nay" on all three roll calls.

Representative Dean of the 29th requested that the rules be suspended in order that the following Resolution could be introduced, read the first time and referred to the com mittee:

THURSDAY, AUGUST 5, 1982

2833

HR 7 Ex. By: Representatives Dean of the 29th, Holmes of the 39th, Hill of the 127th, and others: A RESOLUTION urging the Governor and the other plaintiffs in Civil Action 82-0665 in the United States District Court for the District of Columbia not to proceed with any appeals of the decision of that Court; and for other purposes.

The consent was granted, and HR 7 Ex was introduced, read the first time and referred to the Committee on Legislative and Congressional Reapportionment.

The following Resolution of the House was read and adopted:

HR 8 Ex. By: Representatives Lucas of the 102nd, Harris of the 8th, Walker of the 115th, and others: A RESOLUTION urging the Board of Medical Assistance to take certain action with respect to certain rates of reimbursement; and for other purposes.

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.

2834

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, August 6, 1982

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 L. G. Gilstrap, Pastor, Lanierland Christian Cen ter, Murrayville, Georgia.
Representative Balkcom of the 140th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following Resolution of the House was read and adopted:
HR 9 Ex. By: Representatives Nicholson of the 88th, Padgett of the 86th, Connell of the 87th, and others: A RESOLUTION honoring Mr. Bennie Heard; and for other purposes.
Representative Smith of the 152nd arose to a point of personal privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 10 Ex. By: Representative Smith of the 152nd: A RESOLUTION relative to the management of Cumberland Island; and for other purposes.
The Speaker announced the House in recess until 1:25 o'clock, this afternoon.

FRIDAY, AUGUST 6, 1982

2835

AFTERNOON SESSION

The Speaker called the House to order.
The following communication was received and read:
EXECUTIVE DEPARTMENT THE STATE OF GEORGIA PROCLAMATION
WHEREAS: Pursuant to my proclamation dated August 2, 1982, the General Assembly of the State of Georgia was convoked and called to convene in extraordinary session on August 3, 1982, for the purpose of considering the enactment of legislation to accomplish the alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter; and
WHEREAS: I have determined and concluded that an additional objective is of extraor dinary importance and should be considered by the General Assembly during said called session and prior to the convening of the General Assembly in regular session in 1983.
NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE,
do hereby amend my proclamation of August 2, 1982, calling the General Assembly into extraordinary session by striking the second paragraph thereof and substituting in lieu thereof the following:
"WHEREAS: The following specified objectives are hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1983:
1) The alteration of the boundaries of the Fourth and Fifth Congressional Districts from which members of the House of Representatives to the United States Congress from the State of Georgia will be elected and will take office in 1983 and thereafter.
2) Legislation pertaining to the calling of and conduct of primaries and elections of mem bers of the House of Representatives to the United States Congress from the State of Georgia who are to take office in 1983.";
and by striking therefrom the last word "objective" of said proclamation and substituting in lieu thereof the word "objectives".
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Exec utive Department to be affixed. This 6th day of August, 1982.
/s/George Busbee Governor
By the Governor /s/Tom Perdue
Secretary, Executive Department (SEAL)
Representative Burruss of the 21st asked unanimous consent that the rules be sus pended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

2836

JOURNAL OF THE HOUSE,

HB 3 Ex. By Representatives Murphy of the 18th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to be entitled an Act to authorize the calling and conduct ing of special primaries and special elections for the United States House of Representatives from the State of Georgia; to provide that such procedures shall be effective only for the election of members of Congress to take office in 1983; and for other purposes.

The consent was granted and HB 3 Ex was introduced, read the first time and referred to the Committee on State of Republic.

Representative Burruss of the 21st moved that the House do now adjourn until 1:00 o'clock, P.M., tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 1:00 o'clock, P.M., tomorrow.

SATURDAY, AUGUST 7, 1982

2837

Representative Hall, Atlanta, Georgia Saturday, August 7, 1982

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

Aaron Adams.G Adams,J
Adams.M
Aiken
Anderson Argo Auten Balkcom Bargeron Baugh Beck Benefield Birdsong Bishop Bolster Branch Bray Brooks Buck Burruss Burton Byrd
Cason
Castleberry Chamberlin
Chambless Chance Cheeks Childers Childs Clark,B Clark.L Colbert

Coleman Collins Colwell
Connell
Couch
Cox
Crawford
Crosby Culpepper Cummings
Darden Daugherty Davis.B
Davis,J
Davis.L
Dent Dixon Dobbs Dover Edwards Elliott Evans Felton Fortune Foster Fuller.C Galer Ginsberg Godbee Greer Ham
Hamilton
Hanner
Harris

Harrison
Hasty Hawkins
Hays Hill
Holmes Hooks
Hutchinson Irvin Isakson Jackson.J Jackson, W
Jessup
Johnson.G
Johnson,R Jones.B Jones,H
Karrh Kemp Kilgore Lambert Lane.D
Lane.R Lawson Lee Logan Long Lowe Lucas Mangum Mann Marcus
Martin Matthews

McCollum McDonald McKinney Miles Milford
Montgomery
Moody Moore Mostiler Mullinax Nicholson Nix Oliver Padgett Parham Patten Perry
Peters Phillips.B Phillips.L.L Phillips.R.T Phillips.W.R
Pilewicz
Pinkston
Rainey
Ramsey
Randall Reaves Richardson
Robinson
Rose Ross
Rowland

Savage
Scott.A
Scott.D
Selman
Shepard
Sherrod
Sizemore
Smith.T Smyre Snow Steinberg Swann Thompson Townsend Triplet! Tuten Twiggs Vandiford
Vaughn Veazey Waddle Walker Wall
Ware
Watson
White
Widener Williams.B.J Williams.H Wood,J Wood,J.T
Workman Speaker Murphy

Prayer was offered by the Reverend L. G. Gilstrap, Pastor, Lanierland Christian Cen ter, Murrayville, 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.

2838

JOURNAL OF THE HOUSE,

6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bill of the House was read the second time: HB 3 Ex

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 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The following Resolutions of the House were read and adopted:

HR 11 Ex. By: Representatives Murphy of the 18th, Childs of the 51st, and Karrh of the 106th: A RESOLUTION expressing regret at the tragedy that struck the Shrine of the Immaculate Conception Catholic Church; and for other purposes.

HR 12 Ex. By: Representatives Ham of the 80th, Murphy of the 18th, and Byrd of the 138th: A RESOLUTION commending Honorable Richard Chamberlin; and for other purposes.

HR 13 Ex. By: Representatives Burruss of the 21st, Lambert of the 112th, Connell of the 87th, and others: A RESOLUTION commending Mr. John Booth; and for other purposes.

HR 14 Ex. By: Representatives Childs of the 51st, Foster of the 6th, Cox of the 141st, and others: A RESOLUTION wishing Dr. Garnett Wilder a speedy recovery; and for other purposes.

HR 15 Ex. By: Representatives Hawkins of the 50th, Richardson of the 52nd, Childs of the 51st, Vaughn of the 57th, Workman of the 56th, and Connell of the 87th: A RESOLUTION saluting Boy Scout Troop 55; and for other purposes.

HR 16 Ex. By: Representatives Murphy of the 18th, Johnson and Lee of the 72nd, and others: A RESOLUTION expressing grateful appreciation to Shirley Spence; and for other purposes.

HR 17 Ex. By: Representatives Smith of the 152nd, Dixon of the 151st, Byrd of the 138th, and Davis of the 45th: A RESOLUTION urging the Legislature of the State of Florida to join with Georgia in efforts to change certain management policies of the National Park Service; and for other purposes.

Representative Savage of the 25th arose to a point of personal privilege and addressed the House.

SATURDAY, AUGUST 7, 1982

2839

Representative Davis of the 99th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The following Senate substitute was read:

A BILL
To amend Code Chapter 34-18, relating to congressional districts, as amended, partic ularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), so as to change the composition of certain congressional districts; to provide for all related matters; to provide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, par ticularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), is amended by striking from subsection (a) of Code Section 34-1801 the descriptions of con gressional districts 4 and 5 and inserting in lieu thereof, respectively, the following:
"District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225, 226, 228 through 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, and 234.04 through 234.07
Fulton Tracts 1, 2, 4 through 6, 10.95, 11 through 16, and 30 Tract 89 Block Group 1 Tracts 92, 94, 96, 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210

2840

JOURNAL OF THE HOUSE,

That part of Block 301 outside the City of Roswell
Blocks 302 and 303 Those parts of Blocks 401, 404, and 501
outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116 Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209, 227, 231.01, 234.03, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tracts 7, 8, 17 through 29, 31 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, and 88 Tract 89 Block Groups 2 through 6 Tracts 90, 91, 93, 95, 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell"

Section 2. The provisions of this Act and of Code Section 34-1801, as amended by this Act, shall be incorporated into the Official Code of Georgia Annotated as provided in Section 2 of the Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131).

SATURDAY, AUGUST 7, 1982

2841

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following House amendment to the Senate substitute was read:

Representatives Scott of the 123rd and Ginsberg of the 122nd move to amend the Senate Substitute to HB 1 Ex by striking the description of Districts No. 4 and 5 and inserting in lieu thereof the following:
"District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, and 235.03
Fulton That part of Tract 101.01 outside the City of Atlanta Tracts 101.03, 101.04, 102.02, 114.01, 114.02, 115, and 116
Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209, 231.01, 235.01, 235.02, 236, 237, 238.01 through 238.03
Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, and 88 through 100 That part of Tract 101.01 within the City of Atlanta Tracts 102.01, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02"

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

2842

JOURNAL OF THE HOUSE,

Y Aaron
N Adams.G N Adams,J N Adams.M N Aiken N Anderson N Argo N Auten N Balkcom N Bargeron Y Baugh YBeal NBeck N Benefield
Benn N Birdsong Y Bishop N Bolster N Branch NBray Y Brooks NBuck N Bumiss Y Burton NByrd YCason N Castleberry N Chamberlin N Chambless
N Chance N Cheeks N Childera N Childs Y Clark,B N Clark,L N Colbert

N Coleman
N Collins N ColweU N Connell N Couch NCox N Crawford N Crosby Y Culpepper N Cummings N Darden Y Daugherty N Davis.B Y Davis,J Y Davis.L
Dean Dent N Dixon YDobbs N Dover N Edwards Y Elliott N Evans Y Felton N Fortune N Foster N Fuller.C NGaler Y Ginsberg Glover NGodbee NGreer NHam N Hamilton N Manner N Harris

N Harrison N Hasty N Hawkins NHays YHill Y Holmes
N Hooks N Home N Hutchinson N Irvin N Isakson
N Jackson,J N Jackson.N N Jackson, W
N Jessup N Johnson.G N Johnson.R
Jones,B Y Jones,H Y Karrh YKemp N Kilgore N Lambert N Lane,D N Lane,R N Lawson NLee N Logan NLong
Lord NLowe Y Lucas N Mangum NMann N Marcus N Martin

N Matthews N McCollum N McDonald Y McKinney N Miles N Milford
N Montgomery N Moody
Moore N Mostiler N Mullinax
Y Nicholson NNix N Oliver
N Padgett Y Parham N Patten N Perry N Peters N Phillips,B N Phillips.L.L Y Phillips.R.T Y Phillips.W.R N Pilewicz N Pinkston N Rainey
Ralston N Ramsey YRandall N Reaves N Richardson N Robinson YRose NRoss N Rowland N Russell

N Savage Y Scott,A Y Scott,D N Selman N Shepard N Sherrod Y Sizemore Y Smith.T Y Smyre NSnow N Steinberg N Swann
N Thomas N Thompson Y Townsend
N Triplett N Tuten N Twiggs N Vandiford N Vaughn N Veazey Y Waddle N Walker Y Wall N Ware N Watson Y White Y Widener Y Williams,B.J Y Williams.H
Williams.R Wilson N Wood,J N Wood,J.T N Workman Speaker Murphy

On the adoption of the amendment to the Senate substitute, the ayes were 41, nays 128i..
The amendment was lost.

The following House amendment to the Senate substitute was read:

Representative Marcus of the 26th moves to amend the Senate substitute to HB 1 Ex by striking all matter beginning with the word "amend" on line 1 of page 1 and ending with the word and symbol "date;" on line 8 of page 1 and inserting in lieu thereof the following:
"provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issu ance of a federal court ruling that the change is lawful and for the election and succes sion of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to autho rize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for severability;".
By striking all matter beginning with line 11 of page 1 and ending with line 10 of page 3 and inserting in lieu thereof the following:
"Part I
Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General

SATURDAY, AUGUST 7, 1982

2843

Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people.
The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the imple mentation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Dis tricts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented.
Section 2. As used in this Part I of this Act, the term '1981 congressional redistrict ing plan' means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated.
Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may law fully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.02 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03, 234.05 through 234.07, 235.03, and 238.03
Fulton That part of Tract 101.01 outside City of Atlanta Tracts 101.03 and 101.04 Tract 102.02 Block Groups 1 through 3 and 9

2844

JOURNAL OF THE HOUSE,

Tracts 114.01, 114.02, 115, and 116 Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209, 231.01, 234.04, 235.01, 235.02, 236, 237, 238.01, and 238.02
Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, and 88 through 100 That part of Tract 101.01 within the City of Atlanta Tract 102.01 Tract 102.02 Block Groups 4 through 8 Tracts 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02
The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special pri maries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the pro visions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4.
For purposes of this section: (1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and
shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the

SATURDAY, AUGUST 7, 1982

2845

1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may law fully be implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such dis tricts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistrict ing plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts.
Section 5. This Act does not repeal or amend the provisions of the 1981 congres sional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provi sions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representa tives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The pro visions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective.
Section 6. This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Part II
Section 7. The General Assembly finds that the court proceedings referred to in Sec tion 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of con gressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law.
Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election.
(b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of:

2846

JOURNAL OF THE HOUSE,

(1) Publications and advertisements of any matters required to be published or advertised;
(2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and bal lots; and (11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Gover nor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the dis trict eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the 'Georgia Election Code.' The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the 'Georgia Election Code,' Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the 'Georgia Election Code' or any other law of this state.
Section 9. This Part II of this Act shall apply only for purposes of election of mem bers of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representa tives from the State of Georgia shall have taken office.
Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety.
Part III

Section 12. All laws and parts of laws in conflict with this Act are repealed."

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

N Aaron Y Adams.G N Adams,J N Adams.M
Y Aiken

N Anderson N Argo Y Auten N Balkcom
N Bargeron

N Baugh N Beal V Beck N Benefield
Benn

N Birdsong N Bishop Y Bolster N Branch
N Bray

N Brooks N Buck N Burruss N Burton
N Byrd

SATURDAY, AUGUST 7, 1982

2847

N Cason N Castleberry N Chamberlin N Chambless N Chance N Cheeks N Childers N Childs N Clark.B N Clark.L Y Colbert N Coleman N Collins N Colwell N Connell Y Couch
NCox N Crawford
N Crosby N Culpepper N Cummings N Darden N Daugherty N Davis.B Y Davis,J Y Davis.L
Dean Dent Y Dixon N Dobbs N Dover

N Edwards Y Elliott N Evans
Y Felton N Fortune N Foster Y Fuller.C N Galer
Y Ginsberg Glover
N Godbee Y Greer
Ham Y Hamilton N Hanner N Harris Y Harrison N Hasty N Hawkins NHays NHill
N Holmes N Hooks Y Home N Hutchinson N Irvin Y Isakson N Jackson,J Y Jackson.N N Jackson, W N Jessup

N Johnson.G N Johnson.R
Jones,B
Y Jones,H N Karrh NKemp N Kilgore
N Lambert N Lane,D Y Lane,R N Lawson NLee N Logan NLong
Lord N Lowe
N Lucas N Mangum N Mann Y Marcus Y Martin N Matthews N McCollum N McDonald N McKinney Y Miles
N Milford Y Montgomery N Moody
Moore N Mostiler

N Mullinax N Nicholson YNix N Oliver N Padgett Y Parham N Patten
N Perry N Peters N Phillips.B Y Phillips.L.L Y Phillips,R.T N Phillips.W.R N Pilewicz N Pinkston N Rainey
Ralston N Ramsey N Randall
N Reaves N Richardson N Robinson
YRose NRoss Y Rowland N Russell
Y Savage N Scott,A N Scott,D Y Selman Y Shepard

N Sherrod Y Sizemore N Smith.T NSmyre NSnow N Steinberg Y Swann
N Thomas N Thompson Y Townsend N Triplett NTuten N Twiggs N Vandiford N Vaughn N Veazey Y Waddle N Walker Y Wall Y Ware N Watson N White Y Widener Y Williams.B.J N Williams.H
Williams.R Wilson
N Wood,J N Wood,J.T N Workman
Speaker Murphy

On the adoption of the amendment to the Senate substitute, the ayes were 43, nays 125.
The amendment was lost.

The following House amendment to the Senate substitute was read:

Representative Murphy of the 18th moves to amend the Senate substitute to HB 1 Ex by striking all matter beginning with the word "amend" on line 1 of page 1 and ending with the word and symbol "date;" on line 8 of page 1 and inserting in lieu thereof the following:
"provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issu ance of a federal court ruling that the change is lawful and for the election and succes sion of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to autho rize the Governor to prescribe the time and manner of carrying out procedures related to such elections, primaries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for severability;".
By striking all matter beginning with line 11 of page 1 and ending with line 10 of page 3 and inserting in lieu thereof the following:
"Parti
Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assembly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan

2848

JOURNAL OF THE HOUSE,

was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people.
The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the imple mentation of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adoption of Part I of this Act seeks to provide a redistricting plan for Congressional Dis tricts No. 4 and 5 which may be implemented for the election of members of the House of Representatives to take office in 1983 but which shall thereafter be superseded for future elections upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented.
Section 2. As used in this Part I of this Act, the term '1981 congressional redistrict ing plan' means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Georgia Annotated.
Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may law fully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Districts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221,
222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.06, 234.07, and
235.01 through 235.03 Fulton
Tracts 1, 2, 14, 15, 92, and 94 Tract 96
Block Groups 1 through 3 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01
Those parts of Blocks 601 and 602 within the City of Alpharetta
Block 603 That part of Block 604 within the
City of Alpharetta

SATURDAY, AUGUST 7, 1982

2849

Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7
Tracts 115 and 116 Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209, 234.03 through 234.05, 236, 237, and 238.01 through 238.03
Fulton Tracts 4 through 8, 10.95, 11 through 13, 16 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91, 93, and 95 Tract 96 Block Groups 4 through 8 Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113,01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell

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The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this section unless Section 4 becomes effective. Until such members take office in 1983 the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special pri maries and elections which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the pro visions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4.
For purposes of this section: (1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and
shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may law fully be implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such dis tricts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistrict ing plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts.
Section 5. This Act does not repeal or amend the provisions of the 1981 congres sional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provi sions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representa tives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 continues to be governed by the 1981 congressional redistricting plan. The pro visions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective.
Section 6. This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Part II
Section 7. The General Assembly finds that the court proceedings referred to in Sec tion 1 of this Act have delayed the holding of elections in all of Georgia's congressional

SATURDAY, AUGUST 7, 1982

2851

districts. The General Assembly finds that the existing delay of these elections and uncertainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Governor, which is limited to proceedings related to the election of con gressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law.
Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, election, or run-off election.
(b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of:
(1) Publications and advertisements of any matters required to be published or advertised;
(2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates;
(9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and bal lots; and
(11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Gover nor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the following formula: The number of signatures necessary for nomination by petition in each congressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the dis trict eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions.
(d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the 'Georgia Election Code.' The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the 'Georgia Election Code,' Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the 'Georgia Election Code' or any other law of this state.

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Section 9. This Part II of this Act shall apply only for purposes of election of mem bers of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representa tives from the State of Georgia shall have taken office.
Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety.
Part III

Section 12. All laws and parts of laws in conflict with this Act are repealed."

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

N Aaron
Y Adams,G Y Adams.J Y Adams.M N Aiken Y Anderson Y Argo N Auten Y Balkcom Y Bargeron N Baugh N Beal Y Beck N Benefield
Benn Y Birdsong N Bishop N Bolster Y Branch YBray N Brooks Y Buck Y Burruss N Burton NByrd N Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs N Clark.B Y Clark.L N Colbert

Y Coleman
Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby N Culpepper Y Cummings Y Darden N Daugherty Y Davis.B N Davis.J N Davis.L
Dean
Dent Y Dixon N Dobbs Y Dover Y Edwards N Elliott N Evans N Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg
Glover Y Godbee N Greer NHam N Hamilton Y Manner Y Harris

N Harrison
Y Hasty Y Hawkins YHays NHill N Holmes Y Hooks Y Home Y Hutchinson Y Irvin N Isakson Y Jackson,J N Jackson.N Y Jackson.W Y Jessup Y Johnson,G N Johnson,R
Jones,B N Jones.H Y Karrh
N Kemp Y Kilgore Y Lambert N Lane,D Y Lane.R Y Lawson N Lee Y Logan
YLong Lord
N Lowe N Lucas Y Mangum Y Mann N Marcus Y Martin

Y Matthews Y McCollum N McDonald N McKinney
Y Miles Y Milford Y Montgomery
Y Moody Moore
Y Mostiler Y Mullinax N Nicholson
N Nix Y Oliver Y Padgett N Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L N Phillips.R.T Y Phillips.W.R
Y Pilewicz N Pinkston
Y Rainey Ralston
Y Ramsey N Randall
Y Reaves Y Richardson Y Robinson
NRose N Ross Y Rowland Y Russell

N Savage N Scott.A N Scott.D Y Selman Y Shepard Y Sherrod Y Sizemore N Smith.T
N Smyre YSnow Y Steinberg N Swann Y Thomas Y Thompson N Townsend Y Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware
Y Watson N White
N Widener N Williams.B.J N Williams.H
Williams.R Wilson N Wood,J Y Wood,J.T Y Workman Speaker Murphy

On the adoption of the amendment to the Senate substitute, the ayes were 106, nays 63.
The amendment was adopted.

Representative Burruss of the 21st moved that the House agree to the Senate substi tute, as amended by the House, to HB 1 Ex.
On the motion, the roll call was ordered and the vote was as follows:

SATURDAY, AUGUST 7, 1982

2853

N Aaron Y Adams.G Y Adams,J Y Adams.M N Aiken Y Anderson
Y Argo N Auten Y Balkcom Y Bargeron
N Baugh NBeal YBeck Y Benefield
Benn Y Birdsong N Bishop N Bolster Y Branch YBray N Brooks YBuck Y Burruss N Burton NByrd N Cason Y Castleberry Y Chamberlin Y Chambless Y Chance
Y Cheeks Y Childers Y Childs N Clark.B Y Clark.L N Colbert

Y Coleman
Y Collins Y Colwell Y Connell Y Couch YCox Y Crawford Y Crosby N Culpepper Y Cummings Y Darden N Daugherty Y Davis.B N Davis,J N Davis.L
Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards N Elliott Y Evans N Felton Y Fortune Y Foster N Fuller.C Y Galer N Ginsberg Glover Y Godbee Y Greer YHam N Hamilton Y Manner Y Harris

N Harrison Y Hasty Y Hawkins
YHays N Hill
N Holmes Y Hooks Y Home Y Hutchinson Y Irvin N Isakson Y Jackson,J Y Jackson.N Y Jackson.W
Y Jessup Y Johnson.G N Johnson,R
Jones.B N Jones.H Y Karrh NKemp Y Kilgore Y Lambert N Lane.D Y Lane.R Y Lawson YLee Y Logan YLong
Lord N Lowe N Lucas Y Mangum Y Mann N Marcus Y Martin

Y Matthews Y McCollum Y McDonald N McKinney N Miles N Milford Y Montgomery Y Moody
Moore Y Mostiler Y Mullinax N Nicholson N Nix Y Oliver Y Padgett N Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips.L.L N Phillips.R.T Y Phillips,W.R Y Pilewicz Y Pinkston Y Rainey
Ralston Y Ramsey N Randall Y Reaves Y Richardson Y Robinson NRose YRoss Y Rowland Y Russell

N Savage N Scott.A N Scott,D Y Selman N Shepard Y Sherrod Y Sizemore N Smith.T N Smyre Y Snow Y Steinberg N Swann Y Thomas Y Thompson N Townsend Y Triplet! Y Tuten Y Twiggs Y Vandiford Y Vaughn Y Veazey Y Waddle Y Walker N Wall Y Ware Y Watson N White N Widener N Williams.BJ N Williams.H
Williams.R Wilson
Y Wood,J Y Wood,J.T Y Workman
Speaker Murphy

On the motion, the ayes were 114, nays 55.
The motion prevailed and the Senate substitute, as amended by the House, to HB 1 Ex was agreed to.

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 Senate substitute to the following Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate substitute thereto:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

Representative Vaughn of the 57th moved that the House insist on its position in amending the Senate substitute to HB 1 Ex.

2854

JOURNAL OP THE HOUSE,

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

Y Aaron Y Adams.G Y Adams,J Y Adams.M Y Aiken
Y Anderson Y Argo Y Auten Y Balkcom
Bargeron N Baugh
Beal Y Beck Y Benefield
Benn Y Birdsong N Bishop Y Bolster Y Branch YBray N Brooks YBuck Y Burruss Y Burton YByrd
Cason Y Castleberry Y Chamberlin Y Chambless Y Chance Y Cheeks Y Childers Y Childs
Clark.B Y Clark.L Y Colbert

Coleman Collins Y Colwell Y Connell
Y Couch Cox
Y Crawford Y Crosby Y Culpepper Y Cummings
Y Darden Daugherty Davis.B
Y Davis,J N Davis.L
Dean Dent Y Dixon Y Dobbs Y Dover Y Edwards Elliott Evans Y Felton Y Fortune
Y Foster N Fuller.C Y Galer N Ginsberg
Glover Godbee Y Greer YHam Y Hamilton
Manner Harris

Harrison Y Hasty Y Hawkins
YHays NHill
N Holmes Y Hooks
Home Y Hutchinson Y Irvin Y Isakson Y Jackson,J Y Jackson.N
Y Jackson, W Y Jessup Y Johnson.G Y Johnson.R
Jones,B Y Jones.H Y Karrh YKemp
Kilgore Y Lambert Y Lane.D Y Lane.R Y Lawson YLee Y Logan
Long Lord YLowe N Lucas Y Mangum Y Mann
Y Marcus Y Martin

On the motion, the ayes were 127, nays 13. The motion prevailed.

Matthews Y McCollum
McDonald McKinney Miles Y Milford Y Montgomery
Y Moody Moore
Y Mostiler Y Mullinax Y Nicholson
Y Nix Y Oliver Y Padgett Y Parham Y Patten Y Perry Y Peters Y Phillips.B Y Phillips,L.L
Phillips.RT Y Phillips.W.R Y Pilewicz Y Pinkston Y Rainey
Ralston
Y Ramsey Y Randall Y Reaves Y Richardson Y Robinson YRose
Ross Rowland Russell

Y Savage N Scott,A
Scott,D Y Selman Y Shepard Y Sherrod Y Sizemore
Y Smith.T Y Smyre YSnow Y Steinberg Y Swann
Y Thomas Y Thompson Y Townsend Y Triplett Y Tuten Y Twiggs Y Vandiford Y Vaughn
Veazey Y Waddle
Walker
N Wall Y Ware Y Watson N White Y Widener Y Williams.B.J N Williams.H
Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy

Representative Vaughn of the 57th moved that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate on HB 1 Ex.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Marcus of the 26th, Hamilton of the 31st, and Mangum of the 56th.

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

Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to the Senate sub stitute and has appointed a Committee of Conference on the following Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur
poses.

SATURDAY, AUGUST 7, 1982

2855

The President has appointed on the part of the Senate the following: Senators Hudson of the 35th, Bond of the 39th, and Howard of the 42nd.

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

Mr. Speaker:
The Senate has rejected the report of the Committee of Conference on the following Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur
poses.

The following Bill of the House was taken up for the purpose of considering the Senate's rejection of the report of the first Committee of Conference thereon:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

Representative Vaughn of the 57th moved that the first Committee of Conference on HB 1 Ex be discharged and a second Committee of Conference be appointed thereon.
The motion prevailed.

The Speaker appointed as a second Committee of Conference on HB 1 Ex, the follow ing members:
Representatives Vaughn of the 57th, Mangum of the 56th, and Colbert of the 23rd.

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

Mr. Speaker:
The Senate has appointed a second Committee of Conference on the following Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The President has appointed on the part of the Senate the following: Senators Howard of the 42nd, Tate of the 38th, and Allgood of the 22nd.

The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:

2856

JOURNAL OF THE HOUSE,

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The following report of the second Committee of Conference was read:

CONFERENCE COMMITTEE REPORT ON HB 1 EX

The Conference Committee on HB 1 Ex recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 Ex be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/Honorable Thomas F. Allgood Senator, 22nd District
/s/Honorable Pierre Howard Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
Honorable Luther S. Colbert Representative, 23rd District
/s/Honorable William C. Mangum, Jr. Representative, 56th District

/s/Honorable Horace E. Tate Senator, 38th District

/s/Honorable Clarence R. Vaughn, Jr. Representative, 57th District

A BILL
To provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, pri maries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assem bly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people.
The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementa tion of the 1981 congressional redistricting plan. An order has been entered in Busbee

SATURDAY, AUGUST 7, 1982

2857

v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adop tion of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Rep resentatives to take office in 1983 but which shall thereafter be superseded for future elec tions upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented.
Section 2. As used in this Part I of this Act, the term "1981 congressional redistrict ing plan" means the redistricting plan for Georgia congressional districts adopted by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Geor gia Annotated.
Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Dis tricts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.03 Blocks 920, 921, 923, and 924 Tract 234.05 Block 101 Tracts 234.06, 234.07, and 235.01 Tract 235.02 Blocks 101 through 107, 109, 111, 112, 116, 117, 207 through 210, 215, 217, and 218 Tract 235.03
Fulton Tracts 1, 2, 92, and 94 Tract 96 Block Groups 1 through 3, 7, and 8 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tracts 114.02, 115, and 116
Newton Rockdale

2858

JOURNAL OF THE HOUSE,

District No. 5
DeKalb Tracts 205 through 209 Tract 234.03 Block Groups 1 through 3 Blocks 922, 925, and 926 Tract 234.04 Tract 234.05 Blocks 102 through 109, 111, and 112 Block Groups 2 through 5 Tract 235.02 Blocks 113, 114, 201 through 203, 205, 206, and 216 Block Groups 3 and 4 Tracts 236, 237, and 238.01 through 238.03
Fulton Tracts 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91, 93, and 95 Tract 96 Block Groups 4 through 6 Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta
Blocks 605 through 609 Block Groups 7 through 9 The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this sec tion unless Section 4 becomes effective. Until such members take office in 1983 the mem bers of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composi tion of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elec tions which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4. For purposes of this section:

SATURDAY, AUGUST 7, 1982

2859

(1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such dis tricts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts.
Section 5. This Act does not repeal or amend the provisions of the 1981 congres sional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 contin ues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective.
Section 6. (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) This Part I of this Act shall not be repealed by conflicting provisions of the Offi cial Code of Georgia Annotated which shall become effective November 1, 1982.
Part II
Section 7. The General Assembly finds that the court proceedings referred to in Sec tion 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncer tainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Gover nor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law.
Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in

2860

JOURNAL OF THE HOUSE,

each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, elec tion, or run-off election.
(b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of:
(1) Publications and advertisements of any matters required to be published or advertised;
(2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and bal lots; and (11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Gover nor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the follow ing formula: The number of signatures necessary for nomination by petition in each con gressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the "Georgia Election Code." The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the "Georgia Election Code," Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the "Georgia Election Code" or any other law of this state.
Section 9. This Part II of this Act shall apply only for purposes of election of mem bers of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office.
Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety.

SATURDAY, AUGUST 7, 1982

2861

Representative Vaughn of the 57th moved that the House adopt the report of the sec ond Committee of Conference on HB 1 Ex.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Adams.G N Adams,J
Y Adams.M N Aiken N Anderson
Argo
N Auten N Balkcom Y Bargeron
N Baugh
Beal
YBeck N Benefield
Benn N Birdsong N Bishop N Bolster N Branch YBray N Brooks Y Buck N Burruss
N Burton NByrd N Cason N Castleberry N Chamberlin
Y Chambless Y Chance N Cheeks Y Childers N Childs N Clark,B
Clark.L
N Colbert

N Coleman N Collins Y Colwell
Y Connell
N Couch
YCox
N Crawford
N Crosby
Culpepper
N Cummings N Darden N Daugherty
Davis.B N Davis,J N Davis.L N Dean
Dent Y Dixon N Dobbs N Dover
N Edwards
Elliott
N Evans
N Felton
N Fortune Y Foster N Fuller.C Y Galer Y Ginsberg Y Glover N Godbee N Greer N Ham
Hamilton
N Hanner
Y Harris

N Harrison
N Hasty
N Hawkins
Y Hays
NHill
N Holmes N Hooks
N Home
Hutchinson
N Irvin N Isakson Y Jackson ,J N Jackson.N Y Jackson.W N Jessup Y Johnson,G
N Johnson,R Jones,B
N Jones.H Y Karrh NKemp N Kilgore
Y Lambert N Lane.D N Lane.R Y Lawson N Lee
Logan YLong
Lord
N Lowe
N Lucas
Y Mangum
N Mann N Marcus N Martin

Y Matthews
Y McCollum N McDonald
McKinney
N Miles N Milford
Y Montgomery
Moody
Moore N Mostiler Y Mullinax
Y Nicholson
N Nix
N Oliver N Padgett
Par ham Y Patten
Perry
Y Peters
N Phillips.B
N Phillips.L.L N Phillips,R.T N Phillips.W.R N Pilewicz N Pinkston N Rainey
Ralston N Ramsey N Randall
N Reaves N Richardson
N Robinson
NRose
N Ross Y Rowland Y Russell

N Savage
N Scott.A
N Scott,D N Selman N Shepard
N Sherrod
N Sizemore Y Smith.T
N Smyre
Y Snow N Steinberg
N Swann N Thomas
N Thompson
N Townsend
N Triplett Y Tuten N Twiggs N Vandiford Y Vaughn N Veazey N Waddle Y Walker N Wall Y Ware
N Watson N White N Widener N Williams.B.J N Williams.H
Williams.R Wilson N Wood,J Y Wood,J.T
N Workman Speaker Murphy

On the motion, the ayes were 42, nays 116. The motion was lost, and the report was rejected.

Representative Lane of the 40th moved that the House adjourn until 1:00 o'clock, P.M., August 8, 1982.
On the motion, the roll call was ordered and the vote was as follows:

N Aaron N Adams.G N Adams,J N Adams.M N Aiken N Anderson
Argo Y Auten N Balkcom N Bargeron N Baugh
Beal Beck Y Benefield Benn N Birdsong N Bishop N Bolster Y Branch N Bray N Brooks YBuck

Burruss Burton N Byrd N Cason N Castleberry N Chamberlin N Chambless N Chance N Cheeks Y Childers N Childs Y Clark.B Clark.L Y Colbert N Coleman N Collins N Colwell N Connell N Couch NCox N Crawford N Crosby

Culpepper N Cummings N Darden Y Daugherty
Davis.B N Davis,J Y Davis.L N Dean
Dent N Dixon Y Dobbs N Dover N Edwards
Elliott N Evans Y Felton Y Fortune N Foster Y Fuller.C N Galer Y Ginsberg Y Glover

N Godbee Greer
N Ham Hamilton
N Hanner N Harris N Harrison N Hasty N Hawkins NHays NHill Y Holmes N Hooks Y Home
Hutchinson N Irvin N Isakson N Jackson,J N Jackson.N N Jackson.W N Jessup N Johnson.G

N Johnson,R Jones.B
N Jones.H N Karrh NKemp N Kilgore Y Lambert Y Lane.D N Lane.R Y Lawson YLee
Logan N Long
Lord YLowe N Lucas N Mangum N Mann N Marcus Y Martin N Matthews N McCollum

2862

JOURNAL OF THE HOUSE,

N McDonald McKinney
N Miles N Milford N Montgomery
Moody Moore Y Mostiler N Mullinax N Nicholson Nix N Oliver N Padgett Parham

N Patten Perry
N Peters Y Phillips.B N Phillips.L.L Y Phillips.R.T N Phillips,W.R Y Pilewicz N Pinkston N Rainey
Ralston Ramsey N Randall N Reaves

N Richardson N Robinson N Rose N Ross N Rowland
Russell N Savage Y Scott.A Y Scott.D Y Selman N Shepard N Sherrod Y Sizemore N Smith.T

On the motion, the ayes were 38, nays 113. The motion was lost.

N Smyre N Snow N Steinberg N Swann N Thomas N Thompson Y Townsend N Triplett Y Tuten N Twiggs N Vandiford Y Vaughn N Veazey N Waddle

N Walker Y Wall N Ware N Watson Y White N Widener N Williams.B.J Y Williams.H
Williams.R Wilson Y Wood,J N Wood,J.T N Workman Speaker Murphy

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

Mr. Speaker:
The Senate has adopted the report of the second Committee of Conference on the fol lowing Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

Representative Vaughn of the 57th moved that the House discharge the second Com mittee of Conference on HB 1 Ex and that a third Committee of Conference be appointed thereon.
The motion prevailed.

The Speaker appointed as a third Committee of Conference on HB 1 Ex the following: Representatives Ham of the 80th, Burruss of the 21st, and Lambert of the 112th.

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

Mr. Speaker:
The Senate has appointed a third Committee of Conference on the following Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.

The President has appointed on the part of the Senate the following: Senators Gillis of the 20th, Allgood of the 22nd, and Kennedy of the 4th.

Representative Vaughn of the 57th moved that the House do now adjourn until 3:00 P.M., Sunday, August 8, 1982, and the motion prevailed.

SATURDAY, AUGUST 7, 1982

2863

The Speaker announced the House adjourned until 3:00 o'clock P.M., tomorrow.

2864

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Sunday, August 8, 1982

The House met pursuant to adjournment at 3:00 o'clock, P.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 L. G. Gilstrap, Pastor, Lanierland Christian Cen ter, Murrayville, Georgia.
Representative Balkcom of the 140th, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following Bill of the House was taken up for the purpose of considering the report of the third Committee of Conference thereon:
HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur poses.
The following report of the third Committee of Conference was read:
CONFERENCE COMMITTEE REPORT NO. 3 ON HB 1 EX
The Conference Committee on HB 1 Ex recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HB 1 Ex be adopted.
Respectfully submitted,

SUNDAY, AUGUST 8, 1982

2865

FOR THE SENATE:
/s/Honorable Thomas F. Allgood Senator, 22nd District
/s/Honorable Hugh M. Gillis, Sr. Senator, 20th District
/s/Honorable Joseph E. Kennedy Senator, 4th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/Honorable A. L. Burruss Representative, 21st District
/s/Honorable Benson Ham Representative, 80th District
/s/Honorable E. Roy Lambert Representative, 112th District

A BILL
To provide for the composition of certain congressional districts of Georgia; to declare legislative intent and findings; to define terms; to provide for the election of members of the United States House of Representatives from certain congressional districts; to provide for a change in the composition of those districts to be effective upon the issuance of a federal court ruling that the change is lawful and for the election and succession of new members thereafter; to authorize the Governor to call and prescribe the time of calling and holding primaries, primary runoffs, elections, and run-off elections for all members of the United States House of Representatives to take office in 1983; to authorize the Governor to prescribe the time and manner of carrying out procedures related to such elections, pri maries, and runoffs; to provide for nomination of candidates by petition; to provide that this Act shall control over conflicting provisions of the Code of Georgia of 1933 and the Official Code of Georgia Annotated; to provide for all related matters; to provide effective dates; to provide for the suspension of conflicting laws; to provide for severability; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Parti
Section 1. The General Assembly declares that the congressional redistricting plan for the State of Georgia adopted at the 1981 Extraordinary Session of the General Assem bly is a fair and equitable plan for the selection of Georgia's members of the United States House of Representatives. The General Assembly finds that the 1981 plan was not adopted with the purpose of denying or abridging the right to vote on account of race and complies fully with the United States Constitution and all applicable federal statutes. The General Assembly declares that implementation of the 1981 congressional redistricting plan is in the best interests of the State of Georgia and its people.
The General Assembly recognizes, however, that any congressional redistricting plan may be implemented only in accordance with the procedures prescribed by the federal Voting Rights Act of 1965; and that the United States District Court for the District of Columbia in Busbee v. Smith, Civil Action No. 82-0665, has prohibited the implementa tion of the 1981 congressional redistricting plan. An order has been entered in Busbee v. Smith directing the plaintiffs to submit to the court a revised plan for the conduct of elections in Congressional Districts No. 4 and 5.
Therefore, in recognition of the necessity of providing an immediately enforceable redistricting plan for Congressional Districts No. 4 and 5, in the belief that the validity of the 1981 redistricting plan for these districts must ultimately be upheld by the federal judiciary, and in response to the necessity of ensuring continuing representation for all of the people of Georgia in the United States Congress, the General Assembly by the adop tion of Part I of this Act seeks to provide a redistricting plan for Congressional Districts No. 4 and 5 which may be implemented for the election of members of the House of Rep resentatives to take office in 1983 but which shall thereafter be superseded for future elec tions upon the ruling of a federal court of competent jurisdiction that the 1981 congressional redistricting plan for these districts may lawfully be implemented.
Section 2. As used in this Part I of this Act, the term "1981 congressional redistrict ing plan" means the redistricting plan for Georgia congressional districts adopted by an

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JOURNAL OF THE HOUSE,

Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and codified as Code Section 34-1801 of the Code of 1933 and Code Section 21-2-4 of the Official Code of Geor gia Annotated.
Section 3. Until and unless a federal court of competent jurisdiction rules that the 1981 congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965 as provided in Section 4 of this Act, the provisions of this section shall govern the composition of Congressional Dis tricts No. 4 and 5. Each of these districts shall be composed of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.03 Blocks 920, 921, 923, and 924 Tract 234.05 Block 101 Tracts 234.06, 234.07, and 235.01 Tract 235.02 Blocks 101 through 107, 109, 111, 112, 116, 117, 207 through 210, 215, 217, and 218 Tract 235.03
Fulton Tracts 1, 2, 92, and 94 Tract 96 Block Groups 1 through 3, 7, and 8 Tracts 100, 101.01, 101.03, and 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tracts 114.02, 115, and 116
Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209 Tract 234.03 Block Groups 1 through 3 Blocks 922, 925, and 926 Tract 234.04 Tract 234.05 Blocks 102 through 109, 111, and 112 Block Groups 2 through 5

SUNDAY, AUGUST 8, 1982

2867

Tract 235.02 Blocks 113, 114, 201 through 203, 205, 206, and 216 Block Groups 3 and 4
Tracts 236, 237, and 238.01 through 238.03 Fulton
Tracts 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 91, 93, and 95
Tract 96 Block Groups 4 through 6
Tracts 97 through 99, 102.01, 102.02, 103, 104, and 105.05
Tract 105.06 Block Group 1
Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02
Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9
The first members elected pursuant to the above provisions shall be those who are elected to take office in 1983. Such members shall serve until their successors are elected and take office as provided in this section or as provided in Section 4. Successors to such members and future successors shall likewise be elected under the provisions of this sec tion unless Section 4 becomes effective. Until such members take office in 1983 the mem bers of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composi tion of congressional districts from which such members were elected shall remain the same. The provisions of this section shall be effective for any special primaries and elec tions which are necessary for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this section shall be effective January 1, 1983, and shall remain in effect until and unless this section is superseded as provided in Section 4.
For purposes of this section: (1) The terms "Tract" or "Census Tract," "Block Group," and "Block" shall mean
and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
Section 4. (a) This section shall become effective immediately upon the issuance of a ruling by any federal court of competent jurisdiction in Busbee v. Smith that the 1981

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JOURNAL OF THE HOUSE,

congressional redistricting plan for Congressional Districts No. 4 and 5 may lawfully be implemented under the federal Voting Rights Act of 1965.
(b) If this section applies, the representatives from Congressional Districts No. 4 and 5 who are elected to take office in 1983 pursuant to Section 3 shall remain in office for the remainder of the terms for which they were elected and the composition of such dis tricts shall remain for such period of time as provided in Section 3 of this Act. All future successors to such members shall, however, be elected from Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan.
(c) If this section applies, effective upon January 1 of the first year following the general election at which successors are elected pursuant to this section, the composition of Congressional Districts No. 4 and 5 as described in the 1981 congressional redistricting plan shall be effective for purposes of the appointment or election of members of boards or bodies where such are made on the basis of congressional districts.
Section 5. This Act does not repeal or amend the provisions of the 1981 congres sional redistricting plan pertaining to Congressional Districts No. 4 and 5; those provisions are merely suspended pending the outcome of Busbee v. Smith. This Part I of this Act shall control the election of members of the United States House of Representatives from Georgia Congressional Districts No. 4 and 5. The election of members of the United States House of Representatives for Congressional Districts No. 1, 2, 3, 6, 7, 8, 9, and 10 contin ues to be governed by the 1981 congressional redistricting plan. The provisions of this Part I of this Act shall control over any conflicting provisions of the Code of 1933, as amended, particularly by an Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), shall control over any conflicting provisions of the Official Code of Georgia Annotated which will become effective November 1, 1982, as amended by said Act approved September 22, 1981 (Ga. L. 1981, Ex. Sess., p. 131), and shall control over any conflicting provisions of any other law of this state, unless and until a ruling in Busbee v. Smith makes Section 4 of this Act effective.
Section 6. (a) This Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) This Part I of this Act shall not be repealed by conflicting provisions of the Offi cial Code of Georgia Annotated which shall become effective November 1, 1982.
Part II
Section 7. The General Assembly finds that the court proceedings referred to in Sec tion 1 of this Act have delayed the holding of elections in all of Georgia's congressional districts. The General Assembly finds that the existing delay of these elections and uncer tainty over the future progress of these court proceedings require the enactment of this Part II of this Act in order to grant to the Governor broad authority to alter times and procedures otherwise specified for the election of members of the United States House of Representatives. The General Assembly declares that this grant of authority to the Gover nor, which is limited to proceedings related to the election of congressmen to take office in 1983, is necessary so that such proceedings may be carried out with a minimum of expense and delay and in compliance with federal and state law.
Section 8. (a) The Governor may at any time issue the call for any special primaries which are necessary to ensure that primaries are held for the nomination of candidates in each congressional district in Georgia for purposes of the election of members of the United States House of Representatives from Georgia to take office in 1983. If it is not possible to elect congressmen at the November, 1982, general election, the Governor may also at any time issue the call for any special election which is necessary to ensure that an election is held for all of such congressmen as soon after the date of the November, 1982, general election as is reasonably possible. The Governor may also at any time fix any date for, and issue any call necessary for, any run-off primary or run-off election required to be held after said primary or said election. No specific period of time shall be required to elapse between the call of and the holding of any such primary, primary runoff, elec tion, or run-off election.

SUNDAY, AUGUST 8, 1982

2869

(b) In connection with the calling and holding of any such primary, primary runoff, election, and run-off election, the Governor shall have full authority to fix the dates of and prescribe the manner of:
(1) Publications and advertisements of any matters required to be published or advertised;
(2) Printing of ballots and absentee ballots; (3) The certification of candidates by political parties and political bodies; (4) The posting of names of candidates; (5) The qualification of and filing of notice of candidacy by candidates; (6) The certification of names of poll watchers; (7) The registration of voters; (8) The substituted nomination of candidates; (9) The notice of and holding of conventions by political bodies; (10) The preparation and availability of voting machines, vote recorders, and bal lots; and (11) Such other like matters as are necessary or appropriate. (c) In connection with the election of congressmen to take office in 1983, the Gover nor shall prescribe such period of time as is reasonably practicable for the circulation of petitions for the nomination of candidates by petition. The Governor shall fix the number of electors' signatures necessary for nomination by petition in accordance with the follow ing formula: The number of signatures necessary for nomination by petition in each con gressional district shall be fixed at a number which reasonably approximates the product derived by multiplying 5 percent of the number of electors within the district eligible to vote at the last general election times a fraction; the numerator of this fraction shall be the number of days within the period of time prescribed for circulation of petitions and the denominator shall be 180. In no event, however, shall the number of electors whose signature is required be set at less than one-half of 1 percent of the number of electors within the district eligible to vote at the last general election. The Governor shall prescribe the deadline for filing of such petitions. (d) To the extent practicable, all proceedings for the election of congressmen to take office in 1983 shall be as provided in the "Georgia Election Code." The provisions of this Part II of this Act shall, however, control over any conflicting provisions of the "Georgia Election Code," Title 34 of the Code of 1933 and Title 21 of the Official Code of Georgia Annotated or any other law of this state; and the Governor, with respect to any matters as to which he is given authority by this Part II of this Act, shall not be bound by the provisions of the "Georgia Election Code" or any other law of this state.
Section 9. This Part II of this Act shall apply only for purposes of election of mem bers of the United States House of Representatives from the State of Georgia to take office in 1983; and this Part II of this Act shall be repealed in its entirety upon the day after the day in 1983 on which all members of the United States House of Representatives from the State of Georgia shall have taken office.
Section 10. This Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. If this Part II of this Act has not been approved for enforcement under Section 5 of the federal Voting Rights Act by August 13, 1982, this Part II of this Act shall as of Midnight, August 13, 1982, be repealed in its entirety.

Representative Burruss of the 21st moved that the House adopt the report of the third Committee of Conference on HB 1 Ex.
On the motion, the roll call was ordered and the vote was as follows:

Y Aaron N Adams.G Y Adams.J Y Adams.M

N Aiken Y Anderson Y Argo N Auten

Y Balkcom Y Bargeron N Baugh
Beal

Y Beck Y Benefield
Benn Y Birdsong

N Bishop N Bolster N Branch Y Bray

2870

JOURNAL OF THE HOUSE,

N Brooks YBuck Y Burruss N Burton NByrd NCason Y Castleberry Y Chamberlin Y Chambless
Y Chance Y Cheeks Y Childers Y Childs N Clark.B
Clark,L N Colbert Y Coleman Y Collins Y Colwell Y Connell N Couch YCox Y Crawford
N Crosby N Culpepper Y Cummings N Darden N Daugherty
Davis.B N Davis,J N Davis.L NDean

Dent Y Dixon N Dobbs N Dover Y Edwards N Elliott Y Evans N Felton Y Fortune Y Foster N Fuller.C YGaler N Ginsberg Y Glover NGodbee N Greer YHam N Hamilton Y Manner Y Harris N Harrison Y Hasty Y Hawkins YHays NHill N Holmes N Hooks Y Home
Hutchinson N Irvin N Isakson Y Jackson,J

N Jackson.N
Y Jackson.W Y Jessup Y Johnson,G N Johnson.R Y Jones.B N Jones.H Y Karrh NKemp N Kilgore Y Lambert N Lane.D N Lane.R Y Lawson YLee Y Logan YLong
Lord N Lowe N Lucas Y Mangum YMann N Marcus Y Martin
Matthews McCollum Y McDonald N McKinney Miles N Milford Y Montgomery Moody

On the motion, the ayes were 90, nays 73. The chair voted "aye". The report was adopted.

Moore Y Mostiler Y Mullinax
Y Nicholson NNix Y Oliver Y Padgett
Par ham N Patten N Perry Y Peters Y Phillips.B Y Phillips.L.L N Phillips,R.T Y Phillips,W.R N Pilewicz
Y Pinkston Y Rainey
Ralston
Y Ramsey N Randall
Y Reaves Y Richardson Y Robinson
NRose YRoss Y Rowland Y Russell N Savage N Scott,A N Scott,D Y Selman

N Shepard N Sherrod Y Sizemore N Smith.T
N Smyre YSnow
Y Steinberg N Swann Y Thomas N Thompson N Townsend
Triplett Tuten Y Twiggs Y Vandiford Y Vaughn N Veazey N Waddle Y Walker N Wall Y Ware Y Watson N White N Widener N Williams.BJ N Williams.H Y Williams.R N Wilson Y Wood.J Y Wood.J.T Y Workman Speaker Murphy

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

Mr. Speaker:
The Senate has adopted the Report of the third Committee of Conference on the fol lowing Bill of the House:

HB 1 Ex. By: Representatives Murphy of the 18th, Connell of the 87th, Edwards of the 110th, Burruss of the 21st, Lee of the 72nd, and others: A BILL to provide for the composition of certain congressional districts of Georgia; and for other pur
poses.

The following Resolution of the House was read:

HR 18 Ex. By: Representative Murphy of the 18th: A RESOLUTION
Relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn sine die at 6:55 P.M., on August 8, 1982.

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

SUNDAY, AUGUST 8, 1982

2871

Y Aaron Y Adams,G Y AdamsJ Y Adams.M Y Aiken Y Anderson
YArgo Y Auten Y Balkcom
Bargeron YBaugh
Beal YBeck Y Benefield
Benn Birdsong Bishop Y Bolster Y Branch YBray Brooks Y Buck Y Burruss Burton
YByrd YCason Y Castleberry Y Chamberlin Y Chambless Y Chance
Cheeks Y Childers
Childs Clark.B Clark.L
Y Colbert

Coleman Y Collins Y Colwell Y Connell Y Couch
Cox Y Crawford Y Crosby Y Culpepper Y Cummings
Darden Daugherty Davis.B Y Davis,J Y Davis.L Dean Dent Y Dixon Y Dobbs Dover Y Edwards Elliott Evans Y Felton Y Fortune Y Foster Fuller.C Y Galer Y Ginsberg Glover YGodbee Y Greer YHam Hamilton Hanner Y Harris

Y Harrison Hasty
Y Hawkins
YHays Hill
Y Holmes
Y Hooks Home Hutchinson Irvin
Y Isakson Y Jackson,J
Jackson.N Y Jackson,W
Jessup Y Johnson ,G Y Johnson.R
Jones.B Y Jones.H Y Karrh YKemp Y Kilgore
Lambert Y Lane,D YLane.R Y Lawson YLee YLogan YLong
Lord YLowe
Lucas Mangum
YMann Y Marcus Y Martin

Matthews McCollum Y McDonald McKinney Miles Milford Y Montgomery Moody Moore Y Mostiler Y Mullinax Y Nicholson
YNix Y Oliver Y Padgett
Par ham Y Patten Y Perry
Peters Y Phillips,B
Phillips,L.L Phillips,R.T Y Phillips,W.R Y Pilewicz Pinks ton Rainey Ralston YRamsey Y Randall Y Reaves Y Richardson Y Robinson YRose YRoss Y Rowland Y Russell

On the adoption of the Resolution, the ayes were 111, nays 0. The Resolution was adopted.

Y Savage
Scott,A Scott.D Selman Shepard Y Sherrod Y Sizemore Smith.T
YSmyre Snow
Y Steinberg YSwann Y Thomas
Thompson Townsend Triplett
Tuten Y Twiggs Y Vandiford
Vaughn Y Veazey
Waddle Y Walker
Wall Y Ware Y Watson
White Widener Y Williams.B.J Williams.H Y Williams.R Wilson Y Wood,J Y Wood,J.T Y Workman Speaker Murphy

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 7 Ex. By: Senators Holloway of the 12th and Eldridge of the 7th: A RESOLUTION relative to adjournment.

Pursuant to the provisions of HR 18 Ex, the Speaker announced the House adjourned Sine Die.

PART VI EXTRAORDINARY SESSION
August 3, 1982 -- August 8, 1982

3012

INDEX

HOUSE BILLS

HB 1 Ex --Reapportionment; Congressional Districts 4 and 5................................2S27, 2828, 2828, 2830, 2840, 2841, 2855, 2855, 2856, 2857, 2857, 2857, 2858, 2864, 2864, 2866, 2872
HB 2 Ex -- Reapportionment; Congressional Districts 4 and 5 ......................2827, 2828 HB 3 Ex --Congressional Districts; special elections .......................................2838, 2840

HOUSE RESOLUTIONS
HR 1 Ex --Notify Senate; House convened in Extraordinary Session................................................................................2823
HR 2 Ex --Notify Governor; General Assembly convened in Extraordinary Session .....................................................................2823, 2824
HR 3 Ex --Rules of House; adopt .................................................................................2823 HR 4 Ex --Rules of House; amend 57..........................................................................2824 HR 5 Ex --Correctional Programs and Institutions; regulation ...............................2825 HR 6 Ex --Extraordinary Session; urge Governor to amend call.............................2825 HR 7 Ex --Congressional Reapportionment; urge General Assembly
cease civil action.........................................................................................2835 HR 8 Ex --Medical assistance; urge certain action by Board...................................2835 HR 9 Ex --Heard, Bennie; honor ..................................................................................2836 HR 10 Ex --Cumberland Island; relative to management...........................................2836 HR 11 Ex --Immaculate Conception Catholic Church; relative to fire.....................2840 HR 12 Ex --Chamberlin, Honorable Richard; commend.............................................2840 HR 13 Ex --Booth, John; commend................................................................................2840 HR 14 Ex --Wilder, Dr. Garnett; speedy recovery .......................................................2840 HR 15 Ex --Boy Scout Troop 55; salute ........................................................................2840 HR 16 Ex --Spence, Shirley; express appreciation.......................................................2840 HR 17 Ex --National Park Service; urge certain policies
relative to Cumberland Island .................................................................2840 HR 18 Ex --Adjourn; Sine Die; Extraordinary Session ...............................................2872

SENATE RESOLUTIONS IN HOUSE
SR 2 Ex --Notify House; Senate convened in Extraordinary Session .....................................................................2824, 2827
SR 7 Ex --Adjourn; Sine Die; Extraordinary Session................................................2873